Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 771

771 Existing major hazard facility with validated safety report

(1) This section applies if—

(a) immediately before the commencement—

(i) the occupier of a major hazard facility within the meaning of the repealed DGSM Act has complied with section 47 of that Act in relation to the safety report or any update to the safety report required under the section; and

(ii) the chief executive has validated the report or any update by written notice given to the occupier of acceptance of the report as at a particular audit date mentioned in the notice; and

(b) on the commencement, the facility is required to be licensed as a major hazard facility under part 9.7.

(2) Subsections (3) to (8) apply on the commencement.

(3) A licence under part 9.7 of this regulation is taken to be granted for the facility on the application of the operator of the major hazard facility and the facility is a licensed major hazard facility under this regulation.

(4) The regulator must issue to the operator a licence document for the licence taken to exist under subsection (3).

Note—

A failure to issue the licence document is a reviewable decision, see section 676.

(5) In issuing the licence document under subsection (4), the regulator may impose conditions on the licence under section 584(2) of this regulation as if the regulator had granted the licence.

Note—

A decision to impose a condition on the grant of a licence is a reviewable decision, see section 676.

(6) The licence taken to exist under subsection (3) expires on a day set by the regulator, after consulting with the operator, but not beyond a period of 5 years after the audit date.

(7) Part 9.7, division 3 applies to the licence, despite subsection (6).

(8) Part 9.7 divisions 2, 4 and 5 apply to the licence.