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

Schedule 1 Transitional, savings, and related provisions

rr 11, 43

Part 1 Provisions relating to regulations as made

1 Transitional provision for Part 4

(1)

An operator of an existing facility that contains hazardous substances that exceed the lower threshold quantities is not required to comply with the requirements of Part 4 until 4 April 2018.

(2)

Despite subclause (1), regulation 34 applies to the operator of a major hazard facility only from the date on which WorkSafe notifies the operator that the facility is a major hazard facility.

2 Transitional provision for Part 5

(1)

The operator of an existing upper tier major hazard facility must give WorkSafe a completed safety case—

(a)

no earlier than 4 December 2016; but

(b)

no later than 4 April 2018.

(2)

As soon as practicable after receiving a safety case or an amended safety case, WorkSafe must—

(a)

accept the safety case; or

(b)

accept the safety case subject to conditions or limitations; or

(c)

initially reject the safety case; or

(d)

in the case of an amended safety case, finally reject the safety case.

(3)

WorkSafe must as soon as practicable after making a decision about a safety case or an amended safety case notify the operator in writing of that decision.

(4)

If WorkSafe is unable to make a decision about a safety case or an amended safety case within a reasonable amount of time after receiving it, WorkSafe must—

(a)

notify the operator in writing of that fact as soon as practicable; and

(b)

give the operator a proposed timetable for WorkSafe’s consideration of, and decision on, the safety case or amended safety case.

(5)

WorkSafe must accept or finally reject the safety case no later than 4 April 2021.

(6)

Regulation 43 applies to the operator subject to WorkSafe accepting or finally rejecting the safety case.

(7)

If this clause applies, regulation 48 does not apply.

Compare: SR 2013/208 r 43

Part 2 Provisions relating to Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2016

Schedule 1 Part 2: inserted, on 1 September 2016, by regulation 16 of the Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2016 (LI 2016/174).

3 Interpretation

In this Part, commencement date means 1 September 2016.

4 Existing facilities not yet designated

(1)

This clause applies to—

(a)

a facility for which notification was given under regulation 12(1) as in force immediately before the commencement date, but which has not yet been designated; and

(b)

a facility to which regulation 12(1) applies where the operator has not given notification in time to comply with that provision.

(2)

Regulation 11A does not apply to the facility between the date of notification and the date on which designation of the facility takes effect (as stated in a certificate under regulation 21).

5 Levy for major hazard facility already designated

(1)

This clause applies to an existing major hazard facility the designation of which takes effect (as stated in a certificate under regulation 21) before the commencement date.

(2)

The calculation under regulation 72(6) of the amount of levy payable in the first year of operation of the major hazard facility must not take into account the period before the commencement date during which the facility was designated.