(1) The operator of a
determined major hazard facility must review and as necessary revise the
following, in accordance with this regulation:
(a) the
safety assessment conducted under regulation 555 in order to ensure the
adequacy of the control measures to be implemented by the operator;
(b) the
major hazard facility's emergency plan (unless, in the case of a major hazard
facility that is also a mine, the operator of the facility is not required to
prepare an emergency plan for the facility under regulation 557 because
the operator has prepared a suitable emergency plan under regulation 664) ;
(c) the
major hazard facility's safety management system (unless, in the case of a
major hazard facility that is also a mine, the operator of the facility is not
required to establish a safety management system for the facility under
regulation 558 because the operator has established a suitable safety
management system under regulation 661).
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) Without limiting
subregulation (1), the operator must conduct a review and revision in the
following circumstances:
(a) a
modification to the major hazard facility is proposed;
(b) a
control measure implemented under regulation 556 does not minimise the
relevant risk so far as is reasonably practicable;
Example—
An effectiveness test indicates a deficiency in the control measure.
(c) a
new major hazard risk is identified;
(d) the
results of consultation by the operator under Chapter 9 Part 5
indicate that a review is necessary;
(e) a
health and safety representative requests a review under
subregulation (4);
(f) the
regulator requires the review.
(3) In reviewing and
revising the emergency plan, the operator must consult with the emergency
service organisations referred to in regulation 557(2).
(4) A health and
safety representative for workers at a major hazard facility may request a
review if the representative reasonably believes that—
(a) a
circumstance referred to in subregulation (2)(a), (b), (c) or (d) affects
or may affect the health and safety of a member of the work group represented
by the health and safety representative; and
(b) the
operator has not adequately conducted a review in response to the
circumstance.
(5) If a major hazard
facility is also a mine and an emergency plan that complies with
regulation 664 has been prepared in relation to the facility, the plan must be
reviewed in accordance with regulation 670.
(6) If a major hazard
facility is also a mine and a safety management system that complies with
regulation 621 has been established in relation to the facility, the system
must be reviewed in accordance with regulation 625.