South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 601

601—Cancellation of major hazard facility licence—on operator's application

        (1)         The operator of a licensed major hazard facility may apply to the regulator to cancel the licence.

        (2)         An application must be—

            (a)         made in the manner and form required by the regulator; and

            (b)         accompanied by the relevant fee.

        (3)         The regulator must conduct an inquiry into the inventory and operations of the facility before deciding on an application to cancel a licence.

        (4)         The regulator must cancel a major hazard facility licence if—

            (a)         the quantity of Schedule 15 chemicals present or likely to be present at the facility does not exceed their threshold quantity; and

            (b)         it is unlikely that a major incident will occur at the facility.

        (5)         If the regulator, under this regulation, cancels the licence of a facility that was determined to be a major hazard facility under Chapter 9 Part 2, the regulator must revoke the determination.

Notes—

        1         A decision to refuse to cancel a licence is a reviewable decision (see regulation 676).

        2         See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these regulations.