Health and Safety at Work (Hazardous Substances) Regulations 2017

51 Existing applications for approvals, certificates, and other matters

(1)

This clause applies to applications for approvals, certificates, and other matters under the HSNO Act that, immediately before the commencement date,—

(a)

have been made in accordance with the HSNO Act; and

(b)

have been received, but not determined, by the EPA or a test certifier or other relevant decision-maker.

(2)

An application of a type referred to in column 2 of the table must be treated, on and after the commencement date, as an application of the corresponding type referred to in column 3 of the table.

(3)

For the purposes of subclause (2), the application must be treated as complying with any requirements of these regulations in relation to form and application fee.

(4)

For the purposes of item 3 of the table (application for renewal of approval as test certifier), regulation 6.14(5) applies only if the application for renewal of approval as a test certifier is made at least 20 days before the date on which the approval ends (see regulation 6.14(2)(a)).

(5)

Subject to subclauses (6) and (7), WorkSafe or a relevant compliance certifier (the decision-maker) must determine an application in accordance with these regulations.

(6)

The decision-maker may require the applicant to give to the decision-maker, within a specified reasonable time, any additional information that the decision-maker considers necessary to determine the application in accordance with these regulations.

(7)

The decision-maker may refuse to give or issue the approval, certificate, or other matter applied for if the applicant does not comply with a requirement under subclause (6).

HSNO applications continued as applications under these Regulations
Column 1Column 2Column 3
1Application under section 83 of HSNO Act for approval as test certifierApplication under regulation 6.5 for authorisation as compliance certifier
2Application under section 83 of HSNO Act for variation of approval as test certifierApplication under regulation 6.13 for variation of authorisation as compliance certifier
3Application under section 83 of HSNO Act for renewal or continuation of approval as test certifierApplication under regulation 6.14 for renewal of authorisation as compliance certifier
4Request under regulation 7 of Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 for longer time limit for which test certificate (for hazardous substance location) is validApplication under regulation 8.2 for extension of period after which compliance certificate for hazardous substance location must be renewed
5Request for determination under clause 93(1)(b) of Schedule 8 of 2004 Transfer Notice of validity period for test certificate for stationary container systemApplication under regulation 17.92(5) to increase validity period of compliance certificate for stationary container system
6Application under section 95B of HSNO Act for a licence to possess a hazardous substanceApplication, under regulation 7.1, for controlled substance licence
7Application under clause 33 of Schedule 10 of 2004 Transfer Notice to reduce separation distance or vary other matters required by Part 2 or 3 of that scheduleApplication under regulation 11.40 for exemption under section 220 of the Act from separation distance requirement or any other matters in subpart 1 or 2 of Part 11 of these regulations
8Application under regulation 15 of Hazardous Substances (Compressed Gases) Regulations 2004 for design verification certificate for cylinderApplication under regulation 15.13 for design verification certificate for cylinder
9Application under regulation 19 of Hazardous Substances (Compressed Gases) Regulations 2004 for test certificate for imported cylinder or batch of imported cylindersApplication under regulation 15.16 for compliance certificate for imported cylinder or batch of imported cylinders
10Application under regulation 21 of Hazardous Substances (Compressed Gases) Regulations 2004 for waiver of requirement for pre-commissioning certificate for cylinder designApplication under regulation 15.18 for exemption, under section 220 of the Act, from requirement for pre-commissioning certificate for cylinder design
11Application under regulation 22 of Hazardous Substances (Compressed Gases) Regulations 2004 for pre-commissioning certificate for cylinder designApplication under regulation 15.19 for pre-commissioning certificate for cylinder design
12Application under regulation 36 of Hazardous Substances (Compressed Gases) Regulations 2004 for test certificate for imported or manufactured fittings for LPG cylindersApplication under regulation 15.37 for compliance certificate for imported or manufactured fittings for LPG cylinders
13Application for waiver under regulation 38 of Hazardous Substances (Compressed Gases) Regulations 2004 of requirement for test certificate for imported or manufactured fittings for LPG cylindersApplication under regulation 15.39 for exemption under section 220 of the Act from requirement for compliance certificate for imported or manufactured fittings for LPG cylinders
14Application under regulation 32 of Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 for design test certificate for tank wagon or part of tank wagonApplication under regulation 16.31 for design compliance certificate for tank wagon or part of tank wagon
15Application under regulation 35(1) of Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 for pre-commissioning test certificate for tank wagonApplication under regulation 16.34 for pre-commissioning compliance certificate for tank wagon
16Application under regulation 35(4) of Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 for approval as approved fabricator for tank wagonApplication under regulation 16.35 for approval as approved fabricator for tank wagon
17Application for variation under subregulation (7) of regulation 42 of Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 as modified by Environmental Risk Management Authority Decision HRE09001 made on 2 September 2010 under section 63A of HSNO Act of requirements relating to firefighting capability for road tank wagonsApplication under regulation 16.44 for exemption, under section 220 of the Act, from requirements relating to fire-fighting facilities and equipment for tank wagons
18Application for approval under clause 40(2)(b)(i) of Schedule 8 of 2004 Transfer Notice of action as ensuring disused below ground stationary tank and pipes are not a hazardApplication under regulation 17.39 for approval of manner of ensuring disused below ground stationary tank and pipes are not a hazard
19Application under clause 42 of Schedule 8 of 2004 Transfer Notice of variation of requirements relating to fire fighting facilities for above ground stationary tanksApplication under regulation 17.41 for exemption under section 220 of the Act from requirements relating to fire-fighting facilities and equipment for above ground stationary tanks
20Application for approval of type or kind of dispenser under clause 49 of Schedule 8 of 2004 Transfer NoticeApplication for approval of type of dispenser under regulation 17.48
21Application for approval of type or kind of vaporiser under clause 53 of Schedule 8 of 2004 Transfer NoticeApplication for approval of type of vapouriser under regulation 17.53
22Application for approval of type or kind of burner under clause 68 of Schedule 8 of 2004 Transfer NoticeApplication for approval of type of burner under regulation 17.67
23Application for approval under clause 3 of Schedule 9 of 2004 Transfer Notice of reduction of capacity of secondary containment system required by regulation 39 of Hazardous Substances (Emergency Management) Regulations 2001Application under regulation 17.100 for approval of reduction of required capacity of secondary containment system
24Application for approval under clause 2A of Schedule 9 of 2004 Transfer Notice of increase of maximum aggregate capacity of all stationary containers in a secondary containment systemApplication for approval under regulation 17.103 of increase of maximum total capacity of 1 or all stationary containers in a secondary containment system
25Application for approval under clause 2 of Schedule 9 of 2004 Transfer Notice of increase of maximum aggregate capacity of group of stationary containers in intermediate secondary containment systemApplication for approval under regulation 17.104 of increase of maximum aggregate capacity of a group of stationary containers in intermediate secondary containment system

Schedule 1 clause 51: inserted, on 1 December 2017, by regulation 54 of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2017 (LI 2017/285).