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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
689Major hazard facility – regulator to be satisfied about certain
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689 Major hazard facility – regulator to be satisfied about certain
(1) The regulator must not grant an exemption under regulation 688
unless satisfied that:
(a) one or more Schedule 15 chemicals are present or likely to be
present at the facility; and
(b) the quantity of the Schedule 15 chemicals exceeds the
threshold quantity of the Schedule 15 chemicals periodically
because they are solely the subject of intermediate temporary
storage; and
(c) the Schedule 15 chemicals are in one or more containers with
the capacity of each container being not more than a total of
500 kg; and
(d) granting the exemption will result in a standard of health and
safety in relation to the operation of the facility that is at least
equivalent to the standard that would be achieved by
compliance with the relevant provision or provisions.
(2) For the purposes of subregulation (1)(d) the regulator must have
regard to all relevant matters, including whether or not:
(a) the applicant is complying with the Act and these Regulations;
and
(b) the applicant has processes and procedures in place which
will keep the quantity of the Schedule 15 chemical or
chemicals present or likely to be present at or below the
threshold quantity for the Schedule 15 chemical or chemicals
as often as practicable; and
(c) the applicant has implemented adequate control measures to
minimise the risk of a major incident occurring.
Work Health and Safety (National Uniform Legislation) Regulations 2011 500