New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 540

540 Inquiry procedure

(1) This clause sets out the procedure for an inquiry.

(2) The regulator must give a written notice to the person referred to in subclause (3)--

(a) informing the person of the reasons for the inquiry, and

(b) advising the person that the person may, by a specified date (being not less than 28 days after the notice is given), make a submission to the regulator in relation to the inquiry.

(3) Notice under subclause (2) must be given--

(a) for an inquiry about a facility in relation to which a notification has been given under clause 536 or 537--to the contact person identified in the notification, and

(b) in any other case--to the operator of the facility.

(4) The regulator must--

(a) if the recipient of the notice has made a submission in relation to the inquiry--consider that submission, and

(b) consult with interested persons including--

(i) health and safety representatives at the facility, and

(ii) the emergency service organisations that have responsibility for the area in which the facility is located, and

(iii) any government department or agency with a regulatory role in relation to major hazard facilities, and

(c) decide whether or not to make a determination under clause 541 or 542, and

(d) if it decides to make a determination under clause 541 or 542--decide whether or not to make a determination in relation to the operator under clause 543.