535A 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 section 41 of the Act. |

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

| Note | | See section 41 of the Act. |

(3)  Despite subregulation (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 the purposes of Part 9.2 .

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

(5)  In this regulation, 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 regulation 546 ;

(b) the end of the period for applying for a licence given under regulation 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 | | | 1. | The licensing process is provided for in Part 9.7 . | | 2. | Under Part 9.2 , an operator of a determined major hazard facility is taken to be a suitable operator if no determination is made under regulation 543 . | | 3. | Under Part 9.3 the operator of a determined major hazard facility is given a limited time to prepare the major hazard facility to be licensed, including by preparing a safety case. | | 4. | Part 9.2 provides for the notification and determination of facilities and operators of facilities. The purpose of notification is to enable the regulator to determine whether – | | | (a) a facility or proposed facility is a major hazard facility; and | | | (b) the operator of a determined major hazard facility is a suitable person to – | | | (i) operate the facility while the determination under paragraph (a) is in force; and | | | (ii) apply for a licence for the facility. |