Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:559
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 559
Character Range: 737191–739152

559  Review of risk management
 (1) The operator of a determined major hazard facility must review and as necessary revise the following, in accordance with this regulation:
 (a) the safety assessment conducted under regulation 555 in order to ensure the adequacy of the control measures to be implemented by the operator;
 (b) the major hazard facility's emergency plan;
 (c) the major hazard facility's safety management system.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) Without limiting subregulation (1), the operator must conduct a review and revision in the following circumstances:
 (a) a modification to the major hazard facility is proposed;
 (b) a control measure implemented under regulation 556 does not minimise the relevant risk so far as is reasonably practicable;
Example: An effectiveness test indicates a deficiency in the control measure.
 (c) a new major hazard risk is identified;
 (d) the results of consultation by the operator under Part 9.5 indicate that a review is necessary;
 (e) a health and safety representative requests a review under subregulation (4);
 (f) the regulator requires the review.
 (3) In reviewing and revising the emergency plan, the operator must consult with the emergency service organisations referred to in subregulation 557(2).
 (4) A health and safety representative for workers at a major hazard facility may request a review if the representative reasonably believes that:
 (a) a circumstance referred to in paragraph (2)(a), (b), (c) or (d) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and
 (b) the operator has not adequately conducted a review in response to the circumstance.

Division 4—Safety case