This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 September 2016, amend the Health and Safety at Work (Major Hazard Facilities) Regulations 2016 (the principal regulations) by—
exempting munitions storage facilities operated by the Armed Forces from the operation of the principal regulations:
imposing fees for the assessment of safety cases of upper tier major hazard facilities and annual levies for all designated major hazard facilities:
making further amendments clarifying the operation of the designation scheme under Part 2 of the principal regulations.
The amendments to the principal regulations are as follows:
Regulation 5 amends regulation 3(2) by inserting new paragraph (ea) which exempts munitions storage facilities operated by the Armed Forces from the operation of the principal Regulations. The reason for this exemption is that applying the principal Regulations to those facilities could adversely affect public security or national defence as a consequence of the divulgence of sensitive information. Further, there are adequate control measures in place at the facilities to minimise the risk of a major incident occurring.
Regulation 6 inserts new regulation 11A to clarify the requirement for designation. New regulation 11A provides that facilities with an inventory of specified hazardous substances that equals or exceeds the lower threshold must be designated.
Regulation 7 amends regulation 12 to clarify that the purpose of notification is to obtain designation of the facility. New subclause (1) restates current regulation 12(1) but limits its operation to facilities existing on 4 April 2016. New subclause (1A) makes clear that the notification provisions apply to under-threshold facilities that might in the future be developed into over-threshold facilities.
Regulation 9 amends regulation 22 by clarifying the link between designation conditions and the authorisation scheme in subpart 2 of Part 5 of the Act and providing that giving notification under new regulation 74 is one of those conditions.
Regulation 10 amends regulation 45 by providing that a safety case given to WorkSafe must be accompanied by the safety case assessment fee required by new regulation 70.
Regulation 12 amends regulation 52 by providing that a revised safety case given to WorkSafe must be accompanied by the relevant safety case assessment fee.
Regulation 15 inserts new regulations 70 to 74, which relate to safety case assessment fees and annual levies.
New regulation 70 imposes fees for the assessment of safety cases and revised safety cases for upper tier major hazard facilities (as designated). The fees vary for a number of defined types of facility and are set out in Parts 1 and 2 of new Schedule 8. A discounted fee is prescribed for additional facilities operated by the same person under safety management systems that are substantially the same.
New regulation 71 allows WorkSafe to refund a safety case assessment fee if the safety case is withdrawn by the facility operator.
New regulation 72 imposes an annual levy on all major hazard facilities (as designated). The levy amounts vary according to types of facility and are set out in Part 3 of new Schedule 8. For the first year of a facility’s operation, the levy is calculated by WorkSafe according to a stated formula. The timing of payment is provided for, but the operator may request an extension of time. Unpaid levy is recoverable by WorkSafe as a debt.
New regulation 73 requires the Minister to review the amounts of the new fees and levies within 5 years after the commencement of these amendment regulations.
New regulation 74 requires a facility operator to notify WorkSafe of certain changes at the facility. New regulation 74(1) requires the operator of a major hazard facility to notify WorkSafe of changes to the use of specific hazardous substances, if such a change results in the facility being of a different type, for which a different annual levy is payable. New regulation 74(2) requires the operator of a proposed facility, who has given notification under regulation 13, to notify WorkSafe if the inventory of specified hazardous substances equals or exceeds the lower threshold.
Regulation 17 inserts new Schedule 8 in the principal regulations, stating that the new schedule is set out in Schedule 2 of these regulations.
Schedule 1 sets out new Part 2 of Schedule 1 of the principal regulations. Part 2 contains transitional provisions relating to these amending regulations. Clause 4 of the new Part provides that the requirement for designation in new regulation 11A does not apply to existing facilities for which late notification was given under regulation 12 until they are designated. Clause 5 exempts from annual levy in the first year of operation facilities that were designated before the commencement of these regulations.
Schedule 2 sets out new Schedule 8 of the principal regulations. New Schedule 8 defines a number of types of facility, for the purpose of the schedule, and sets out the safety case assessment fees for upper tier major hazard facilities in Part 1 (new safety case) and Part 2 (revised safety case). The amounts of annual levy for all designated major hazard facilities are set out in Part 3.
Regulatory impact statement
The Ministry of Business, Innovation and Employment produced a regulatory impact statement on 15 June 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 28 July 2016.
These regulations are administered by the Ministry of Business, Innovation, and Employment.