Northern Territory Numbered Regulations Northern Territory Numbered RegulationsThe regulator must return the licence document to the operator within 14 days after the suspension ends.
10Chapter 10 (regulation numbers 609 to 675) is reserved.
(1) The following table sets out:
(a) decisions made under these Regulations that are reviewable under this Part ( reviewable decisions ); and
(b) who is eligible to apply for review of a reviewable decision (the eligible person ).
|
Item |
Regulation under which reviewable decision is made |
Eligible person in relation to reviewable decision | |
|---|---|---|---|
|
1 |
regulation
89 |
Applicant | |
|
2 |
regulation
91 |
Applicant | |
|
3 |
regulation
98 |
Applicant | |
|
4 |
regulation
104 |
Applicant | |
|
5 |
regulation
106 | ||
|
6 |
regulation
106 | ||
|
7 |
regulation
106 | ||
|
Accreditation of assessors | |||
|
8 |
regulation
118 |
Applicant An RTO that engages the applicant | |
|
9 |
regulation
120 |
Applicant An RTO that engages the applicant | |
|
10 |
regulation
121 |
Applicant An RTO that engages the applicant | |
|
11 |
regulation
121 |
Applicant An RTO that engages the applicant | |
|
12 |
regulation
127 |
An RTO that engages the accredited assessor | |
|
13 |
regulation
132 |
Applicant An RTO that engages the applicant | |
|
14 |
regulation
133 |
An RTO that engages the accredited assessor | |
|
15 |
regulation
133 |
An RTO that engages the accredited assessor | |
|
16 |
regulation
133 |
An RTO that engages the accredited assessor | |
|
Registration of Plant Designs | |||
|
17 |
Applicant | ||
|
18 |
Applicant | ||
|
19 |
regulation
258 |
Applicant | |
|
Registration of Plant | |||
|
20 |
Applicant The person with management or control of the item of plant | ||
|
21 |
Applicant The person with management or control of the item of plant | ||
|
22 |
regulation
271 |
Applicant The person with management or control of the item of plant | |
|
23 |
regulation
271 |
Applicant The person with management or control of the item of plant | |
|
24 |
regulation
279 |
Registration holder The person with management or control of the item of plant | |
|
25 |
regulation
283 |
Registration holder The person with management or control of the item of plant | |
|
26 |
regulation
284 |
Registration holder The person with management or control of the item of plant | |
|
27 |
regulation
288 |
Registration holder The person with management or control of the item of plant | |
|
General Construction Induction Training | |||
|
28 |
regulation
322 |
Applicant | |
|
29 |
regulation
323 | ||
|
30 |
regulation
322 | ||
|
31 |
regulation
384 |
Applicant | |
|
32 |
regulation
386 |
Authorisation holder | |
|
33 |
A person conducting a business or undertaking that carries out the lead process A worker whose interests are affected by the decision | ||
|
34 |
regulation
407 |
A person conducting a business or undertaking that carries out lead risk work A worker whose interests are affected by the decision | |
|
Asbestos removal licences and asbestos assessor licences | |||
|
35 |
regulation
497 |
Applicant | |
|
36 |
regulation
501 |
Applicant | |
|
37 |
regulation
502 |
Applicant | |
|
38 |
regulation
502 |
Applicant | |
|
39 |
regulation
508 | ||
|
40 |
regulation
509 | ||
|
41 |
regulation
513 |
Applicant | |
|
42 |
regulation
517 |
Applicant | |
|
43 |
regulation
520 | ||
|
44 |
regulation
520 | ||
|
45 |
regulation
520 | ||
|
Major hazard facilities | |||
|
Determination of facility to be major hazard facility | |||
|
46 |
regulation
541 | ||
|
47 |
regulation
541 | ||
|
48 |
regulation
542 | ||
|
49 | |||
|
50 |
regulation
544 | ||
|
Licensing of major hazard facility | |||
|
51 |
regulation
580 | ||
|
52 |
regulation
584 | ||
|
53 |
regulation
584 | ||
|
54 |
regulation
589 | ||
|
55 |
regulation
590 | ||
|
56 |
regulation
594 | ||
|
57 |
regulation
598 | ||
|
58 |
regulation
600 | ||
|
59 |
regulation
601 | ||
|
60 |
regulation
602 | ||
|
61 |
regulation
602 | ||
|
62 |
regulation
602 | ||
|
Exemptions | |||
|
63 |
regulation
684 |
Applicant | |
|
64 |
regulation
686 |
Applicant | |
|
65 |
regulation
688 | ||
|
66 |
regulation
691 |
Applicant | |
|
67 |
Applicant | ||
|
68 |
regulation
697 |
Applicant | |
|
69 |
regulation
697 |
Applicant | |
(2) Unless the contrary intention appears, a reference in this Part to a decision includes a reference to:
(a) making, suspending, revoking or refusing to make an order, determination or decision; or
(b) giving, suspending, revoking or refusing to give a direction, approval, consent or permission; or
(c) granting, issuing, amending, renewing, suspending, cancelling, revoking or refusing to grant, issue, amend or renew an authorisation; or
(d) imposing or varying a condition; or
(e) making a declaration, demand or requirement; or
(f) retaining, or refusing to deliver up, a thing; or
(g) doing or refusing to do any other act or thing; or
(h) being taken to refuse or do any act or thing.
This Division does not apply to a reviewable decision made under:
(a) Chapter 9; or
(b) Part 11.2.
(1) Subject to subregulation (2), an eligible person in relation to a reviewable decision may apply to the regulator for review (an internal review ) of the decision within:
(a) 28 days after the day on which the decision first came to the eligible person's notice; or
(b) any longer time the regulator allows.
(2) An eligible person in relation to a reviewable decision under regulation 89(5), 118(5), 256(5), 269(5) or 497(5) may apply to the regulator for review (an internal review ) of the decision within:
(a) 28 days after the day on which the 120 day period referred to in that provision; or
(b) any longer time the regulator allows.
(3) The application must be made in the manner and form required by the regulator.
(1) The regulator may appoint a person or body to review decisions on applications under this Division.
(2) The person who made the reviewable decision cannot be an internal reviewer in relation to that decision.
(1) The internal reviewer must review the reviewable decision and make a decision as soon as practicable and within 14 days after the application for internal review, or the additional information requested under subregulation (3), is received.
(2) The decision may be:
(a) to confirm or vary the reviewable decision; or
(b) to set aside the reviewable decision and substitute another decision that the internal reviewer considers appropriate.
(3) The internal reviewer may ask the applicant to provide additional information in support of the application for review.
(4) The applicant must provide the additional information within the time (being not less than 7 days) specified by the internal reviewer in the request for information.
(5) If the applicant does not provide the additional information within the required time, the reviewable decision is taken to have been confirmed by the internal reviewer at the end of that time.
(6) If the reviewable decision is not varied or set aside within the 14 day period referred to in subregulation (1), the reviewable decision is taken to have been confirmed by the internal reviewer.
Within 14 days of making the decision on the internal review, the internal reviewer must give the applicant written notice of:
(a) the decision on the internal review; and
(b) the reasons for the decision.
Subject to any provision to the contrary in relation to a particular decision, an application for an internal review does not affect the operation of the reviewable decision or prevent the taking of any lawful action to implement or enforce the decision.
(1) An eligible person may apply to the Work Health Court for review (an external review ) of:
(a) a reviewable decision made by the regulator under:
(i) Chapter 9; or
(ii) Part 11.2; or
(b) a decision made, or taken to have been made, on an internal review.
(2) The application must be made within:
(a) 28 days after the day on which the decision first came to the eligible person's notice; or
(b) any longer time the Work Health Court allows.
(1) The regulator may exempt a person or class of persons from compliance with any of these Regulations.
(2) The exemption may be granted on the regulator's own initiative or on the written application of one or more persons.
(3) This regulation is subject to the limitations set out in this Part.
(4) This regulation does not apply to an exemption from:
(a) a provision requiring a person to hold a high risk work licence; or
(b) a provision of Chapter 9 relating to a major hazard facility or proposed major hazard facility.
Note for regulation 684
A decision to refuse to grant an exemption is a reviewable decision (see regulation 676).
In deciding whether or not to grant an exemption under regulation 684 the regulator must have regard to all relevant matters, including the following:
(a) whether the granting of the exemption will result in a standard of health and safety at the relevant workplace, or in relation to the relevant undertaking, that is at least equivalent to the standard that would be achieved by compliance with the relevant provision or provisions;
(b) whether the requirements of paragraph (a) will be met if the regulator imposes certain conditions in granting the exemption and those conditions are complied with;
(c) whether exceptional circumstances justify the grant of the exemption;
(d) if the proposed exemption relates to a particular thing – whether the regulator is satisfied that the risk associated with the thing is not significant if the exemption is granted;
(e) whether the applicant has carried out consultation in relation to the proposed exemption in accordance with Part 5, Divisions 1 and 2 of the Act.
(1) The regulator may exempt a person or class of persons from compliance with a provision of these Regulations requiring the person or class of persons to hold a high risk work licence.
(2) The exemption may be granted on the written application of any person concerned.
Note for regulation 686
A decision to refuse to grant an exemption is a reviewable decision (see regulation 676).
(1) The regulator must not grant an exemption under regulation 686 unless satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption.
(2) For the purposes of subregulation (1), the regulator must have regard to all relevant matters, including whether or not:
(a) the obtaining of the high risk work licence would be impractical; and
(b) the competencies of the person to be exempted exceed those required for a high risk work licence; and
(c) any plant used by the person can be modified in a way that reduces the risk associated with using that plant.
(1) The regulator may exempt the operator of a major hazard facility or proposed major hazard facility from compliance with any provision of these Regulations relating to that facility.
(2) The exemption may be granted on the written application of the operator of the major hazard facility or proposed major hazard facility.
Note for regulation 688
A decision to refuse to grant an exemption is a reviewable decision (see regulation 676).
(1) The regulator must not grant an exemption under regulation 688 unless satisfied that:
(a) one or more Schedule 15 chemicals are present or likely to be present at the facility; and
(b) the quantity of the Schedule 15 chemicals exceeds the threshold quantity of the Schedule 15 chemicals periodically because they are solely the subject of intermediate temporary storage; and
(c) the Schedule 15 chemicals are in one or more containers with the capacity of each container being not more than a total of 500 kg; and
(d) granting the exemption will result in a standard of health and safety in relation to the operation of the facility that is at least equivalent to the standard that would be achieved by compliance with the relevant provision or provisions.
(2) For the purposes of subregulation (1) the regulator must have regard to all relevant matters, including whether or not:
(a) the applicant is complying with the Act and these Regulations; and
(b) the applicant has processes and procedures in place which will keep the quantity of the Schedule 15 chemical or chemicals present or likely to be present at or below the threshold quantity for the Schedule 15 chemical or chemicals as often as practicable; and
(c) the applicant has implemented adequate control measures to minimise the risk of a major incident occurring.
An application for an exemption must be made in the manner and form required by the regulator.
Notes for regulation 690
1 The application must be in writing (see regulation 684(2)).
2 The regulator may grant an exemption on its own initiative (see regulation 684(2)).
3 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.
(1) The regulator may impose any conditions it considers appropriate on an exemption granted under this Part.
(2) Without limiting subregulation (1), conditions may require the applicant to do one or more of the following:
(a) monitor risks;
(b) monitor the health of persons at the workplace who may be affected by the exemption;
(c) keep certain records;
(d) use a stated system of work;
(e) report certain matters to the regulator;
(f) give notice of the exemption to persons who may be affected by the exemption.
Note for regulation 691
A decision to impose a condition is a reviewable decision (see regulation 676).
The regulator must prepare an exemption document that states the following:
(a) the name of the applicant for the exemption (if any);
(b) the person or class of persons to whom the exemption will apply;
(c) the work or thing to which the exemption relates, if applicable;
(d) the circumstances in which the exemption will apply;
(e) the provisions of these Regulations to which the exemption applies;
(f) any conditions on the exemption;
(g) the date on which the exemption takes effect;
(h) the duration of the exemption.
A person to whom the exemption is granted must:
(a) comply with the conditions of the exemption; and
(b) ensure that any person under the management or control of that person complies with the conditions of the exemption.
The regulator must give a copy of the exemption document referred to in regulation 692, within 14 days after making the decision to grant the exemption, to:
(a) if a person applied for the exemption – the applicant; or
(b) if the regulator granted the exemption on its own initiative – each person (other than persons to whom regulation 695 applies) to whom the exemption will apply.
(1) This regulation applies to an exemption that relates to a class of persons.
(2) The regulator must publish a copy of the exemption in the Gazette .
(1) If the regulator refuses to grant an exemption, the regulator must give the applicant for the exemption written notice of the refusal within 14 days after making that decision.
(2) The notice must state the regulator's reasons for the refusal.
Note for regulation 696
A refusal to grant an exemption is a reviewable decision (see regulation 676).
The regulator may at any time amend or cancel an exemption.
Note for regulation 697
A decision to amend or cancel an exemption is a reviewable decision (see regulation 676).
(1) The regulator must give written notice of the amendment or cancellation of an exemption, within 14 days after making the decision to amend or cancel the exemption, to:
(a) if a person applied for the exemption – the applicant; or
(b) if the regulator granted the exemption on its own initiative – each person (other than persons to whom subregulation (2) applies) to whom the exemption applies.
(2) If the exemption affects a class of persons, the regulator must publish notice of the amendment or cancellation of the exemption in the Gazette .
(3) The notice must state the regulator's reasons for the amendment or cancellation.
(4) The amendment or cancellation takes effect:
(a) on the publication of the notice in the Gazette , or on a later date specified in the notice; or
(b) if the notice is not required to be published in the Gazette , on the giving of the notice to the applicant under subregulation (1) or on a later date specified in the notice.
For the purposes of section 36 of the Act, each of the following conditions is a serious illness:
(a) any infection to which the carrying out of work is a significant contributing factor, including any infection that is reliably attributable to carrying out work:
(i) with micro-organisms; or
(ii) that involves providing treatment or care to a person; or
(iii) that involves contact with human blood or body substances; or
(iv) that involves handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products;
(b) the following occupational zoonoses contracted in the course of work involving handling or contact with animals, animal hides, skins, wool or hair, animal carcasses or animal waste products:
(i) Q fever;
(ii) Anthrax;
(iii) Leptospirosis;
(iv) Brucellosis;
(v) Hendra Virus;
(vi) Avian Influenza;
(vii) Psittacosis.
Note for section 699
Other legislation may also require notification of conditions mentioned in this regulation. See, for example, the Notifiable Diseases Act.
For the purposes of section 157(1) of the Act, an identity card given by the regulator to an inspector must include the following:
(a) a recent photograph of the inspector of the size, and in the form, specified by the regulator;
(b) the inspector's signature;
(c) the date (if any) on which the inspector's appointment ends;
(d) any conditions to which the inspector's appointment is subject, including the kinds of workplaces in relation to which the inspector may exercise his or her compliance powers.
For the purposes of section 228(6)(a) of the Act, the prescribed period is 14 days from the date on which the decision was made on the internal review.
A corresponding WHS law is prescribed for the purposes of section 271(3)(c)(ii) of the Act.
In this Part:
"infringement notice", see regulation 705.
"infringement notice offence", see regulation 704(1).
"prescribed amount", see regulation 704(2).
(1) An infringement notice offence is an offence against a provision of the Act or these Regulations specified in Schedule 19.
(2) The prescribed amount for an infringement notice offence is the amount specified for the offence in Schedule 19.
If an inspector reasonably believes a person has committed an infringement notice offence, the inspector may give a notice (an infringement notice ) to the person.
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act , to whom the prescribed amount is payable.
(2) The infringement notice must include a statement to the effect of the following:
(a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act , including (but not limited to) action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the person;
(v) making a community work order for the person and imprisonment of the person if the person breaches the order.
(3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).
If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.
(1) The regulator may withdraw the infringement notice by written notice given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the person; and
(b) before payment of the prescribed amount.
(1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or
(c) prevent more than 1 infringement notice for the same offence being given to a person.
(3) If more than 1 infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.
In this Chapter:
"existing", in relation to plant, means in existence immediately before 1 January 2012.
"existing business" means a business or undertaking that was being conducted immediately before 1 January 2012.
"existing workplace "means a place that was a workplace for the purposes of the old WHS Act immediately before 1 January 2012.
"NUL" followed by a provision designation, means the provision of that designation in these Regulations.
Examples for definition NUL
1 NUL regulation 256 means regulation 256 of these Regulations.
2 NUL Schedule 3 means Schedule 3 of these Regulations.
"old WHS Act" means the Workplace Health and Safety Act as in force immediately before 1 January 2012.
"old WHS Authority "means the Authority under the old WHS Act.
"old WHS Regulations" means the Workplace Health and Safety Regulations as in force immediately before 1 January 2012.
"old WHS" followed by a provision designation, means the provision of that designation of the old WHS Regulations.
Examples for definition old WHS
1 old WHS regulation 35 means regulation 35 of the Workplace Health and Safety Regulations as in force immediately before 1 January 2012.
2 old WHS Part 5 means Part 5 of the Workplace Health and Safety Regulations as in force immediately before 1 January 2012.
"unfinished application" means an application that was made under the old WHS Regulations before 1 January 2012 but, as at 1 January 2012, had not been determined.
This Chapter does not limit the operation of Part III of the Interpretation Act .
Until 1 January 2013, a person conducting an existing business at a workplace is not required to comply with NUL regulation 42 if the person ensures that, in relation to that workplace, old WHS regulation 52 is complied with as if it had not been repealed.
Until 1 January 2013, a person conducting an existing business at a workplace is not required to comply with NUL regulation 43 if the person ensures that, in relation to that workplace, old WHS regulation 47(4) is complied with as if it had not been repealed.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulation 48 in relation to remote or isolated work if the person ensures that, in relation to the work, old WHS regulations 38 and 39 are complied with as if they had not been repealed.
Until 1 January 2013, NUL regulation 53 does not apply in relation to an existing business.
Until 1 January 2013, NUL regulations 54 and 55 do not apply in relation to an existing business.
Until 1 January 2014, a person conducting an existing business is not required to comply with NUL regulation 58 in relation to a worker if the person ensures that, in relation to that worker's risk of hearing loss associated with noise, old WHS regulations 38, 39 and 42 are complied with as if they had not been repealed.
On 1 January 2012, a permit issued under old WHS regulation 61A(5) that was in force immediately before 1 January 2012 becomes a confined space entry permit under NUL regulation 67.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulation 68 in relation to a confined space if the person ensures that, in relation to that space, old WHS regulations 50 and 61A are complied with as if they had not been repealed.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulations 69 or 74 in relation to a confined space if the person ensures that, in relation to that space, old WHS regulation 61A(4) is complied with as if it had not been repealed.
Until 1 January 2013, a person conducting an existing business at a workplace is not required to comply with NUL regulation 78 if the person ensures that, in relation to the risk of falls at the workplace, old WHS regulations 38 and 39 are complied with as if they had not been repealed.
Until 1 January 2013, a person conducting an existing business at a workplace is not required to comply with NUL regulation 79 if the person ensures that, in relation to that workplace, old WHS regulation 47A is complied with as if it had not been repealed.
Until 1 January 2013, NUL regulation 80 does not apply in relation to an existing business.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulation 142 in relation to demolition work if the person ensures that, in relation to that work, old WHS regulation 26 is complied with as if it had not been repealed.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulations 150 and 151 in relation to electrical equipment if the person ensures that, in relation to that equipment, old WHS regulation 62 is complied with as if it had not been repealed.
Until 1 January 2013, NUL regulations 154 to 162 do not apply in relation to an existing business.
Until 1 January 2013, a person is not required to comply with NUL regulation 164 in relation to electrical equipment if the person ensures that, in relation to that equipment, old WHS regulation 65 is complied with as if it had not been repealed.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulation 165 in relation to electrical equipment if the person ensures that, in relation to that equipment, old WHS regulation 65(3) and (4) is complied with as if it had not been repealed.
Until 1 January 2013, NUL regulation 166 does not apply in relation to an existing business.
Note for regulation 729
This regulation does not affect the operation of the Electrical Reform Act, which also imposes obligations in relation to electric lines in certain circumstances.
(1) If a designer commenced designing plant or a structure before 1 January 2012:
(a) the new upstream duties imposed on a designer do not apply in relation to the designing of the plant or structure; and
(b) the old upstream duties imposed on the designer in relation to the designing of the plant or structure continue to apply as if the old WHS Act had not been repealed.
(2) In this regulation:
"new upstream duties" means the duties imposed under NUL regulations 59(1) and (2), 61(1) to (3), 64, 187 to 192 and 228 to 230.
"old upstream duties" means duties that were imposed under old WHS regulations 9, 61 and 84, and clause 7 of the National Standard for Construction Work [NOHSC:1016 (2005)] as adopted by old WHS regulation 133A, immediately before 1 January 2012.
(3) This regulation expires on 1 January 2014.
(1) If a manufacturer commenced any process associated with the manufacture of plant or a structure before 1 January 2012:
(a) the new upstream duties imposed on a manufacturer do not apply in relation to the manufacture of the plant or structure; and
(b) the old upstream duties imposed on the manufacturer in relation to the manufacture of the plant or structure continue to apply as if the old WHS Act had not been repealed.
(2) In this regulation:
"new upstream duties" means the duties imposed under NUL regulations 59(3) and (4), 61(4) to (6), 64, 193 to 195 and 231.
"old upstream duties" means duties that were imposed under old WHS regulations 10, 61 and 85 immediately before 1 January 2012.
(3) This regulation expires on 1 January 2013.
(1) If an importer commenced any steps constituting the importation of plant or a structure before 1 January 2012:
(a) the new upstream duties imposed on an importer do not apply in relation to the importation of the plant or structure; and
(b) the old upstream duties imposed on the importer in relation to the importation of the plant or structure continue to apply as if the old WHS Act had not been repealed.
(2) In this regulation:
"new upstream duties" means the duties imposed under NUL regulations 59(5), 61(7), 64, 196, 197 and 232.
"old upstream duties" means duties that were imposed under old WHS regulations 11 and 86 immediately before 1 January 2012.
(3) This regulation expires on 1 January 2013.
(1) If a supplier commenced any process associated with the supply of plant or a structure before 1 January 2012:
(a) the new upstream duties imposed on a supplier do not apply in relation to the supply of the plant or structure; and
(b) the old upstream duties imposed on the supplier in relation to the supply of the plant or structure continue to apply as if the old WHS Act had not been repealed.
(2) In this regulation:
"new upstream duties" means the duties imposed under NUL regulations 59(6), 61(8), 64, 198 to 200 and 233.
"old upstream duties" means duties that were imposed under old WHS regulations 11, 61 and 86 immediately before 1 January 2012.
(3) This regulation expires on 1 January 2013.
(1) If a person to whom section 26 of the Act applies (an installer ) commenced any process associated with the installation, construction or commissioning of plant or a structure before 1 January 2012:
(a) the new upstream duties imposed on an installer do not apply in relation to the installation, construction or commissioning of the plant or structure; and
(b) the old upstream duties imposed on the installer in relation to the installation, construction or commissioning of the plant or structure continue to apply as if the old WHS Act had not been repealed.
(2) In this regulation:
"new upstream duties" means the duties imposed under NUL regulations 201, 202 and 234.
"old upstream duties" means duties that were imposed under old WHS regulations 12 and 87 immediately before 1 January 2012.
(3) This regulation expires on 1 January 2014.
(1) A reference in these Regulations to something done or required to be done under a new upstream provision includes a reference to the equivalent thing done or required to be done under the corresponding provision of the old WHS regulations mentioned in this Part.
Example for subregulation (1)
A reference to information required to be provided under section 22 of the Act about plant that was being designed before 1 January 2012 includes a reference to information required to be provided about the plant under sections 56 and 57 of the old WHS Act as continued by section 279 of the Act.
(2) In this regulation:
"new upstream provision" means section 22 to 26 of the Act or a provision of these Regulations mentioned in the definition new upstream duties in NUL regulation 730 , 731 , 732 , 733 or 734 .
In this Division:
"converted licence" means a licence that becomes a high risk work licence under NUL regulation 737 or 738 .
"existing licence" means a licence under old WHS Part 3 that was in force immediately before 1 January 2012, other than an Asbestos Removal licence.
(1) On 1 January 2012, an existing licence of a type listed in table 737 becomes a high risk work licence of the class listed in the table for that type of existing licence.
(2) The converted licence remains in force until the date on which the existing licence would have expired under the old WHS Regulations.
Note for subregulation (2)
However, NUL regulation 739 may affect the duration of concrete placing boom, standard boiler operation and reciprocating steam engine licences.
Table 737
|
Type of existing licence | ||
|---|---|---|
|
1 |
Basic Scaffolding |
Basic
scaffolding |
|
2 |
Intermediate Scaffolding |
Intermediate
scaffolding |
|
3 |
Advanced Scaffolding |
Advanced
scaffolding |
|
4 |
Dogging |
Dogging |
|
5 |
Basic Rigging |
Basic rigging |
|
6 |
Intermediate Rigging | |
|
7 |
Advanced Rigging | |
|
8 |
Tower Crane
Operation, |
Tower crane |
|
9 |
Tower Crane
Operation, |
Self-erecting tower
cranes |
|
10 |
Derrick Crane Operation |
Derrick crane |
|
11 |
Portal Boom Crane Operation |
Portal boom
crane |
|
12 |
Bridge and Gantry Crane Operation |
Bridge and gantry
crane |
|
13 |
Vehicle Loading Crane Operation |
Vehicle loading
crane |
|
14 |
Slewing Mobile Crane Operation (up to 20 tonne) |
Slewing mobile crane – with a capacity up to
20 t |
|
15 |
Slewing Mobile Crane Operation (up to 60 tonne) |
Slewing mobile crane – with a capacity up to
60 t |
|
16 |
Slewing Mobile Crane Operation (up to 100 tonne) |
Slewing mobile crane – with a capacity up to
100 t |
|
17 |
Slewing Mobile Crane Operation (open) |
Slewing mobile crane – with a capacity over
100 t |
|
18 |
Hoist Operation (Cantilever Platform) |
Materials
hoist |
|
19 |
Hoist Operation (Personnel and Materials) |
Personnel and materials
hoist |
|
20 |
Elevating Work Platform Operation | |
|
21 |
Concrete Placing Boom Operation | |
|
22 |
Forklift Truck
Operation, |
Forklift truck
|
|
23 |
Forklift Truck
Operation, | |
|
24 |
Basic Boiler Operation |
Standard boiler
operation |
|
25 |
Intermediate Boiler Operation |
Standard boiler
operation |
|
26 |
Advanced Boiler Operation |
Advanced boiler
operation |
|
27 |
Turbine Operation |
Turbine
operation |
|
28 |
Reciprocating Steam Engine Operation |
(1) On 1 January 2012, an existing licence for Non-slewing Mobile Crane Operation becomes both of the following:
(a) a non–slewing mobile crane high risk work licence as mentioned in NUL Schedule 3, item 14;
(b) a reach stacker high risk work licence as mentioned in NUL Schedule 3, item 23.
(2) Each of the converted licences remains in force until the date on which the existing licence would have expired under the old WHS Regulations.
Note for subregulation (2)
However, NUL regulation 739 may affect the duration of a reach stacker licence.
(1) This regulation applies in relation to a converted licence of one of the following classes:
(b) reach stacker;
(c) standard boiler operation;
(d) reciprocating steam engine.
(2) If the expiry date of the licence is on or after 1 July 2013, the licence is subject to a condition that the licence holder must give to the regulator, before 1 July 2013, a copy of a certification mentioned in NUL regulation 87(2)(f) for the relevant class of licence.
(3) If the expiry date of the licence is before 1 July 2013, an application for the renewal of the licence made before 1 July 2013 must include either:
(a) a copy of a certification as mentioned in NUL regulation 87(2)(f) for the relevant class of licence; or
(b) a statement that the licence holder has not yet obtained that certification.
(4) If the application includes a statement as mentioned in subregulation (3)(b):
(a) NUL regulation 89(2)(e) does not apply; and
(b) if it is renewed, the licence is subject to a condition that the licence holder must give to the regulator, before 1 July 2013, a copy of a certification as mentioned in NUL regulation 87(2)(f) for the relevant class of licence.
(5) If the licence holder does not comply with a condition imposed by subregulation (2) or (4)(b), the licence expires on 1 July 2013.
A converted licence is subject to any conditions to which the existing licence was subject immediately before 1 January 2012.
A converted licence that was, immediately before 1 January 2012, a licence to which old WHS regulation 174 applied cannot be renewed under these Regulations.
If, immediately before 1 January 2012, an existing licence was suspended, the converted licence is suspended until the date on which the suspension would have ended under the old WHS Regulations.
(1) An unfinished application for the grant or renewal of a licence, or the issue of a replacement licence, under old WHS Part 3 (other than an Asbestos Removal licence) is to be dealt with and determined (including as to the exercise of any right of review or appeal) in accordance with the old WHS Act as if it had not been repealed.
(2) If the licence is granted, NUL regulations 737 to 740 apply as if the licence had been in force immediately before 1 January 2012.
(3) If the licence is renewed, NUL regulations 737 (2) or 738 (2) apply as if the licence had been renewed immediately before 1 January 2012.
(1) This regulation applies in relation to an application for a reach stacker high risk work licence that is made before 1 July 2013.
(2) The application does not need to include a copy of a certification as mentioned in NUL regulation 87(2)(f) for a reach stacker high risk work licence if it includes:
(a) a copy of a certification as mentioned in NUL regulation 87(2)(f) for a non–slewing mobile crane high risk work licence; and
(b) evidence that the applicant has experience in the operation of a reach stacker.
(3) If the regulator is satisfied that the application includes the certification and evidence mentioned in subregulation (2), NUL regulation 89(2)(e) does not apply.
(4) If a licence is granted to a person who provides the certification and evidence mentioned in subregulation (2), the licence is subject to a condition that the person must give to the regulator, before 1 July 2013, a copy of a certification as mentioned in NUL regulation 87(2)(f) for a reach stacker licence.
(5) If the licence holder does not comply with the condition imposed by subregulation (4), the licence expires on 1 July 2013.
(1) This regulation applies in relation to an application for a high risk work licence in one of the following classes that is made before 1 July 2013:
(b) standard boiler operation;
(c) reciprocating steam engine.
(2) The application does not need to include a copy of a certification as mentioned in NUL regulation 87(2)(f) if it includes written evidence that the applicant has met the training and qualification requirements that applied under old WHS regulation 17(2) for:
(a) in the case of a concrete placing boom high risk work licence – a Concrete Placing Boom Operation licence; or
(b) in the case of a standard boiler operation high risk work licence – a Basic Boiler Operation licence; or
(c) in the case of a reciprocating steam engine high risk work licence – a Reciprocating Steam Engine Operation licence.
(3) If the regulator is satisfied that the application includes written evidence as mentioned in subregulation (2), NUL regulation 89(2)(e) does not apply.
(4) If a licence is granted to a person who provides the evidence mentioned in subregulation (2), the licence is subject to a condition that the person must give to the regulator, before 1 July 2013, a copy of a certification as mentioned in NUL regulation 87(2)(f) for the relevant class of licence.
(5) If the licence holder does not comply with the condition imposed by subregulation (4), the licence expires on 1 July 2013.
(1) This regulation applies in relation to a person who was, immediately before 1 January 2012, registered under old WHS regulation 28.
(2) On 1 January 2012, the person becomes an accredited assessor under NUL Part 4.5, Division 2.
(3) If the person was registered under old WHS regulation 28 on or after 1 July 2010, the person's accreditation expires 3 years after the person was registered.
(4) If the person was registered under old WHS regulation 28 before 1 July 2010, the person's accreditation expires:
(a) if the person had, before 1 January 2012, been recognised by the old WHS Authority as having the workplace assessor competencies mentioned in clause 6.11(a) of the National Standard for Licensing Persons Performing High Risk Work – 3 years after the person was so recognised; or
(b) otherwise – on 1 July 2012.
(1) An unfinished application for registration under old WHS regulation 28 is to be dealt with and determined (including as to the exercise of any right of review or appeal) in accordance with the old WHS Act as if it had not been repealed.
(2) If the registration is granted, NUL regulation 746 applies as if the registration had been in force immediately before 1 January 2012.
In this Part:
"dive supervisor" means a person appointed under NUL regulation 177.
"harvesting or scientific diving work" means general diving work that is carried out for the purpose of:
(a) harvesting pearls or food (including fishing); or
(b) professional scientific research, natural resource management or scientific research as an educational activity.
"other diving work" means general diving work that is not harvesting or scientific diving work.
Until 1 July 2012, a worker carrying out general diving work is not required to hold a current certificate of medical fitness that complies with NUL regulation 169 if, in relation to the worker, old WHS regulation 168(b) is complied with as if it had not been repealed.
(1) A person may carry out harvesting or scientific diving work without complying with NUL regulation 171(a):
(a) if the person was engaged to carry out harvesting or scientific diving work on a regular basis during 2011:
(i) if the person had, before 1 January 2012, logged at least 60 hours of harvesting or scientific diving work – until 1 January 2013; or
(ii) otherwise – until 1 July 2012; or
(b) if paragraph (a) does not apply and the person is engaged to carry out harvesting or scientific diving work after 1 January 2012 but before 1 July 2012 – until 6 months after the person commences that work.
(2) The person may carry out other diving work without complying with regulation 171(a):
(a) if the person was engaged to carry out general diving work on a regular basis during 2011:
(i) if the person had, before 1 January 2012, logged at least 15 hours of general diving work – until 1 January 2013; or
(ii) otherwise – until 1 July 2012; or
(b) if paragraph (a) does not apply and the person is engaged to carry out other diving work after 1 January 2012 but before 1 July 2012 – until 6 months after the person commences that work.
Until 1 January 2013, NUL regulation 5(1), definition "competent person", paragraph (b) and NUL regulation 174 do not apply.
Until 1 January 2013, a person conducting an existing business undertaking general diving work is not required to comply with NUL regulation 176 if the person ensures that, in relation to that diving work, old WHS regulations 38, 39 and 168 are complied with as if they had not been repealed.
Until 1 January 2013, NUL regulation 177 does not apply in relation to an existing business.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulations 178 or 179 in relation to diving work if the person ensures that, in relation to that work, old WHS regulations 43 and 168(e) are complied with as if they had not been repealed.
Until 1 January 2013, NUL regulations 180 and 181 do not apply in relation to an existing business.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulation 182 in relation to diving work if the person ensures that, in relation to the keeping of records about that work, old WHS regulations 38 and 168 are complied with as if they had not been repealed.
Until 1 January 2013, a person is not required to comply with NUL regulation 183 in relation to high risk diving work if the person ensures that, in relation to that work, old WHS regulation 168 is complied with as if it had not been repealed.
Until 1 January 2103, a person is not required to comply with NUL regulation 184 if the person is competent to perform the work within the meaning of old WHS regulation 168(b) as in force immediately before 1 January 2012.
Until 1 January 2013, a person with management or control of existing plant is not required to comply with NUL regulation 208 if the person ensures that, in relation to that plant, old WHS regulation 125(b) is complied with as if it had not been repealed.
Until 1 January 2013, NUL regulations 210 to 212 do not apply in relation to existing plant.
Until 1 January 2013, NUL regulations 216 and 217 do not apply in relation to existing plant.
Until 1 January 2013, a person with management or control of an existing scaffold is not required to comply with NUL regulation 225 if the person ensures that, in relation to that scaffold, old WHS regulation 133 is complied with as if it had not been repealed.
Until 1 January 2013, a person with management or control of an existing crane is not required to comply with NUL regulation 235 if the person ensures that, in relation to the inspection of the crane:
(a) old WHS regulation 87B is complied with as if it had not been repealed; and
(b) any inspection carried out for the purposes of compliance with old WHS regulation 87B is carried out in accordance with AS 1418 (Cranes, hoists and winches).
Until 1 January 2013, a person with management or control of an existing amusement device is not required to comply with NUL regulation 238 if the person ensures that, in relation to the operation of that device, old WHS regulation 120 is complied with as if it had not been repealed.
(1) This regulation applies in relation to a person who was, immediately before 1 January 2012, registered under old WHS regulation 33 as an inspector of designated plant with authority to inspect amusement devices.
(2) Until 1 January 2013, the person is taken to be a competent person for the purposes of NUL regulation 241(5)(b).
Until 1 January 2013, a person with management or control of an existing amusement device is not required to comply with NUL regulation 241 if the person ensures that, in relation to the inspection of the device, old WHS regulations 99, 100 and 120 are complied with as if they had not been repealed.
Until 1 January 2013, a person with management or control of an existing amusement device is not required to comply with NUL regulation 242 if the person ensures that, in relation to that device, old WHS regulation 105 is complied with as if it had not been repealed.
(1) This regulation applies in relation to a design of plant that:
(a) was registered under old WHS regulation 90 immediately before 1 January 2012; and
(b) is required to be registered under NUL Part 5.3, Division 1.
(2) On 1 January 2012:
(a) the registration becomes registration under NUL Part 5.3, Division 3; and
(b) the design registration number issued under old WHS regulation 90(5)(a) becomes the plant design registration number for the design under NUL regulation 260.
(3) A person is not required to comply with NUL regulation 260(3) or (4) in relation to that plant design registration number until 1 January 2013.
(4) As soon as practicable after 1 January 2012 the regulator must issue to the registration holder a registration document as mentioned in NUL regulation 261 for that design.
A registration converted by NUL regulation 768 (2)(a) into registration under NUL Part 5.3, Division 3 is subject to any conditions to which the registration was subject immediately before 1 January 2012.
(1) An unfinished application for registration of a design, or an alteration to a registered design, under old WHS regulation 90 is to be dealt with and determined (including as to the exercise of any right of review or appeal) in accordance with the old WHS Act as if it had not been repealed.
(2) If the registration is granted, NUL regulation 768 applies as if the registration had been in force immediately before 1 January 2012.
(1) Until 1 January 2013, an application under NUL regulation 249 for the registration of the design of an item of plant does not need to include a design verification statement as mentioned in NUL regulation 250(2)(f) if it includes a verification statement that complies with old WHS regulation 90(2)(a) and (3)(b) as if it had not been repealed.
(2) A design verifier is not required to comply with NUL regulation 253 in relation to the design verification process for a design if the verifier started the process before 1 January 2012 and completes it before 1 January 2013.
(1) This regulation applies in relation to the design of an item of plant that:
(a) is of a kind that is required to be registered under NUL Part 5.3, Division 3; but
(b) was not required to be registered under old WHS regulation 90.
(2) Despite NUL regulation 243, the design is not required to be registered if plant of that design had been manufactured before 1 January 2012 or is first manufactured before 1 January 2013.
In this Subdivision:
"converted registration" means registration that is converted by NUL regulation 774 (2) into registration under NUL Part 5.3, Division 4.
(1) This regulation applies in relation to an item of plant if:
(a) immediately before 1 January 2012:
(i) the item of plant was registered under old WHS regulation 95; and
(ii) a certificate of inspection in respect of the plant was in force under old WHS regulation 99; and
(b) the item of plant is required to be registered under NUL Part 5.3, Division 2.
(2) On 1 January 2012:
(a) the registration becomes registration under NUL Part 5.3, Division 4; and
(b) the identification number issued under old WHS regulation 95(4)(b) becomes the plant registration number for the item of plant under NUL regulation 273; and
(c) the certificate of registration issued under old WHS regulation 95(4)(a) becomes the registration document for the item of plant under NUL regulation 274.
(3) The converted registration is subject to a condition that the registration holder must give to the regulator, before 1 January 2013, a copy of the certificate mentioned in subregulation (1)(a)(ii).
(4) If the registration holder does not comply with the condition imposed by subregulation (3), the registration expires on 1 January 2013.
(5) A person is not required to comply with NUL regulation 273(3) or (4) in relation to the plant's registration number until 1 January 2013.
A converted registration is subject to any conditions to which the registration was subject immediately before 1 January 2012.
A converted registration expires:
(a) if the item of plant was registered before 1 January 2001 – on 1 January 2013; or
(b) if the item of plant was registered on or after 1 January 2001 but before 1 January 2006 – on 1 January 2014; or
(c) if the item of plant was registered on or after 1 January 2006 but before 1 January 2009 – on 1 January 2015; or
(d) if the item of plant was registered on or after 1 January 2009 but before 1 January 2011 – on 1 January 2016; or
(e) if the item of plant was registered on or after 1 January 2011 – on 1 January 2017.
(1) An unfinished application for registration of an item of plant under old WHS regulation 95 is to be dealt with and determined (including as to the exercise of any right of review or appeal) in accordance with the old WHS Act as if it had not been repealed.
(2) If registration is granted, NUL regulation 774 applies as if the registration had been in force immediately before 1 January 2012.
(1) This regulation applies in relation to an item of plant that:
(a) is of a kind that is required to be registered under NUL Part 5.3, Division 4; and
(b) was not required to be registered under old WHS regulation 95; and
(c) was in existence immediately before 1 January 2012.
(2) Despite NUL regulation 246, the item of plant is not required to be registered under NUL Part 5.3, Division 4 until 1 January 2013.
(1) This regulation applies in relation to a person who was, immediately before 1 January 2012, registered under old WHS regulation 33 as an inspector of designated plant.
(2) Until 1 January 2013, the person is taken to be a competent person under NUL regulation 267 in respect of plant of the kind the person was authorised to inspect immediately before 1 January 2012.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulation 306 in relation to the excavation of a trench if the person ensures that, in relation to that excavation, old WHS regulation 145 is complied with as if it had not been repealed.
Until 1 January 2013, the principal contractor for a construction project that started before 1 January 2012 is not required to comply with NUL regulations 308 to 314 if the person ensures that, in relation to that project, old WHS regulation 133A is complied with as if it have not been repealed.
In this Division:
"NT Code" means the Northern Territory Code of Practice for Induction for Construction Work.
"unfinished application" means an application that was made under the NT Code before 1 January 2012 but, as at 1 January 2012, had not been determined.
"white card" means a construction induction card issued under the NT Code.
On 1 January 2012, a white card that was in force immediately before 1 January 2012 becomes a general construction induction training card.
(1) An unfinished application for the issue of a white card, or a replacement white card, is to be dealt with and determined (including as to the exercise of any right of review or appeal) in accordance with the NT Code and old WHS Act as if that Act had not been repealed.
(2) If the card is issued, NUL regulation 783 applies as if the card had been in force immediately before 1 January 2012.
(1) On 1 January 2012, an agreement between the old WHS Authority and an RTO relating to the issue by the RTO of white cards that was in force immediately before 1 January 2012 becomes an agreement between the regulator and the RTO under NUL regulation 325.
(2) An agreement continued by subregulation (1) has effect, with any necessary modifications, until:
(a) if the agreement includes an expiry date – that date; or
(b) if the agreement does not include an expiry date –1 January 2013.
(1) This regulation applies in relation to a provision of these Regulations that makes provision for a matter by reference to compliance with the GHS.
(2) Until 1 January 2017, a person is taken to comply with the provision to the extent it requires compliance with the GHS if the person complies with a transitional standard to the extent that it relates to the matter.
(3) In this regulation:
"transitional standard" means any of the following:
(a) the ADG Code;
(b) the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008 (2004)];
(c) National Code of Practice for the Labelling of Workplace Hazardous Substances [NOHSC: 2012 (1994)];
(d) Code of Practice for Labelling Agricultural Chemical Products, made under the Agricultural and Veterinary Chemicals Act 1994 (Cth);
(e) Code of Practice for Labelling Veterinary Chemical Products, made under the Agricultural and Veterinary Chemicals Act 1994 (Cth).
Note for regulation 786
This regulation applies in relation to the whole of these Regulations. Most provisions relating to the GHS are in Chapter 7, however a number of definitions in NUL regulation 5 and NUL regulations 471, 472, 483 and 484 also make reference to the GHS.
Until 1 January 2013, NUL regulation 367 does not apply in relation to a tank that was an abandoned tank immediately before 1 January 2012.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulation 376 in relation to a worker if the person ensures that, in relation to the worker, old WHS regulation 69E(1)(b) is complied with as if it had not been repealed.
(1) Until 1 January 2013, NUL regulation 390 does not apply in relation to a pipeline.
(2) However, if:
(a) building of the pipeline commences before 1 January 2013; or
(b) a circumstance mentioned in NUL regulation 390(3)(a) to (e) occurs before 1 January 2013;
the builder must comply with NUL regulation 390 in relation to that circumstance before 1 January 2013.
(3) A builder is not required to give to the regulator information about a pipeline that was given to the old WHS Authority before 1 January 2012 in accordance with clause 56 of NOHSC:1015.
(4) In this regulation:
"builder" means a person to whom NUL regulation 390 applies.
Until 1 January 2013, NUL regulation 391(2) and (3) do not apply in relation to a pipeline that was, immediately before 1 January 2012, being used to transfer hazardous chemicals.
Until 1 January 2013, NUL regulations 402 to 404 do not apply in relation to an existing business.
In this Division:
"DG licence "means a licence for the storage of dangerous goods under Part I, Division 2 of the Dangerous Goods Regulations as in force immediately before 1 January 2012.
NOHSC:1015 means the National Standard for Storage and Handling of Workplace Dangerous Goods [NOHSC:1015(2001)] as in force immediately before 1 January 2012.
(1) This regulation applies if:
(a) a person conducting an existing business at a workplace is required under NUL regulation 347 to prepare a manifest of Schedule 11 hazardous chemicals; and
(b) immediately before 1 January 2012, neither of the following were required in relation to the storage or handling of the chemicals at the workplace:
(i) a DG licence;
(ii) a manifest under clause 40 of NOHSC:1015.
(2) Until 1 January 2013, NUL regulations 347 and 348 do not apply in relation to the person conducting the existing business at that workplace.
(1) This regulation applies if:
(a) a person conducting an existing business at a workplace is required under NUL regulation 347 to prepare a manifest of Schedule 11 hazardous chemicals; and
(b) immediately before 1 January 2012, a DG licence was in force in relation to the storage of those chemicals at that workplace.
(2) Until the date on which the DG licence was due to expire, the person is not required to comply with NUL regulations 347 and 348 in relation to that workplace if the person ensures that, in relation to the workplace, clauses 40 and 45 of NOHSC:1015 are complied with.
(1) This regulation applies if:
(a) a person conducting an existing business at a workplace is required under NUL regulation 347 to prepare a manifest of Schedule 11 hazardous chemicals; and
(b) immediately before 1 January 2012, a manifest of dangerous goods was kept for the workplace under clause 40 of NOHSC:1015; and
(c) a notification was given to the old WHS Authority under clause 45 of NOHSC:1015 not more than 12 months before 1 January 2012.
(2) Until the re-notification date, the person is not required to comply with NUL regulations 347 and 348 in relation to that workplace if the person ensures that, in relation to the workplace, clauses 40 and 45 of NOHSC:1015 are complied with.
(3) In this regulation:
"re-notification date" means the date 12 months after the notification mentioned in subregulation (1)(c) was given to the old WHS Authority.
(1) This Division ceases to apply in relation to a workplace if there is a significant change in the Schedule 11 hazardous chemicals at the workplace.
(2) There is a significant change in the Schedule 11 hazardous chemicals at a workplace if the type or quantity of Schedule 11 hazardous chemicals being used, handled or stored at the workplace changes in such a way that, had the change occurred before 1 January 2012:
(a) a DG licence would have been required to be obtained, or an existing DG would have been required to be amended; or
(b) a re-notification would have been required to be provided under clause 45(c)(ii) of NOHSC:1015.
Until 1 July 2013, NUL regulations 425 to 430, 448 to 450 and 463 do not apply in relation to an existing workplace.
Until 1 January 2013, NUL Part 8.4 does not apply in relation to an existing workplace.
Until 1 January 2013, a person conducting an existing business is not required to comply with NUL regulation 445 in relation to a worker if the person ensures that, in relation to the worker's involvement in asbestos removal work or asbestos-related work, old WHS regulation 43 is complied with as if it had not been repealed.
Until 1 July 2013, a person conducting an existing business is not required to comply with NUL regulations 451 to 457 in relation to a demolition or refurbishment if the person ensures that, in relation to that demolition or refurbishment, old WHS regulation 151 is complied with as if the old WHS Regulations had not been repealed.
(1) Until 1 January 2014, in NUL Chapter 8 a reference to a nominated supervisor for asbestos removal work is a reference to a competent person whose name has been give to the regulator by the asbestos removalist carrying out the work as a supervisor of work carried out by the removalist.
(2) In this regulation:
"competent person" means:
(a) for Class A asbestos removal work – the holder of a converted licence authorising the person to carry out Class A asbestos removal work who has held that licence for at least 3 years; or
(b) for Class B asbestos removal work – the holder of a converted licence authorising the person to carry out Class B asbestos removal work who has held that licence for at least 1 year.
"converted licence", see NUL regulation 811.
Until 1 January 2014, an asbestos removalist is not required to comply with NUL regulation 460(1) in relation to a worker if the removalist ensures that, in relation to the worker, old WHS regulation 43 is complied with as if it had not been repealed.
Note for regulation 802
The operation of NUL regulation 460 is also affected by NUL regulation 810 .
Until 1 January 2013, an asbestos removalist is not required to comply with NUL regulations 464 and 465 in relation to asbestos removal work that was commissioned before 1 January 2012 if the removalist ensures that, in relation to the work, section 58 of the old WHS Act is complied with as if it had not been repealed.
Note for regulation 803
The operation of NUL regulations 464 and 465 is also affected by NUL regulation 810 .
Until 1 January 2013, NUL regulations 467 to 470 do not apply.
Note for regulation 804
The operation of NUL regulations 467 and 470 is also affected by NUL regulation 810 .
Until 1 January 2013, NUL regulations 471, 472, 483 and 484 do not apply in relation to asbestos removal work that was commissioned before 1 January 2012.
Note for regulation 805
NUL regulation 786 contains transitional arrangements in relation to the GHS.
(1) Until 1 January 2014, NUL regulation 473(2)(a) and (b) apply as if the word "independent" had been omitted.
(2) Until 1 January 2014, a person is taken to be a competent person for the purposes of NUL regulation 473(2)(b) if the person:
(a) is a competent person within the meaning of NUL regulation 5, definition "competent person", paragraph (g); or
(b) is the holder of a converted licence (as defined in NUL regulation 811) authorising the person to carry out Class B asbestos removal work and has held that licence for at least 1 year.
Note for regulation 806
The operation of NUL regulation 473 is also affected by NUL regulation 810 .
Until 1 January 2014, a person conducting a business or undertaking is not required to comply with NUL regulations 475 or 476 in relation to asbestos removal work if the person ensures that, in relation to the work, old WHS regulation 41 is complied with as if it had not been repealed.
Until 1 January 2014, NUL regulations 475 and 477(1)(e) apply as if each reference to the word "independent" had been omitted.
Note for regulation 808
The operation of NUL regulations 475 and 477 is also affected by NUL regulations 807 and 810 .
Until 1 January 2013, a person conducting a business or undertaking is not required to comply with NUL regulations 479 to 481 in relation to asbestos-related work if the person ensures that, in relation to the work, old WHS regulations 43 and 68 are complied with as if they had not been repealed.
Until 1 January 2014, a reference in NUL Part 8.7 or 8.8 to a licensed asbestos removalist:
(a) is taken to be a reference to an asbestos removalist; and
(b) is taken to not be a reference to the holder of a converted licence (as defined in NUL regulation 811 ) who is not an asbestos removalist.
Notes for regulation 810
1 An asbestos removalist is a person conducting a business or undertaking who carries out asbestos removal work, whether or not the person is licensed. A worker carrying out the work is not an asbestos removalist unless the worker is also the person conducting the business or undertaking.
2 The operation of some provisions in NUL Parts 8.7 and 8.8 is also affected by other regulations in this Division.
In this Division:
"converted licence" means a licence that becomes an asbestos removal licence or asbestos assessor licence under NUL regulation 812 .
"existing licence" means an Asbestos Removal licence under old WHS Part 3 that was in force immediately before 1 January 2012.
(1) On 1 January 2012, an existing licence authorising the licence holder to carry out work involving friable asbestos that was issued before 1 January 2009 becomes both of the following:
(a) a Class A asbestos removal licence;
(b) an asbestos assessor licence.
(2) On 1 January 2012, an existing licence authorising the licence holder to carry out work involving friable asbestos that was issued on or after 1 January 2009 becomes a Class A asbestos removal licence.
(3) On 1 January 2012, an existing licence to which subregulations (1) and (2) do not apply becomes a Class B asbestos removal licence.
(4) Each of the converted licences remains in force until 1 January 2014.
Note for subregulation (4)
Subregulation (4) applies regardless of the date on which the existing licence would have expired. The duration of a converted asbestos assessor licence may also be affected by subregulations (5) and (6).
(5) A converted asbestos assessor licence is subject to a condition that the licence holder must, before 1 July 2012, satisfy the regulator that the person is competent to carry out work as a licensed asbestos assessor.
(6) If the licence holder does not comply with a condition imposed by subregulation (5), the licence expires on 1 July 2012.
A converted licence is subject to any conditions to which it was subject immediately before 1 January 2012.
A converted licence cannot be renewed under these Regulations.
Note for regulation 814
This regulation does not prevent the licensee applying for a new licence under these Regulations.
If, immediately before 1 January 2012, an existing licence was suspended, the converted licence is suspended until the date on which the suspension would have ended under the old WHS Regulations.
(1) An unfinished application for the grant or renewal of an Asbestos Removal licence, or the issue of a replacement Asbestos Removal licence, under old WHS Part 3 is to be dealt with and determined (including as to the exercise of any right of review or appeal) in accordance with the old WHS Act as if it had not been repealed.
(2) If the licence is granted or renewed, NUL regulations 812 to 814 apply as if the licence had been in force immediately before 1 January 2012.
(1) This regulation applies in relation to an application for an asbestos removal licence or asbestos assessor licence that is made before 1 January 2014.
(2) An application for an asbestos removal licence does not need to include the information required by NUL regulation 493(1)(c) or 494(1)(c) if it includes written evidence that each named supervisor has met the training and qualification requirements that applied under old WHS regulation 17(2) for an Asbestos Removal licence immediately before 1 January 2012.
(3) An application for an asbestos assessor licence does not need to include the information required by NUL regulation 495(b) if it includes written evidence that the applicant has met the training and qualification requirements that applied under old WHS regulation 17(2) for an Asbestos Removal licence immediately before 1 January 2012.
(4) If the application does not include the information required by NUL regulation 493(1)(c), 494(1)(c) or 495(b), NUL regulation 497(1)(b) does not apply.
(5) Despite NUL regulation 503, if a licence is granted on an application that does not include the information required by NUL regulation 493(1)(c), 494(1)(c) or 495(b), the licence expires on 1 January 2014 and cannot be renewed.
Note for subregulation (4)
This subregulation does not prevent the licensee applying for a new licence.
(6) Despite NUL Schedule 2, if the application does not include the information required by NUL regulation 493(1)(c), 494(1)(c) or 495(b), the fee payable with the application is:
(a) if the application is made during 2012 – $1 310 or
(b) if the application is made during 2013 – $655.
Until 1 January 2014, a person conducting a business or undertaking is not required to comply with NUL regulation 485(2) or 487(2) if the worker who is directed or allowed to carry out the removal holds, or is supervised by another worker who holds, the requisite asbestos removal licence.
In this Part:
"accepted safety report", means a safety report under Part 7 of NOHSC:1014 that is accepted by the relevant public authority as complying with NOHSC:1014.
"converted major hazard facility" means a facility that becomes a determined major hazard facility under NUL regulation 821.
"DG licence" for a facility, means a licence under Part I, Division 2 of the Dangerous Goods Regulations authorising the storage of Schedule 15 chemicals at the facility.
NOHSC:1014 means the National Standard for Control of Major Hazard Facilities [NOHSC:1014(2002)] as incorporated into the old WHS Regulations by old WHS regulation 168BA.
relevant public authority has the same meaning as it has in NOHSC:1014.
(1) A notification about a facility given under clause 5.1 of NOHSC:1014 before 1 January 2012 is taken to be a notification given by the operator of the facility under NUL regulation 536 or 537.
(2) The giving of that notification is taken to be sufficient compliance by the operator with NUL regulation 536 or 537.
(3) However, if the notification did not include all the information required by NUL regulation 538 to be included in a notification, the operator must provide the additional information to the regulator before 1 July 2012.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(1) If a facility was, immediately before 1 January 2012, classified under clause 5.5 of NOHSC:1014 as a major hazard facility, on 1 January 2012:
(a) the facility becomes a determined major hazard facility; and
(b) the classification becomes a determination made under NUL regulation 542.
(2) If a facility was, immediately before 1 January 2012, classified under clause 5.6 of NOHSC:1014 as a major hazard facility, on 1 January 2012:
(a) the facility becomes a determined major hazard facility; and
(b) the classification becomes a determination made under NUL regulation 541.
(3) If a facility was, immediately before 1 January 2012, classified under clause 5.6 of NOHSC:1014 as not being a major hazard facility, on 1 January 2012 the classification becomes a determination under NUL regulation 541 that the facility is not a major hazard facility.
(4) The determination is taken to have been made when the classification was made.
(5) The determination is subject to any conditions to which the classification was subject immediately before 1 January 2012.
(6) NUL regulation 545(1) and (2) do not apply in relation a determination mentioned in subregulation (1) to (3).
(1) This regulation applies in relation to a converted major hazard facility if, immediately before 1 January 2012, there was an accepted safety report for the facility.
(2) If NUL Part 9.3 applies in relation to the facility, Division 2 of that Part does not apply in relation to the facility.
Note for subregulation (2)
NUL Part 9.3 will not apply if the facility is a licensed major hazard facility.
(3) All hazards and events identified and documented under clause 6.1 of NOHSC:1014 are taken to have been identified and documented under NUL regulation 554.
(4) On 1 January 2012, the documented risk assessment for the facility under clause 6.1 of NOHSC:1014 becomes the safety assessment for the facility as if it had been prepared under NUL regulation 555.
(5) On 1 January 2012, the emergency plans for the facility under clauses 6.2(d) and 9 of NOHSC:1014 become the emergency plan for the facility as if they had been prepared under NUL regulation 557.
(6) On 1 January 2012, the safety management system for the facility under clause 6.3 of NOHSC:1014 becomes the safety management system for the facility as if it had been established under NUL regulation 558.
(7) On 1 January 2012, the accepted safety report for the facility becomes the safety case for the facility as if it had been prepared and given to the regulator under NUL Part 9.3, Division 4.
(8) If a provision of these Regulations requires a document mentioned in this regulation to have been prepared in a particular way or to contain particular information and that requirement did not apply under NOHSC:1014, the provision is not required to be complied with until the next review of risk management for the facility is required under NUL regulation 569.
(9) For the purposes of NUL regulation 569(2)(g), the first review conducted under NUL regulation 569 must be conducted not more than 5 years after the date on which an accepted safety report for the facility was last accepted by the relevant public authority under NOHSC:1014.
(1) This regulation applies in relation to a converted major hazard facility if, immediately before 1 January 2012, there was not an accepted safety report for the facility.
(2) Despite NUL regulation 549(1), the operator of the facility must apply for a major hazard facility licence before 1 January 2014, or any longer period allowed under NUL regulation 549(2).
(3) Despite NUL regulation 560, the operator of the facility must provide the regulator with a completed safety case for the facility within the period within which the operator is required to apply for a major hazard facility licence for the facility.
(1) This regulation applies in relation to a converted major hazard facility if, immediately before 1 January 2012:
(a) there was an accepted safety report for the facility; and
(b) a DG licence was in force for the facility.
(2) On 1 January 2012, the DG licence becomes a major hazard facility licence held by the operator of the converted major hazard facility.
(3) The major hazard facility licence remains in force until the date on which the DG licence would have expired.
(4) The major hazard facility licence is subject to any conditions to which the DG licence was subject immediately before 1 January 2012.
(5) NUL regulation 596(4) does not apply in relation to an application for the renewal of the licence made before 1 January 2013.
(1) This regulation applies in relation to a converted major hazard facility if:
(a) before 1 January 2012, an application was made for the renewal of a DG licence for the facility; and
(b) as at 1 January 2012, that application had not been determined; and
(c) the DG licence becomes a major hazard facility licence under NUL regulation 824 .
(2) On 1 January 2012, the application becomes an application under NUL Part 9.7, Division 3 for the renewal of the major hazard facility licence.
(3) NUL regulation 596 does not apply in relation to the application if it was made in the manner and form required under the Dangerous Goods Regulations .
Note for subregulation (3)
However, if necessary information has not been provided it may be requested by the regulator under NUL regulations 598(a) and 579.
(1) This regulation applies if:
(a) a DG licence for a facility becomes a major hazard facility licence under NUL regulation 824 ; and
(b) an application for the renewal of the major hazard facility licence is made before 1 January 2013; and
(c) the safety case review date for the facility is on or after 1 January 2013.
(2) Despite NUL Schedule 2, the fee payable with the application for renewal is the fee set out in table 826 .
(3) In this regulation:
"safety case review date" means the date 5 years after the date on which an accepted safety report for the facility was last accepted by the relevant public authority under NOHSC:1014.
"tier", for a facility, see Schedule 2.
Table 826
|
Fee | ||||
|---|---|---|---|---|
|
1 |
During 2013 |
$2 000 |
$5 000 |
$9 000 |
|
2 |
During 2014 |
$4 000 |
$10 000 |
$18 000 |
|
3 |
During 2015 |
$6 000 |
$15 000 |
$27 000 |
|
4 |
During 2016 |
$8 000 |
$20 000 |
$36 000 |
(1) This regulation applies if:
(a) a provision of these Regulations (the new provision ) requires a document to be kept for a particular period of time; and
(b) a provision of the old WHS Regulations (the old provision ) required the keeping of a similar document.
(2) The documents required to be kept under the new provision include documents that, immediately before 1 January 2012, were required to be kept under the old provision.
If a provision of this Chapter enables a person to comply with a provision of these Regulations (the new provision ) by ensuring that a provision of the old WHS Regulations (the old provision ) is complied with, anything done for the purposes of compliance with the old provision is taken to have been done for the purposes of compliance with the new provision.
(1) A reference in these Regulations to something done or in force under a corresponding WHS law includes a reference to a thing that is, under an interstate transitional law, taken to be, or continued as, a thing done or in force under the corresponding WHS law.
(2) In this regulation:
"interstate transitional law" means a law of another jurisdiction that makes transitional arrangements consequent on the enactment of a corresponding WHS law.