689Major hazard facility – regulator to be satisfied about certain matters

689 Major hazard facility – regulator to be satisfied about certain matters

(1)  The regulator must not grant an exemption under regulation 688 unless satisfied that –

(a) 1 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 1 or more containers with the capacity of each container being not more than a total of 500 kilograms; 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.