New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 601

601 Cancellation of major hazard facility licence--on operator's application

(1) The operator of a licensed major hazard facility may apply to the regulator to cancel the licence.

(2) An application must be--

(a) made in the manner and form required by the regulator, and

(b) accompanied by the relevant fee.

(3) The regulator must conduct an inquiry into the inventory and operations of the facility before deciding on an application to cancel a licence.

(4) The regulator must cancel a major hazard facility licence if--

(a) the quantity of Schedule 15 chemicals present or likely to be present at the facility does not exceed their threshold quantity, and

(b) it is unlikely that a major incident will occur at the facility.

(5) If the regulator, under this clause, cancels the licence of a facility that was determined to be a major hazard facility under Part 9.2, the regulator must revoke the determination.

(5A) A cancellation of a major hazard facility licence under this clause does not take effect until the operator of the licensed major hazard facility pays the relevant fee.

Notes :

1 A decision to refuse to cancel a licence is a reviewable decision (see clause 676).

2 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.