Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:535
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 535
Character Range: 704841–707356

535  A major hazard facility must be licensed
 (1) A facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity must be licensed under Part 9.7.
Note: See section 41 of the Act.
 (2) A facility that is determined to be a major hazard facility under regulation 541 must be licensed under Part 9.7.
Note: See section 41 of the Act.
 (3) Despite subregulation (1) or (2), a determined major hazard facility is exempt from the requirement to be licensed during the exemption period if the operator of the major hazard facility is taken to be a suitable person to operate the facility for the purposes of Part 9.2.
 (4) The operator of a licensed major hazard facility must hold the licence for the major hazard facility.
 (5) In this regulation, exemption period, in relation to a determined major hazard facility, means the period beginning on the determination of the facility and ending on the first of the following to occur:
 (a) the revocation of the determination of the facility under regulation 546;
 (b) the end of the period for applying for a licence given under regulation 549, unless an application for a licence for the facility is made within that period;
 (c) the grant of a licence for the facility under Part 9.7;
 (d) if the regulator decides to refuse to grant a licence for the facility:
 (i) the end of the period for applying for an external review of that decision, unless an application for external review is made within that period; or
 (ii) the making of the decision on the external review.
Note 1: The licensing process is provided for in Part 9.7.
Note 2: Under Part 9.2, an operator of a determined major hazard facility is taken to be a suitable operator if no determination is made under regulation 543.
Note 3: Under Part 9.3 the operator of a determined major hazard facility is given a limited time to prepare the major hazard facility to be licensed, including by preparing a safety case.
Note 4: Part 9.2 provides for the notification and determination of facilities and operators of facilities. The purpose of notification is to enable the regulator to determine whether:
(a) a facility or proposed facility is a major hazard facility; and
(b) the operator of a determined major hazard facility is a suitable person to:
 (i) operate the facility while the determination under paragraph (a) is in force; and
 (ii) apply for a licence for the facility.

Part 9.2—Determinations about Major Hazard Facilities