(1) The operator of a determined major hazard facility must implement control measures that:
(a) eliminate, so far as is reasonably practicable, the risk of a major incident occurring; or
(b) if it is not reasonably practicable to eliminate that risk – minimise that risk so far as is reasonably practicable.
Note for subregulation (1)
WHS (NUL) Act – section 20 (see regulation 9).
(2) The operator of a determined major hazard facility must implement risk control measures designed to minimise, in the event of a major incident occurring, its magnitude and the severity of its consequences to persons both on-site and off-site.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.