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OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 360

Operators of certain facilities to notify Authority

    (1)     Subject to subregulation (2), the operator of a facility at which Schedule 14 materials are present, or likely to be present, in a quantity exceeding 10% of their threshold quantity must notify the Authority of this circumstance in accordance with this regulation.

Notes

1     Act compliance—sections 21, 23 and 26 (see  regulation 7).

2     Threshold quantity is defined in regulation 5.

    (2)     Subregulation (1) does not apply to—

        (a)     a person who has applied under regulation 514 to the Authority for registration to operate the facility as a major hazard facility; or

        (b)     an operator of a registered major hazard facility.

    (3)     The notice under subregulation (1) must be given within 30 days after the operator becomes aware, or ought reasonably to have become aware, of the circumstance giving rise to the requirement to notify.

    (4)     Without limiting regulation 532, the notice must contain—

        (a)     the information specified in Schedule 18 with all necessary adaptations to the circumstance described in subregulation (1) that give rise to the requirement to notify; and

        (b)     if the facility or proposed facility is expected to operate as a major hazard facility, the date on which it will commence so operating.

Notes

1     Regulation 363 provides that the Authority may determine that a facility is a major hazard facility after receiving notice under this regulation.

2     See Division 1 of Part 7.1 (Administrative matters) for information regarding notices.



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