A major hazard facility must be licensed—Act, s 41
535 A major hazard facility must be licensed—Act, s 41
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 (Licensing of major hazard facilities).
Note See the Act, s 41 (Requirements for authorisation of workplaces).
A facility that is determined to be a major hazard facility under section 541 (Determination in relation to facility, on inquiry) must be licensed under part 9.7 (Licensing of major hazard facilities).
Note See the Act, s 41 (Requirements for authorisation of workplaces).
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 the purposes of part 9.2 (Determinations about major hazard facilities).
The operator of a licensed major hazard facility must hold the licence for the major hazard facility.
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:
the revocation of the determination of the facility under section 546 (When regulator may revoke a determination);
the end of the period for applying for a licence given under section 549 (Time in which major hazard facility licence must be applied for), unless an application for a licence for the facility is made within that period;
the grant of a licence for the facility under part 9.7 (Licensing of major hazard facilities);
if the regulator decides to refuse to grant a licence for the facility—
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
the making of the decision on the external review.
Note 1 The licensing process is provided for in pt 9.7.
Note 2 Under pt 9.2, an operator of a determined major hazard facility is taken to be a suitable operator if no determination is made under s 543.
Note 3 Under pt 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.
Note 4 Pt 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 facility or proposed facility is a major hazard facility; and
the operator of a determined major hazard facility is a suitable person to—
operate the facility while the determination under paragraph (a) is in force; and
apply for a licence for the facility.
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