Dangerous Goods Safety (Major Hazard Facilities) Amendment Regulations 2012 (WA)

1270 GOVERNMENT GAZETTE, WA 16 March 2012

MP304*

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Major Hazard Facilities) Amendment Regulations 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Dangerous Goods Safety (Major
Hazard Facilities) Amendment Regulations 2012.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 1 April 2012.

3.             Regulations amended

These regulations amend the Dangerous Goods Safety (Major
Hazard Facilities) Regulations 2007.

4.             Regulation 26 amended

(1)	In regulation 26(1)(b) delete “Schedule 3.” and insert:
Schedule 3 clause 1.
(2)	Delete regulation 26(2).

5.             Regulations 33 and 34 inserted

After regulation 32 insert:

33.           Classes of major hazard facility for purposes of fees

(1)	For the purposes of Schedule 3, major hazard facilities are to be classified under this regulation.
(2)	A Class A facility is any major hazard facility at which Schedule 1 substances are used in, or produced by means of, an industrial production process that the Chief Officer determines is a process of high complexity.

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(3)	A Class B facility is any major hazard facility at which Schedule 1 substances are used in, or produced by means of, an industrial production process that the Chief Officer determines is a process of medium complexity.
(4)	A Class C facility is —

(a) any major hazard facility at which Schedule 1 substances are used in, or produced by means of, an industrial production process that the

Chief Officer determines is a process of low complexity; or

(b) any major hazard facility at which Schedule 1 substances —

(i)      are stored but not used in, or produced by means of, an industrial production process; and

(ii)      in the view of the Chief Officer, are frequently handled.

(5) A Class D facility is any major hazard facility at which
Schedule 1 substances —

(a)	are stored but not used in, or produced by means of, an industrial production process; and
(b)	in the view of the Chief Officer, are infrequently handled.

34.           Annual fee for major hazard facilities

(1) In this regulation —

former regulation means —

(a)	the Dangerous Goods Safety (Explosives) Regulations 2007 regulation 184; or
(b)	Dangerous Goods Safety (Storage and

the regulation 134,

as in force immediately before 1 April 2012;
grace period means, as the case requires —

(a)	the one month period referred to in subregulation (4); or
(b)	the 3 month period referred to in subregulation (6);

site licence means —

(a) explosives storage licence, granted under the
Dangerous Goods Safety (Explosives)

an explosives manufacture licence, or an goods site; or

1272 GOVERNMENT GAZETTE, WA 16 March 2012

(b)	licence, granted under the Dangerous Goods Safety (Security Risk Substances)	an SRS manufacture licence, or an SRS storage goods site; or
(c)	a licence granted under the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 Part 4 in respect of a dangerous goods site.

(2)	The holder of a site licence granted in respect of a dangerous goods site that is a major hazard facility must pay for each year the relevant annual fee specified
in Schedule 3 clause 2.
(3)	An annual fee payable under subregulation (2) must be paid annually.
(4)	The first annual payment must be made before, on or within one month after —

(a)	if the site licence is in force immediately before 1 April 2012 — the date on which the first quarterly payment would have had to be made after 31 March 2012 by the holder under the relevant former regulation;
(b)	in any other case — 28 days after the date on which both of these conditions are satisfied —

(i)      the site is subject to a site licence; and

(ii)      a safety report for the site is approved under Part 5.

(5)	If the date referred to in subregulation (4)(a) or (b) (date A) is not the date, or an anniversary of the date, on which the site licence is granted (date B), then, despite subregulation (2), the Chief Officer may reduce the first annual payment to an amount that is in proportion to the period that begins on date A and ends on date B.
(6)	Each subsequent annual payment must be made before, on or within 3 months after —

(a)	if under the Dangerous Goods Safety (General) Regulations 2007 regulation 15 the Chief Officer has set a due date for the site licence — the due date in each year;
(b)	in any other case — the anniversary of the date on which the first annual payment has to be made under subregulation (4).

(7) If under subregulation (4) or (6) a fee (including a fee
reduced under subregulation (5)) is paid in the grace

16 March 2012 GOVERNMENT GAZETTE, WA 1273

period, the holder must pay, with the fee, a late
payment fee equal to 1% of the fee.

6.             Schedule 3 replaced

Delete Schedule 3 and insert:

Schedule 3 — Fees

[r. 26 and 34]

1.             Safety reports, fees for approval of (r. 26)

The relevant fee to be paid under regulation 26 for an
application for approval of a safety report for a major hazard
facility is the fee in the Table relevant to the class of the
facility.

Table

Class of facility under r. 33	Fee ($)
Class A	80 000
Class B	40 000
Class C	40 000
Class D	20 000

2.              Annual fees for major hazard facilities (r. 34)

The relevant annual fee to be paid under regulation 34 in
respect of a major hazard facility is the fee in the Table
relevant to the class of the facility.

Table

Class of facility under r. 33	Fee ($)
Class A	80 000
Class B	40 000
Class C	40 000
Class D	20 000

By Command of the Governor,

G. MOORE, Clerk of the Executive Council.

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