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.
51 WorkSafe may reject safety case

(1)

WorkSafe may initially reject a safety case if the safety case does not meet the criteria set out in regulation 49.

(2)

If WorkSafe initially rejects a safety case, WorkSafe must—

(a)

notify the operator of the reasons for the decision; and

(b)

give the operator a reasonable opportunity to amend the safety case and resubmit it for acceptance.

(3)

If the operator gives WorkSafe an amended safety case, WorkSafe must—

(a)

accept the safety case, if WorkSafe is satisfied that it meets all the criteria set out in regulation 49; or

(b)

if it does not meet those criteria, finally reject the safety case.

(4)

If WorkSafe accepts the amended safety case, WorkSafe may impose limitations or conditions in accordance with regulation 50.

(5)

WorkSafe may finally reject a safety case, without complying with subclause (2), if the operator is prohibited from acting as an operator of a facility or proposed facility under regulation 18(6).

(6)

To avoid doubt, the fact that WorkSafe has finally rejected a safety case for an upper tier major hazard facility does not prevent the operator from giving WorkSafe a new safety case for that facility in accordance with regulation 45.

Compare: SR 2013/208 r 33

Regulation 51(5): amended, on 15 May 2017, by regulation 4 of the Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2017 (LI 2017/60).