Northern Territory Numbered Regulations

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 589

Amendment imposed by regulator

    (1)     The regulator may, on its own initiative, amend a major hazard facility licence, including by 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 amendment 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 for regulation 589

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



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