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

66 Duty to provide general information for local community

(1)

The operator of an upper tier major hazard facility must take reasonable steps to provide the following information to the local community and the relevant local authority:

(a)

the name of the operator and location of that facility; and

(b)

the name, position, and contact details of a person from whom information about that facility may be requested; and

(c)

a general description of that facility’s operation; and

(d)

the means by which the local community will be informed of any major incident at that facility; and

(e)

the actions, as specified in that facility’s emergency plan, that members of the local community should take if a major incident occurs; and

(f)

a summary of the safety case for that facility.

(2)

The operator must ensure that the information provided under subclause (1) is—

(a)

set out and expressed in a way that is understandable to persons who are not familiar with the upper tier major hazard facility and its operations; and

(b)

reviewed and as necessary revised if a modification is made to the upper tier major hazard facility; and

(c)

provided in a format that is readily accessible to the local community to enable the local community to be aware of the information; and

(d)

provided within 3 months of WorkSafe accepting a safety case.

(3)

In complying with subclause (1), the operator is not required to disclose information that may lead to a threat to the security of the upper tier major hazard facility.

(4)

An operator of an upper tier major hazard facility who receives a written request from a person who reasonably believes that the occurrence of a major incident at that facility may adversely affect his or her health and safety must give that person a copy of all the information provided to the local community under this regulation.

(5)

An operator who contravenes any of subclauses (1), (2), and (4) 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.

Compare: Model Work Health and Safety Regulations (Aust) r 572