New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 589

589 Amendment imposed by regulator

(1) The regulator may, on its own initiative, amend a major hazard facility licence, including by amending the licence to--

(a) vary or delete a condition of the licence, or

(b) impose a new condition on the licence.

(2) If the regulator proposes to amend a licence, the regulator must give the operator a written notice--

(a) setting out the proposed amendment and the reasons for it, and

(b) advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.

(3) After the date specified in a notice under subclause (2), the regulator must--

(a) if the operator has made a submission in relation to the proposed amendment--consider that submission, and

(b) whether or not the operator has made a submission--decide--

(i) to make the proposed amendment, or

(ii) not to make any amendment, or

(iii) to make a different amendment that results from consideration of any submission made by the operator, and

(c) within 14 days after making that decision, give the operator written notice that--

(i) sets out the amendment if any, and

(ii) if a submission was made in relation to the proposed amendment--sets out the regulator's reasons for making the amendment, and

(iii) specifies the date (being not less than 28 days after the operator is given the notice) on which the amendment, if any, takes effect.

Note : A decision to amend a licence is a reviewable decision (see clause 676).