Health and Safety at Work (Major Hazard Facilities) Regulations 2016

Schedule 2, table 2, item 36 corrected on 7 May 2021 under section 25(1)(j)(i) of the Legislation Act 2012.

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Reprint as at 1 December 2017

Health and Safety at Work (Major Hazard Facilities) Regulations 2016

(LI 2016/14)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 15th day of February 2016

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

These regulations are made under sections 24(1)(m), 211, 212, 213, 215, and 218 of the Health and Safety at Work Act 2015—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Workplace Relations and Safety made after complying with sections 217 and 219 of that Act.

Enacting statement: amended, on 1 September 2016, by regulation 4 of the Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2016 (LI 2016/174).

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Application
	Interpretation
4	Interpretation
5	Meaning of specified hazardous substances
6	Meaning of table 1 or 2 hazardous substances
7	Meaning of lower threshold quantity
8	Meaning of upper threshold quantity
9	Meaning of major incident
10	Meaning of operator
	Transitional, savings, and related provisions
11	Transitional, savings, and related provisions
	Part 2 Notification, designation, and exemption of major hazard facilities
	Notification process
11A	Authorisation of certain facilities
12	Duty of operators to notify WorkSafe
13	Duty of operators of proposed facilities to notify WorkSafe
14	Content of notification
15	WorkSafe must assess notification, make a decision, and notify operator of decision
16	WorkSafe may conduct review of facility
17	Duty to notify WorkSafe of proposed change in operator
18	Suitability of operator
	Designation process
19	Mandatory designation as major hazard facility
20	Discretionary designation of lower tier major hazard facility as upper tier major hazard facility
21	Certificate and effect of designations and decisions
22	Conditions on designations of major hazard facilities
23	Revocation of designation as major hazard facility or decision as to suitability of operator
24	Renotification if quantity of specified hazardous substances increases
	Prescribed requirements for exemptions
25	Prescribed requirements for WorkSafe granting exemption
	Part 3 Specified hazardous substances thresholds
26	Specified hazardous substances
27	Threshold quantity of 1 specified hazardous substance
28	Threshold quantity of more than 1 specified hazardous substance
29	Exclusions in calculating quantity of specified hazardous substances
	Part 4 Duties of operators
	Subpart 1—Duties of all major hazard facility operators
	Control measures
30	Duty to implement control measures
	Requirements for emergency plans
31	Duty to prepare emergency plan
32	Duty to test emergency plan
	Declaration of notifiable incidents
33	Declaration of notifiable incidents
	Duty to notify notifiable incidents
34	Duty to notify notifiable incidents
	Ongoing review
35	Duty to undertake ongoing review
	Subpart 2—Duty of lower tier major hazard facility operators
36	Duty to prepare, retain, and implement major accident prevention policy by establishing safety management system
37	Duty to retain records of major accident prevention policy
	Subpart 3—Duties of upper tier major hazard facility operators
38	Duty to conduct safety assessment
39	Duty to establish and implement safety management system
	Part 5 Design notices and safety cases for upper tier major hazard facilities
	Subpart 1—Requirements for design notice
40	Duty to give design notice
41	Duty to review documents instead of giving design notice
42	Obligations of WorkSafe on receipt of design notice
	Subpart 2—Requirements of safety case
	General requirements
43	Prohibition on operating upper tier major hazard facility without accepted safety case
44	WorkSafe may extend time for lodging safety case
45	Duty to prepare safety case
46	Co-ordination of safety cases for multiple facilities
	Consideration of and decisions on safety cases
47	WorkSafe may request further information
48	WorkSafe must notify operator of decision
49	Criteria for acceptance of safety case
50	WorkSafe may impose limitations or conditions on safety case
51	WorkSafe may reject safety case
	Revision of safety cases
52	Duty to revise safety case in certain situations
53	WorkSafe may request revised safety case
54	Duty to give revised safety case within 5 years
55	Decision on revised safety case
	Withdrawal of acceptance of safety cases
56	WorkSafe may withdraw acceptance of safety case
	Compliance with safety case requirements
57	Duty to ensure compliance with safety case requirements
58	WorkSafe may consent to operator conducting activity otherwise than in accordance with safety case
	Record-keeping requirements
59	Duty to retain records of safety case
	Part 6 Reviews and appeals
60	Decisions subject to review under these regulations
61	Process for applying for review
62	WorkSafe to acknowledge receipt of review application
63	Review decision
64	Appeal to District Court
	Part 7 Miscellaneous provisions
	General requirements
65	Duty to engage with workers
66	Duty to provide general information for local community
	Notification requirement following major incident
67	Duty to notify local community and local authority in event of major incident
	Duty of WorkSafe to provide information to public
68	Duty of WorkSafe to provide information to public
69	WorkSafe may require operator to provide further information
	Fees and levies
70	Fees for safety case assessment
71	WorkSafe may refund safety case assessment fee
72	Payment of annual levy
73	Review of fees and annual levies
74	Duty to notify of certain changes to major hazard facility
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Specified hazardous substances
	Schedule 3 Matters to be included in emergency plan of major hazard facility
	Schedule 4 Information required in notice of notifiable incident in major hazard facility
	Schedule 5 Requirements of safety management system of major hazard facility
	Schedule 6 Information required in design notice for upper tier major hazard facility
	Schedule 7 Information required in safety case for upper tier major hazard facility
	Schedule 8 Fees and levies
	Gazette Information
	Reprint notes

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Health and Safety at Work (Major Hazard Facilities) Regulations 2016

Health and Safety at Work (Major Hazard Facilities) Regulations 2016

Order in Council

Note

(a)

(b)

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