366Effect of determination

366 Effect of determination

A facility in respect of which a determination is made under this Division is taken to be registered as a major hazard facility under
Part 6.2 (Registration) from the date on which the determination takes effect.

Division 5—Duties of operator of a registered major hazard facility

367 Outline of safety case

(1) The operator of a registered major hazard facility must, within 90 days of the commencement of the registration of the facility, provide the Authority with an outline for the safety case (safety case outline) the operator proposes to include with its major hazard facility licence application under Part 6.1 (Licences).

(2) The safety case outline must include—

(a) a detailed written program and time frame for the preparation of the safety case, with specific reference being made to each of the matters required by regulation 385 to be included in a safety case; and

(b) details of the scope of consultation that will be undertaken when preparing the safety case; and

(c) a draft of the emergency plan the operator proposes to include in the safety case.

(3) If the Authority is of the opinion that the safety case outline would not produce a safety case that meets the requirements of Division 8, the Authority may require amendments to be made to the safety case outline.

(4) The Authority must not require the operator to make any amendments to the safety case outline unless the Authority has—

(a) by written notice informed the operator of the proposed amendments; and

(b) invited the operator to make written submissions within 14 days of the date of the notice; and

(c) considered any submissions that are made.

(5) The operator must make any amendments to the safety case outline required by the Authority under subregulation (3).

(6) The operator must provide the Authority with a safety case outline amended under this regulation, or amended by the operator on the operator's own initiative, as soon as reasonably possible after the amendments are made.

(7) The operator of a registered major hazard facility must comply with the safety case outline provided to the Authority under this regulation.

(8) If the safety case outline has been amended under this regulation, the operator must comply with the outline as so amended.

Division 6—Safety duties of operators