756Existing major hazard facility

756  Existing major hazard facility  (1) This regulation applies to a facility that, immediately before 1 January 2012, was a major hazard facility under Division 9.2 of the OHS Regulations.  (2) On 1 January 2012, the facility is taken to be a determined major hazard facility under these Regulations.  (3) However, subregulation (4) applies if, Schedule 15 chemicals are not present or likely to be present at the facility in a quantity that exceeds 10% of their threshold quantity.  (4) The facility is taken not to be a determined major hazard facility under these Regulations.  (5) The duties imposed on the operator of the facility under Part 9.7 to make an application for a major hazard facility licence for the facility do not apply until the later of:  (a) 2 years after the facility was classified as a major hazard facility under Division 9.2 of the OHS Regulations; and  (b) 1 January 2012.