Northern Territory Numbered Regulations Northern Territory Numbered Regulations(1) The operator of a licensed major hazard facility must review and as necessary revise the following, in accordance with this regulation:
(a) the safety assessment for the facility in order to ensure the adequacy of the control measures to be implemented by the operator;
(b) the major hazard facility's emergency plan;
(c) the major hazard facility's safety management system.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(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 566 does not minimise the relevant risk so far as is reasonably practicable;
(c) a new major hazard risk is identified;
(d) the results of consultation by the operator under Part 9.5 indicate that a review is necessary;
(e) a health and safety representative requests a review under subregulation (5);
(f) the regulator requires the review;
(g) at least once every 5 years.
Example for subregulation (2)(a)
An effectiveness test indicates a deficiency in the control measure.
(3) In reviewing and revising the safety assessment, the operator must comply with the requirements set out in regulation 555(2) , (3) and (4).
(4) In reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in regulation 557(2).
(5) 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.