600

600 Transfer of major hazard facility licence (1) The regulator, on the application of the operator of a major hazard facility, may transfer a major hazard facility licence to another person who is to become the operator of the major hazard facility, if satisfied that the proposed operator will achieve a standard of health and safety in the operation of the facility that is at least

Work Health and Safety (National Uniform Legislation) Regulations 2011 471 equivalent to the standard that the current operator has achieved. (2) An application must be: (a) made in the manner and form required by the regulator; and (b) accompanied by the relevant fee. (3) The regulator may transfer the licence subject to any conditions that the regulator considers necessary and appropriate to ensure that the new operator will be able to achieve a standard of health and safety in the operation of the facility that is at least equivalent to the standard achieved by the existing operator. (4) On the completion of the transfer, the person to whom the licence is transferred becomes the operator of the major hazard facility for the purposes of this Chapter. Notes for regulation 600 1 A decision to refuse to transfer a major hazard facility licence is a Division 5 Suspension and cancellation of major hazard facility licence 601 Cancellation of major hazard facility licence – on operator's application (1) The operator of a licensed major hazard facility may apply to the regulator to cancel the licence. (2) An application must be: (a) made in the manner and form required by the regulator; and (b) accompanied by the relevant fee. (3) The regulator must conduct an inquiry into the inventory and operations of the facility before deciding on an application to cancel a licence. (4) The regulator must cancel a major hazard facility licence if: (a) the quantity of Schedule 15 chemicals present or likely to be present at the facility does not exceed their threshold quantity; and (b) it is unlikely that a major incident will occur at the facility.

Work Health and Safety (National Uniform Legislation) Regulations 2011 472 (5) If the regulator, under this regulation, cancels the licence of a facility that was determined to be a major hazard facility under Part 9.2, the regulator must revoke the determination. Notes for regulation 601 1 A decision to refuse to cancel a licence is a reviewable decision (see 602 Suspension or cancellation of licence – on regulator's initiative (1) The regulator, on its own initiative, may suspend or cancel a major hazard facility licence if satisfied about one or more of the following: (a) the operator has failed to ensure that the facility is operated safely and competently; (b) the operator has failed to ensure compliance with a condition of the licence; (c) the operator, in the application for the grant or renewal of the licence or on request by the regulator for additional been given in that application or on that request. (2) If the regulator suspends or cancels a major hazard facility licence, the regulator may disqualify the operator from applying for a further major hazard facility licence. Note for regulation 602 A decision to suspend a licence, to cancel a licence or to disqualify the operator from applying for a further licence is a reviewable decision (see regulation 676).