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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
541Determination in relation to facility, on inquiry
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541 Determination in relation to facility, on inquiry
(1) This regulation applies if an inquiry discloses that the quantity of
Schedule 15 chemicals present or likely to be present at a facility or
proposed facility exceeds 10% of their threshold quantity, but does
not exceed their threshold quantity.
Work Health and Safety (National Uniform Legislation) Regulations 2011 429
(2) The regulator may determine the facility or proposed facility to be a
major hazard facility if the regulator considers that there is a
potential for a major incident to occur at the facility or proposed
facility having regard to all relevant matters, including:
(a) the quantity and combination of Schedule 15 chemicals
present or likely to be present at the facility; and
(b) the type of activity at the facility that involves the Schedule 15
chemicals; and
(c) land use and other activities in the surrounding area.
Notes for regulation 541
1 If an inquiry discloses that the quantity of Schedule 15 chemicals present
or likely to be present at a facility exceeds their threshold quantity, the
facility is a major hazard facility. See definition major hazard facility in
regulation 5(1).
2 A determination that a facility is a major hazard facility, or that a proposed
facility is not a major hazard facility, is a reviewable decision (see