Occupational Health and Safety Amendment (Major Hazard Facilities) Regulations 2021 (Vic)

Occupational Health and Safety Amendment (Major Hazard Facilities) Regulations 2021

S.R. No. 112/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Amendment of definitions

6Determinations of Authority

7New regulation 6A inserted

8How to involve health and safety representatives in consultation

9Control of exposure to noise

10Consultation with employees and health and safety representatives—major hazard facilities

11Consultation with employees and health and safety representatives—mines

12Eligibility to apply for registration to operate a major hazard facility

13Consultation

14Schedule 17 amended

15Schedule 18 amended

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Endnotes

STATUTORY RULES 2021

S.R. No. 112/2021

Occupational Health and Safety Act 2004

Occupational Health and Safety Amendment (Major Hazard Facilities) Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 31 August 2021

Responsible Minister:

INGRID STITT
Minister for Workplace Safety

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2017—

(a)to provide the Authority with the power to determine that any ship, floating platform or other place is a facility; and

(b)to include additional requirements for applications relating to major hazard facilities; and

(c)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.

3Commencement

These Regulations come into operation on 1 September 2021.

4    Principal Regulations

In these Regulations, the Occupational Health and Safety Regulations 2017[1] are called the Principal Regulations.

5Amendment of definitions

In regulation 5 of the Principal Regulations—

(a)insert the following definitions—

'sea includes a bay, an inlet, an estuary and any waters within the ebb and flow of the tide;

Victorian coastal waters has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;';

(b)for the definition of facility substitute—

"facility means—

(a)any building or other structure on land—

(i)that is a workplace; and

(ii)at which Schedule 14 materials are present or likely to be present; or

(b)any ship, floating platform or other place that the Authority determines is a facility under regulation 6A;".

6Determinations of Authority

(1)For the note at the foot of regulation 6(1) of the Principal Regulations substitute—

"Note

The Authority is also authorised to make determinations under regulations 6A, 41(3), 180, 198(3), 363, 364 and 403. They are not included here because each has particular requirements set out elsewhere. However, subregulations (2) to (6) apply to determinations under regulations 41(3), 180, 198(3) and 403 and subregulations (2), (3), (5) and (6) apply to determinations under regulations 6A, 363 and 364.".

(2)In regulation 6(4) of the Principal Regulations, after "determination" insert "(other than a determination made under regulation 6A, 363 or 364)".

7New regulation 6A inserted

After regulation 6 of the Principal Regulations insert—

"6A   Determination of facilities by Authority

(1)For the purpose of paragraph (b) of the definition of facility in regulation 5, the Authority may determine that any ship, floating platform or other place is a facility if satisfied that—

(a)it is a workplace at which Schedule 14 materials are present or likely to be present; and

(b)it is located in, proposed to be located in or will be located in—

(i)Victorian coastal waters; or

(ii)any sea within the limits of Victoria.

(2)The Authority must send to the proposed operator of a ship, floating platform or other place in respect of which a determination is made under subregulation (1) a written notice that—

(a)sets out the determination; and

(b)states the reasons for the determination; and

(c)specifies the date on which the determination takes effect.

(3)The date specified under subregulation (2)(c) must be not less than 30 days after the proposed operator is sent the notice.

(4)A ship, floating platform or other place in respect of which a determination is made under subregulation (1) is taken to be a facility from the date on which the determination takes effect.".

8How to involve health and safety representatives in consultation

(1)In regulation 21(2) of the Principal Regulations, for "36(2)" substitute "35(4)".

(2)For the note at the foot of regulation 21(2) of the Principal Regulations substitute—

"Note

Act compliance—section 35 (see regulation 7).".

9Control of exposure to noise

For note 1 at the foot of regulation 34 of the Principal Regulations substitute—

"1     Act compliance—sections 21 and 35 (see regulation 7).".

10Consultation with employees and health and safety representatives—major hazard facilities

For note 1 at the foot of regulation 388 of the Principal Regulations substitute—

"1     Act compliance—section 35 (see regulation 7).".

11Consultation with employees and health and safety representatives—mines

For note 1 at the foot of regulation 439 of the Principal Regulations substitute—

"1     Act compliance—section 35 (see regulation 7).".

12Eligibility to apply for registration to operate a major hazard facility

For regulation 514(3)(b) of the Principal Regulations substitute—

"(b)the person intends to operate a facility where Schedule 14 materials are present or likely to be present in a quantity that exceeds their threshold quantity and either—

(i)the person has received planning approval from the relevant planning authority for the proposed major hazard facility; or

(ii)the facility is one determined to be a facility under regulation 6A.".

13Consultation

For the note at the foot of regulation 540(2) of the Principal Regulations substitute—

"Note

Act compliance—section 35 (see regulation 7).".

14Schedule 17 amended

After clause 2.3 of Schedule 17 to the Principal Regulations insert—

"2.4For a facility located in Victorian coastal waters or any sea within the limits of Victoria, a nautical chart of the area surrounding the facility.".

15Schedule 18 amended

In clause 1 of Schedule 18 to the Principal Regulations—

(a)in paragraph (f), for "mine." substitute "mine;";

(b)after paragraph (f) insert—

"(g)in the case of a facility (or proposed facility) located in Victorian coastal waters or any sea within the limits of Victoria, a nautical chart of the area surrounding the facility (or proposed facility).".

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Endnotes

[1] Reg. 4: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020, 106/2020, 141/2020 and 8/2021.