Health and Safety at Work (Hazardous Substances) Regulations 2017

13.38 Compliance certificate required for hazardous substance location

(1)

A PCBU with management or control of a hazardous substance location where more than the following quantities of hazardous substance, in solid or liquid form in the following hazard classifications, are present must ensure that the location has a current compliance certificate that certifies compliance with the requirements specified in regulation 13.34:

(a)

50 kg or 50 L of class 6.1A:

(b)

250 kg or 250 L of class 6.1B:

(c)

1 000 kg or 1 000 L of class 6.1C:

(d)

50 kg or 50 L of class 8.2A:

(e)

250 kg or 250 L of class 8.2B:

(f)

the quantity and the hazard classification of the substance specified in a relevant safe work instrument.

(2)

A PCBU must ensure that the compliance certificate is renewed at intervals not exceeding 36 months.

(3)

If there is a requirement to obtain more than 1 compliance certificate,—

(a)

the compliance certifier may, at the request of the person or persons required to obtain the compliance certificates, examine at the same time any or all of those matters that require compliance certification for which the certifier is competent to certify; and

(b)

if more than 1 matter has been examined, the report provided by the certifier must indicate whether the respective requirements have been met and must give the reasons for any failure to meet those requirements; and

(c)

a single compliance certificate may be issued for any or all of those matters if the requirements have been met.

(4)

In relation to a hazardous substance location situated on a farm of not less than 4 ha, subclause (1) applies if—

(a)

the quantity of each class 6.1A substance present at the location exceeds 100 kg or 100 L; or

(b)

the quantity of each class 6.1B substance present at the location exceeds 500 kg or 500 L; or

(c)

the quantity of each class 6.1C substance present at the location exceeds 3 500 kg or 3 500 L; or

(d)

the quantity of each class 8.2A substance present at the location exceeds 500 kg or 500 L; or

(e)

the quantity of each class 8.2B substance present at the location exceeds 3 500 kg or 3 500 L; or

(f)

the quantity of each substance specified in a relevant safe work instrument present at the location exceeds the quantity specified in the instrument.

(5)

Despite subclauses (1) and (4), a relevant safe work instrument may, for a hazardous substance location that contains a substance described in regulation 13.34(1)(f), provide that the location is not required to have a current compliance certificate.

(6)

A PCBU who contravenes this regulation 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.