Health and Safety at Work (Hazardous Substances) Regulations 2017

42 Existing stationary container systems

(1)

A PCBU with management or control of an existing stationary container system must comply with—

(a)

the following:

(i)

a compliance plan—

(A)

approved under clause 44(1); or

(B)

continued under clause 44(4); and

(ii)

those provisions of Part 17 that are—

(A)

not covered by the plan approved under clause 44; or

(B)

equivalent to the corresponding requirements not covered by the plan continued under clause 44(4); and

(iii)

those provisions of subparts 16 and 17 of Part 17 that apply to any repair, alteration, or maintenance performed on an existing stationary container system; or

(b)
(c)

requirements in a relevant safe work instrument.

(2)

A safe work instrument approved for the purposes of subclause (1)(c) may modify a provision of Part 17, other than a provision referred to in subclause (1)(a)(iii).

(3)

A PCBU who contravenes a compliance plan commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

(4)

In subclause (2), modify means—

(a)

to vary, replace, or delete a requirement in a provision; or

(b)

to provide an alternative means of complying with a requirement in a provision.

(5)

In this clause and clauses 43 to 45, existing stationary container system means a stationary container system to which Part 17 applies and that—

(a)

was being used to contain a hazardous substance immediately before 1 July 2006 and has been or is being used for the same purpose on and after that date; or

(b)

immediately before 1 July 2006, was being constructed to contain a hazardous substance in accordance with its design and, after that date, has been or is being used for the purpose for which it was designed.

Compare: Gazette 2004, pp 882, 883, Schedule 8, clauses 100, 102

Schedule 1 clause 42(1): amended, on 1 December 2017, by regulation 54 of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2017 (LI 2017/285).

Schedule 1 clause 42(3): amended, on 1 December 2017, by regulation 54 of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2017 (LI 2017/285).