535A major hazard facility must be licensed

535 A 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.

Note—

See the Act, section 41.

(2) A facility that is determined to be a major hazard facility under section 541 must be licensed under Part 9.7.

Note—

See the Act, section 41.

(3) Despite subsection (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 Part 9.2.

(4) The operator of a licensed major hazard facility must hold the licence for the major hazard facility.

(5) In this section—

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 section 546,

(b) the end of the period for applying for a licence given under section 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—