South Australian Current Regulations South Australian Current Regulations535—A major hazard facility must be licensed
(1) A facility at
which Schedule 15 chemicals are present or likely to be present in a
quantity that exceeds their threshold quantity must be licensed under
Chapter 9 Part 7.
Note—
See section 41 of the Act.
(2) A facility that is
determined to be a major hazard facility under regulation 541 must be
licensed under Chapter 9 Part 7.
Note—
See section 41 of the Act.
(3) Despite
subregulation (1) or (2), a determined major hazard facility is exempt
from the requirement to be licensed during the exemption period if the
operator of the major hazard facility is taken to be a suitable person to
operate the facility for the purposes of Chapter 9 Part 2.
(4) The operator of a
licensed major hazard facility must hold the licence for the major hazard
facility.
"exemption period", in relation to a determined major hazard facility, means
the period beginning on the determination of the facility and ending on the
first of the following to occur:
(a) the
revocation of the determination of the facility under regulation 546;
(b) the
end of the period for applying for a licence given under regulation 549,
unless an application for a licence for the facility is made within that
period;
(c) the
grant of a licence for the facility under Chapter 9 Part 7;
(d) if
the regulator decides to refuse to grant a licence for the facility—
(i)
the end of the period for applying for an external review
of that decision, unless an application for external review is made within
that period; or
(ii)
the making of the decision on the external review.
Notes—
1 The licensing process is provided for in
Chapter 9 Part 7.
2 Under Chapter 9 Part 2, an operator of
a determined major hazard facility is taken to be a suitable operator if no
determination is made under regulation 543.
3 Under Chapter 9 Part 3 the operator of
a determined major hazard facility is given a limited time to prepare the
major hazard facility to be licensed, including by preparing a safety case.
4 Chapter 9 Part 2 provides for the
notification and determination of facilities and operators of facilities. The
purpose of notification is to enable the regulator to determine whether—
(a) a
facility or proposed facility is a major hazard facility; and
(b) the
operator of a determined major hazard facility is a suitable person to—
(i)
operate the facility while the determination under
paragraph (a) is in force; and
(ii)
apply for a licence for the facility.