New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 590

590 Amendment on application by operator

(1) The regulator, on application by the operator of a licensed major hazard facility, may amend the major hazard facility licence, including by amending the licence to vary or delete a condition of the licence.

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

(a) informing the operator of the proposed refusal to amend the licence and the reasons for the proposed refusal, 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 refusal.

(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 refusal--consider that submission, and

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

(i) to make the amendment applied for, 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 of the decision in accordance with this clause.

(4) If the regulator makes the amendment applied for, the notice under subclause (3)(c) must specify the date (not being less than 28 days after the operator is given the decision notice) on which the amendment takes effect.

(5) If the regulator refuses to make the amendment applied for or makes a different amendment, the notice under subclause (3)(c) must--

(a) if a submission was made in relation to the proposed refusal of the amendment applied for--set out the reasons for the regulator's decision, and

(b) if the regulator makes a different amendment--

(i) set out the amendment, and

(ii) specify the date (being not less than 28 days after the operator is given the decision notice) on which the amendment takes effect.

Note : A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision (see clause 676).