Queensland Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 772

Existing major hazard facility with safety report not yet validated

772 Existing major hazard facility with safety report not yet validated

(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(i) the occupier of a major hazard facility within the meaning of the repealed DGSM Act has under section 47 of that Act given the chief executive a safety report or any update to the safety report required under the section (a
"transitional report or update" ); and
(ii) the chief executive has not yet validated the transitional report or update; and
(b) on the commencement, the facility is required to be licensed as a major hazard facility under part 9.7.
(2) On the commencement, 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.
(3) The regulator must issue to the operator a licence document for the licence taken to exist under subsection (2).
Note—
A failure to issue the licence document is a reviewable decision, see section 676.
(4) In issuing the licence document, 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.
(5) The licence taken to exist under subsection (2) expires at the end of a period of 6 months after the commencement unless suspended or cancelled.
(6) Part 9.7, divisions 2, 4 and 5 apply to the licence.
(7) The regulator must deal with the transitional report or update in the same way as the report or update would have been dealt with under the repealed DGSM Act by the chief executive if it had been given to, and dealt with by, the chief executive before the repeal of the repealed DGSM Act.
(8) Subsection (9) applies if the regulator validates the transitional report or update by written notice given to the operator of the facility of acceptance of the report as at a particular audit date mentioned in the notice.
(9) On the giving of the notice, section 771(3) to (8) applies to the facility.



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