Health and Safety at Work (Hazardous Substances) Regulations 2017

43 Existing stationary container systems: preparation of compliance plans

(1)

For the purposes of clause 42, a PCBU with management or control of an existing stationary container system must engage a compliance certifier to assess and report on the extent to which the system complies with Part 17.

(2)

If the compliance certifier determines that the system does not comply with Part 17, the PCBU must give WorkSafe a compliance plan setting out—

(a)

the compliance certifier’s view, based on the information available to the compliance certifier, of the extent to which the existing stationary container system has been maintained and repaired to conform to the standard to which it was constructed and installed; and

(b)

how, and the time within which, the system or its operational procedures will be altered so that the system complies with—

(i)

the standard to which it was constructed and installed; or

(ii)

Part 17; or

(iii)

variations to the requirements of subparts 1 to 16 of Part 17.

(3)

A compliance plan for a stationary container system must—

(a)

be in the form required by WorkSafe (if any); and

(b)

be accompanied by the fee (if any) prescribed in Schedule 2.

Compare: Gazette 2004, pp 882, 883, Schedule 8, clause 101

Schedule 1 clause 43(2)(b)(iii): amended, on 1 December 2017, by regulation 54 of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2017 (LI 2017/285).