Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2023

2023/65

Coat of Arms of New Zealand

Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2023

Rt Hon Dame Helen Winkelmann, Administrator of the Government

Order in Council

At Wellington this 8th day of May 2023

Present:
Her Excellency the Administrator of the Government in Council

These regulations are made under sections 211(1)(w) and 215 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 215(4) and 217.

Regulations

1 Title

These regulations are the Health and Safety at Work (Major Hazard Facilities) Amendment Regulations 2023.

2 Commencement

These regulations come into force on 8 June 2023.

3 Principal regulations

These regulations amend the Health and Safety at Work (Major Hazard Facilities) Regulations 2016.

4 Regulation 70 amended (Fees for safety case assessment)

In regulation 70(2), replace “second column” with “second or fourth column”.

5 Schedule 8 amended

In Schedule 8, replace Parts 1 to 3 with the Parts 1 to 3 set out in the Schedule of these regulations.

Schedule Schedule 8 amended

r 5

Part 1 Fees for assessment of new safety case

Type of upper tier major hazard facilityFee ($)Discounted fee for each additional facility ($)
Type 131,00031,000
Type 231,00031,000
Type 331,00031,000

Part 2 Fees for assessment of revised safety case

Type of upper tier major hazard facilityFee before 1 July 2028 ($)Fee before 1 July 2028 for each additional facility ($)Fee on and after 1 July 2028 ($)Fee on and after 1 July 2028 for each additional facility ($)
Type 18,0008,00028,10022,500
Type 28,0008,00028,10022,500
Type 38,0008,00028,10022,500

Part 3 Annual levies for major hazard facility

Category of major hazard facility2023 and 2024 ($)For 2025 and every subsequent year ($)
Lower tier major hazard facility—Type 17,80014,600
Lower tier major hazard facility—Type 29,00017,600
Lower tier major hazard facility—Type 310,20019,900
Upper tier major hazard facility—Type 114,70028,800
Upper tier major hazard facility—Type 217,90035,000
Upper tier major hazard facility—Type 320,40039,900

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 8 June 2023, amend the Health and Safety at Work (Major Hazard Facilities) Regulations 2016 (the principal regulations).

These regulations replace Parts 1, 2, and 3 of Schedule 8 of the principal regulations, which sets out safety case assessment fees (Parts 1 and 2) and annual levy amounts for major hazard facilities (Part 3).

New Part 1 sets out fees and removes discounted fees for additional facilities.

New Part 2 sets out fees for before 1 July 2028 and on and after 1 July 2028. Discounted fees for additional facilities are suspended until 1 July 2028.

New Part 3 sets out annual levy amounts for the years of 2023 and 2024 and for the year of 2025 and every subsequent year.

The amendments in these regulations reduce fees and levies for specified periods to reflect that actual costs were less than predicted when the initial fees and levies were set in 2016. After the specified periods, the fees and levies will increase to meet future predicted costs.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 11 May 2023.

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