Occupational Health and Safety (Major Hazard Facilities) (Amendment) Regulations 2002

i Occupational Health and Safety (Major Hazard Facilities) (Amendment) Regulations 2002 S.R. No. 20/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 2 4. Principal Regulations 2 5. Application of Parts 3, 5 and 9 2 6. Application for review of decision 2 7. Expiry of registration 2 709. Expiry of registration 2 8. Application for licence 4 9. Grant of licence 4 10. Amendment to Schedule 5 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2002 S.R. No. 20/2002 Occupational Health and Safety Act 1985 Dangerous Goods Act 1985 Occupational Health and Safety (Major Hazard Facilities) (Amendment) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 26 March 2002 Responsible Minister: BOB CAMERON Minister for WorkCover HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000— (a) to extend the duration of certain major hazard facility registrations; and (b) to increase, in certain circumstances, the time in which the Authority may consider an application for a major hazard facility licence. 2. Authorising provisions (1) This regulation and regulations 1, 3, 4 and 5 are made under section 59 of the Occupational Health and Safety Act 1985 and section 52 of the Dangerous Goods Act 1985. -- 2 of 7 -- S.R. No. 20/2002 Occupational Health and Safety (Major Hazard Facilities) (Amendment) Regulations 2002 2 (2) Regulations 6, 7, 8, 9 and 10 are made under section 59 of the Occupational Health and Safety Act 1985. 3. Commencement These Regulations come into operation on 31 March 2002. 4. Principal Regulations In these Regulations, the Occupational Health and Safety (Major Hazard Facilities) Regulations 20001 are called the Principal Regulations. 5. Application of Parts 3, 5 and 9 Regulation 107(3) of the Principal Regulations is revoked. 6. Application for review of decision In regulation 202(8) of the Principal Regulations, for "apply" substitute "apply, on or before the effective date specified under sub-regulation (6)(c),". 7. Expiry of registration (1) For regulation 709 of the Principal Regulations substitute— '709. Expiry of registration (1) Registration under this Part expires on the expiry date unless— (a) a licence is granted, in which case registration expires on the date specified by the licence as the date on which its grant is effective; (b) the Authority decides to refuse to grant a licence and no application is made to the Victorian Civil and Administrative Tribunal for a review of the decision, in which case registration expires on the r. 3 -- 3 of 7 -- S.R. No. 20/2002 Occupational Health and Safety (Major Hazard Facilities) (Amendment) Regulations 2002 3 date specified in the notification of the refusal as the date on which the decision to refuse to grant the licence takes effect; (c) the Authority decides to refuse to grant a licence and an application is made to the Victorian Civil and Administrative Tribunal for a review of the decision, in which case registration expires 30 days after the day on which the decision that results from the review is made. (2) In sub-regulation (1), "expiry date" means— (a) in the case of a major hazard facility that is registered under regulation 707(1), the end of whichever of the following periods applies— (i) 30 months after 1 July 2000; (ii) a shorter period specified in a notice under sub-regulation (3); (iii) if a period is specified in a notice under regulation 803(2)(b), 36 months after 1 July 2000; (b) in the case of a major hazard facility that is registered under regulation 707(2) or (3), the end of whichever of the following periods applies— (i) 30 months after the date of registration; (ii) a shorter period specified in a notice under sub-regulation (3); (iii) if a period is specified in a notice under regulation 803(2)(b), 36 months after the date of registration. r. 7 -- 4 of 7 -- S.R. No. 20/2002 Occupational Health and Safety (Major Hazard Facilities) (Amendment) Regulations 2002 4 (3) For the purposes of sub-regulation (2), the Authority may by notice to the operator specify a shorter period after which registration will expire if the Authority is of the opinion that the operator is able to— (a) prepare a Safety Case in accordance with Part 4; and (b) satisfy the Authority as to the other matters specified in regulation 803(1).'. 8. Application for licence For regulation 802(3) of the Principal Regulations substitute— "(3) If a licence is sought for a registered major hazard facility, the application must be made— (a) in the case of a major hazard facility that is registered under regulation 707(1), within 24 months after 1 July 2000; (b) in the case of a major hazard facility that is registered under regulation 707(2) or (3), within 24 months after the date of registration.". 9. Grant of licence For regulation 803(2) of the Principal Regulations, substitute— "(2) Notification under sub-regulation (1) must be given— (a) within 6 months after the date of the application; or (b) if the Authority considers that, in the circumstances, more than 6 months is necessary to decide whether it is r. 8 -- 5 of 7 -- S.R. No. 20/2002 Occupational Health and Safety (Major Hazard Facilities) (Amendment) Regulations 2002 5 satisfied as to the matters referred to in sub-regulation (1), within a period— (i) not exceeding 12 months after the date of the application; and (ii) specified by notice to the applicant before the expiry of 6 months after the date of the application; or (c) if the Authority decides to refuse to grant a licence and an application is made to the Victorian Civil and Administrative Tribunal for a review of the decision, on the day on which the decision is made as a result of the review that a licence should be granted.". 10. Amendment to Schedule 5 In clause 1 of Schedule 5 to the Principal Regulations, for "Part 7" substitute "Part 8". ═══════════════ r. 10 -- 6 of 7 -- S.R. No. 20/2002 Occupational Health and Safety (Major Hazard Facilities) (Amendment) Regulations 2002 6 ENDNOTES 1 Reg. 4: S.R. No. 50/2000. Endnotes -- 7 of 7 --