New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 553

553 Alteration

(1) If the regulator is not satisfied that a safety case outline provided by the operator of a determined major hazard facility will lead to the development of a safety case that complies with clause 561, the regulator may require the operator to alter the outline.

(2) If the regulator proposes to require an operator to alter a safety case outline, the regulator must give the operator a written notice--

(a) informing the operator of the proposed requirement and the reasons for it, and

(b) advising the operator that the operator may make a submission to the regulator in relation to the proposed requirement, and

(c) specifying the date (being not less than 28 days) by which the submission must be made.

(3) The regulator must--

(a) if the operator has made a submission in relation to the proposed requirement to alter a safety case outline--consider that submission, and

(b) whether or not the operator has made a submission--decide whether or not to require the operator to alter the outline, and

(c) within 14 days after deciding, give the operator written notice of the decision, including details of the alteration required and the reasons why it is required.

(4) The operator must alter the outline as required.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(5) The operator must give the regulator a copy of a safety case outline that has been altered--

(a) under this clause, or

(b) by the operator on the operator's initiative.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(6) The safety case outline as altered becomes the safety case outline for the major hazard facility.