Health and Safety at Work (Major Hazard Facilities) Regulations 2016

Reprint as at 1 December 2017

Coat of Arms of New Zealand

Health and Safety at Work (Major Hazard Facilities) Regulations 2016

(LI 2016/14)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 15th day of February 2016

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

These regulations are made under sections 24(1)(m), 211, 212, 213, 215, and 218 of the Health and Safety at Work Act 2015—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Workplace Relations and Safety made after complying with sections 217 and 219 of that Act.

Enacting statement: amended, on 1 September 2016, by regulation 4 of the Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2016 (LI 2016/174).

Contents

1Title
2Commencement
3Application
4Interpretation
5Meaning of specified hazardous substances
6Meaning of table 1 or 2 hazardous substances
7Meaning of lower threshold quantity
8Meaning of upper threshold quantity
9Meaning of major incident
10Meaning of operator
11Transitional, savings, and related provisions
11AAuthorisation of certain facilities
12Duty of operators to notify WorkSafe
13Duty of operators of proposed facilities to notify WorkSafe
14Content of notification
15WorkSafe must assess notification, make a decision, and notify operator of decision
16WorkSafe may conduct review of facility
17Duty to notify WorkSafe of proposed change in operator
18Suitability of operator
19Mandatory designation as major hazard facility
20Discretionary designation of lower tier major hazard facility as upper tier major hazard facility
21Certificate and effect of designations and decisions
22Conditions on designations of major hazard facilities
23Revocation of designation as major hazard facility or decision as to suitability of operator
24Renotification if quantity of specified hazardous substances increases
25Prescribed requirements for WorkSafe granting exemption
26Specified hazardous substances
27Threshold quantity of 1 specified hazardous substance
28Threshold quantity of more than 1 specified hazardous substance
29Exclusions in calculating quantity of specified hazardous substances
30Duty to implement control measures
31Duty to prepare emergency plan
32Duty to test emergency plan
33Declaration of notifiable incidents
34Duty to notify notifiable incidents
35Duty to undertake ongoing review
36Duty to prepare, retain, and implement major accident prevention policy by establishing safety management system
37Duty to retain records of major accident prevention policy
38Duty to conduct safety assessment
39Duty to establish and implement safety management system
40Duty to give design notice
41Duty to review documents instead of giving design notice
42Obligations of WorkSafe on receipt of design notice
43Prohibition on operating upper tier major hazard facility without accepted safety case
44WorkSafe may extend time for lodging safety case
45Duty to prepare safety case
46Co-ordination of safety cases for multiple facilities
47WorkSafe may request further information
48WorkSafe must notify operator of decision
49Criteria for acceptance of safety case
50WorkSafe may impose limitations or conditions on safety case
51WorkSafe may reject safety case
52Duty to revise safety case in certain situations
53WorkSafe may request revised safety case
54Duty to give revised safety case within 5 years
55Decision on revised safety case
56WorkSafe may withdraw acceptance of safety case
57Duty to ensure compliance with safety case requirements
58WorkSafe may consent to operator conducting activity otherwise than in accordance with safety case
59Duty to retain records of safety case
60Decisions subject to review under these regulations
61Process for applying for review
62WorkSafe to acknowledge receipt of review application
63Review decision
64Appeal to District Court
65Duty to engage with workers
66Duty to provide general information for local community
67Duty to notify local community and local authority in event of major incident
68Duty of WorkSafe to provide information to public
69WorkSafe may require operator to provide further information
70Fees for safety case assessment
71WorkSafe may refund safety case assessment fee
72Payment of annual levy
73Review of fees and annual levies
74Duty to notify of certain changes to major hazard facility
Gazette Information
Reprint notes