535A major hazard facility must be licensed

535 A major hazard facility must be licensed (1) A facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity must be licensed under Part 9.7. See section 41 of the Act. (2) A facility that is determined to be a major hazard facility under regulation 541 must be licensed under Part 9.7. See section 41 of the Act. (3) Despite subregulation (1) or (2), a determined major hazard facility is exempt from the requirement to be licensed during the exemption period if the operator of the major hazard facility is taken to be a suitable person to operate the facility for the purposes of Part 9.2. (4) The operator of a licensed major hazard facility must hold the licence for the major hazard facility.

Work Health and Safety (National Uniform Legislation) Regulations 2011 424 exemption period, in relation to a determined major hazard facility, means the period beginning on the determination of the facility and ending on the first of the following to occur: (a) the revocation of the determination of the facility under regulation 546; (b) the end of the period for applying for a licence given under regulation 549, unless an application for a licence for the facility is made within that period; (c) the grant of a licence for the facility under Part 9.7; (d) if the regulator decides to refuse to grant a licence for the facility: (i) the end of the period for applying for an external review of that decision, unless an application for external review is made within that period; or (ii) the making of the decision on the external review. Notes for regulation 535 1 The licensing process is provided for in Part 9.7. 2 Under Part 9.2, an operator of a determined major hazard facility is taken to be a suitable operator if no determination is made under regulation 543. 3 Under Part 9.3 the operator of a determined major hazard facility is given a limited time to prepare the major hazard facility to be licensed, including by preparing a safety case. 4 Part 9.2 provides for the notification and determination of facilities and operators of facilities. The purpose of notification is to enable the regulator to determine whether: (a) a facility or proposed facility is a major hazard facility; and (b) the operator of a determined major hazard facility is a suitable person to: (i) operate the facility while the determination under paragraph (a) is in force; and (ii) apply for a licence for the facility.

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