Health and Safety at Work (Hazardous Substances) Regulations 2017

44 Existing stationary container systems: approval of compliance plans

(1)

WorkSafe must, as soon as practicable after receiving a compliance plan under clause 43,—

(a)

approve the plan; or

(b)

decline to approve the plan.

(2)

If WorkSafe declines to approve a compliance plan,—

(a)

WorkSafe must advise the PCBU who gave the plan to WorkSafe of the reasons for declining to approve it; and

(b)

WorkSafe and that PCBU must attempt to agree on amendments to the plan that WorkSafe considers will allow it to approve the compliance plan.

(3)

If WorkSafe and the PCBU agree on amendments to the compliance plan within 20 working days after the date on which WorkSafe advised its reasons for declining to approve the plan, or any further period that WorkSafe allows, WorkSafe must approve the plan with those amendments.

(4)

A compliance plan approved under clause 102 of Schedule 8 of the 2004 Transfer Notice and in force immediately before the commencement date—

(a)

continues in force on and after that date for the balance of the period (if any) for which it was approved; and

(b)

must be treated as an equivalent compliance plan approved under this clause.

(5)

WorkSafe and the PCBU may from time to time agree on amendments to a compliance plan that has been—

(a)

approved under subclause (1); or

(b)

continued under subclause (4).

Compare: Gazette 2004, p 883, Schedule 8, clause 102