South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 589

589—Amendment imposed by regulator

        (1)         The regulator may, on its own initiative, amend a major hazard facility licence, including amending the licence to—

            (a)         vary or delete a condition of the licence; or

            (b)         impose a new condition on the licence.

        (2)         If the regulator proposes to amend a licence, the regulator must give the operator a written notice—

            (a)         setting out the proposed amendments and the reasons for it; and

            (b)         advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.

        (3)         After the date specified in a notice under subregulation (2), the regulator must—

            (a)         if the operator has made a submission in relation to the proposed amendment—consider that submission; and

            (b)         whether or not the operator has made a submission—decide—

                  (i)         to make the proposed amendment; or

                  (ii)         not to make any amendment; or

                  (iii)         to make a different amendment that results from consideration of any submission made by the operator; and

            (c)         within 14 days after making that decision, give the operator written notice that—

                  (i)         sets out the amendment, if any; and

                  (ii)         if a submission was made in relation to the proposed amendment—sets out the regulator's reasons for making the amendment; and

                  (iii)         specifies the date (being not less than 28 days after the operator is given the notice) on which the amendment, if any, takes effect.

Note—

A decision to amend a licence is a reviewable decision (see regulation 676).