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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
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(1) The operator must prepare the safety case in accordance with the
safety case outline prepared or altered under this Division.
(2) A safety case must contain the following:
(a) a summary of the identification conducted under
regulation 554, including a list of all major incidents identified;
(b) a summary of the safety assessment conducted under
regulation 555;
(c) a summary of the major hazard facility's emergency plan;
Work Health and Safety (National Uniform Legislation) Regulations 2011 445
(d) a summary of the major hazard facility's safety management
system;
(e) a description of any arrangements made in relation to the
security of the major hazard facility;
(f) a description of the consultation with workers that took place
under regulation 575 in the preparation of the safety case;
(g) the additional matters specified in Schedule 18.
(3) The safety case must include any further information that is
necessary to ensure that all information contained in the safety
case is accurate and up-to-date.
(4) A safety case must demonstrate:
(a) that the major hazard facility's safety management system will,
once implemented, control risks arising from major incidents
(b) the adequacy of the measures to be implemented by the
operator to control risks associated with the occurrence and
potential occurrence of major incidents.
(5) The operator must include in the safety case a signed statement
(a) the information provided under subregulations (1) and (2) is
accurate and up-to-date; and
(b) as a consequence of conducting the safety assessment, the
operator has a detailed understanding of all aspects of risk to
health and safety associated with major incidents that may
occur; and
(c) the control measures to be implemented by the operator:
(i) will eliminate the risk of a major incident occurring, so far
as is reasonably practicable; and
(ii) if it is not reasonably practicable to eliminate the risk of a
major incident occurring – will minimise the risk so far as
is reasonably practicable; and
(iii) in the event of a major incident occurring – will minimise
its magnitude and the severity of its health and safety
consequences so far as is reasonably practicable; and
Work Health and Safety (National Uniform Legislation) Regulations 2011 446
(d) all persons to be involved in the implementation of the safety
management system have the knowledge and skills necessary
to enable them to carry out their role safely and competently.
(6) If the operator is a body corporate, the safety case must be signed
by the most senior executive officer of the body corporate who
resides in the Territory.