New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 557

557 Emergency plan

(1) The operator of a determined major hazard facility must prepare an emergency plan for the major hazard facility that--

(a) addresses all health and safety consequences of a major incident occurring, and

(b) includes all matters specified in Schedule 16, and

(c) provides for testing of emergency procedures, including the frequency of testing.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(2) In preparing an emergency plan, the operator must consult with--

(a) the following bodies--

(i) Fire and Rescue NSW, and

(ii) if the facility is within a rural fire district within the meaning of the Rural Fires Act 1997 --the NSW Rural Fire Service, and

(b) in relation to the off-site health and safety consequences of a major incident occurring--the local authority.

(3) The operator must ensure that the emergency plan addresses any recommendation made by the emergency service organisations consulted under subclause (2) in relation to--

(a) the testing of the emergency plan, including the manner in which it will be tested, the frequency of testing and whether or not the emergency service organisations will participate in the testing, and

(b) what incidents or events at the major hazard facility should be notified to the emergency service organisations.

(4) The operator must have regard to any other recommendation or advice given by a person consulted under subclause (2).

(5) The operator must--

(a) keep a copy of the plan at the major hazard facility, and

(b) give a copy of the plan to--

(i) the emergency service organisations consulted under subclause (2), and

(ii) any other relevant emergency service organisations.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(6) The operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations consulted under subclause (2) before applying for a licence for the major hazard facility.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(7) The operator must immediately implement the emergency plan if--

(a) a major incident occurs in the course of the operation of the major hazard facility, or

(b) an event occurs that could reasonably be expected to lead to a major incident.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(8) The operator must notify the emergency service organisations consulted under subclause (2) of the occurrence of an incident or event referred to in subclause (3)(b).

: Maximum penalty--

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

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

Note : This clause applies in addition to clause 43.