South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 541

541—Determination in relation to facility, on inquiry

        (1)         This regulation applies if an inquiry discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility or proposed facility exceeds 10% of their threshold quantity, but does not exceed their threshold quantity.

        (2)         The regulator may determine the facility or proposed facility to be a major hazard facility if the regulator considers that there is a potential for a major incident to occur at the facility or proposed facility having regard to all relevant matters, including—

            (a)         the quantity and combination of Schedule 15 chemicals present or likely to be present at the facility; and

            (b)         the type of activity at the facility that involves the Schedule 15 chemicals; and

            (c)         land use and other activities in the surrounding area.

Notes—

1         If an inquiry discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility exceeds their threshold quantity, the facility is a major hazard facility. See definition of "major hazard facility in regulation 5.

2         A determination that a facility is a major hazard facility, or that a proposed facility is not a major hazard facility, is a reviewable decision (see regulation 676).