(1) The operator of a
determined major hazard facility must prepare an emergency plan for the major
hazard facility that—
(a)
addresses all health and safety consequences of a major incident occurring;
and
(b)
includes all matters specified in Schedule 16; and
(c)
provides for testing of emergency procedures, including the frequency of
testing.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) In preparing an
emergency plan, the operator must consult with—
(a) the
emergency service organisations with responsibility for the area in which the
major hazard facility is located; and
(b) in
relation to the off-site health and safety consequences of a major incident
occurring—the local authority.
(3) The operator must
ensure that the emergency plan addresses any recommendation made by the
emergency service organisations consulted under subregulation (2) in
relation to—
(a) the
testing of the emergency plan, including the manner in which it will be
tested, the frequency of testing and whether or not the emergency service
organisations will participate in the testing; and
(b) what
incidents or events at the major hazard facility should be notified to the
emergency service organisations.
(4) The operator must
have regard to any other recommendation or advice given by a person consulted
under subregulation (2).
(5) The operator
must—
(a) keep
a copy of the plan at the major hazard facility; and
(b) give
a copy of the plan to—
(i)
the emergency service organisations consulted under
subregulation (2); and
(ii)
any other relevant emergency service organisations.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(6) The operator must
test the emergency plan in accordance with the recommendations made by the
emergency service organisations consulted under subregulation (2) before
applying for a licence for the major hazard facility.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(7) The operator must
immediately implement the emergency plan if—
(a) a
major incident occurs in the course of the operation of the major hazard
facility; or
(b) an
event occurs that could reasonably be expected to lead to a major incident.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(8) The operator must
notify the emergency service organisations consulted under
subregulation (2) of the occurrence of an incident or event referred to
in subregulation (3)(b).
Maximum penalty:
(a) In
the case of an individual—$3 600.
(b) In
the case of a body corporate—$18 000.
(9) This regulation
does not apply to the operator of a major hazard facility that is also a mine
if—
(a) the
operator has prepared an emergency plan for the mine that complies with
regulation 664; and
(b) the
plan addresses all matters required to be addressed under this regulation and
includes all matters specified in Schedule 16.
Note—
This regulation applies in addition to regulation 43.