Work Health and Safety Amendment (Fees and Transitional Periods) Regulation 2016 (NSW)

New South Wales

Work Health and Safety Amendment (Fees

and Transitional Periods) Regulation 2016

under the

Work Health and Safety Act 2011

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Work Health and Safety Act 2011.

VICTOR DOMINELLO, MP

Minister for Innovation and Better Regulation

Explanatory note

The object of this Regulation is to amend the Work Health and Safety Regulation 2011:

(a)

to increase certain fees, including fees relating to licences, accreditation as an assessor and registration of items of plant, and

(b)

to clarify the fees payable with respect to:

(i)	an initial application for accreditation as an assessor in relation to a class or a number of classes of high risk work and a subsequent application in relation to an additional class or number of classes of high risk work, and
(ii)	an application for the renewal of such accreditation, and

(c)

to extend the transitional periods relating to high risk work licensing by 1 year (from 1 July 2016 to 1 July 2017) and the registration of an item of plant by 18 months (from 1 July 2016 to 1 January 2018).

This Regulation is made under the Work Health and Safety Act 2011, including section 276 of, and

Schedules 3 (the general regulation-making powers) and 4 to, that Act.

Work Health and Safety Amendment (Fees and Transitional
Periods) Regulation 2016

under the

Work Health and Safety Act 2011

1      Name of Regulation

This Regulation is the Work Health and Safety Amendment (Fees and Transitional
Periods) Regulation 2016.

2      Commencement

This Regulation commences on 1 July 2016 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Work Health and Safety
Regulation 2011

[1]      Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Fees

Item	Type of fee	Fee
1	Application for high risk work licence (clause 87 (3))	$70.50 per class of licence
2	Application for replacement licence document	$32.50

(clause 98 (4) (b))

3	Application for renewal of high risk work licence	$65.00
(clause 101 (3))
4	Application for accreditation as assessor (clause 116 (3)):

(a)	initial application in relation to a class or number of	$1,616.00
classes of high risk work
(b)	subsequent application in relation to an additional	$525.50
class or number of classes of high risk work to initial application

5	Application for replacement accreditation document	Nil
(clause 127 (4) (b))
6	Application for renewal of accreditation as assessor in	$1,077.00
relation to a class or number of classes of high risk work (clause 130 (2) (b))
Note. The fee payable in respect of a subsequent application in
relation to an additional class or number of classes of high risk work is the fee set out in item 4 (b).
7	Application for registration of design of plant	$271.00 per design
(clause 250 (4))
8	Application for registration of item of plant (clause 266 (3))	$68.50 for first item and $2.00 for each additional item at the same address and owned by
the same applicant
9	Application for renewal of registration of item of plant	$68.50 for first item and $2.00
(clause 277 (3))	for each additional item at the same address and owned by the same applicant
10	Application for replacement registration document	$32.50
(clause 288 (4) (b))
11	Issue of general construction induction training card	$22.00
(clause 319 (4))
12	Application for replacement general construction induction	$32.50
training card (clause 321 (3) (b))
13	Administration fee for notice in relation to manifest	$227.50
quantities of Schedule 11 hazardous chemicals (clause 348)
Item	Type of fee	Fee
14	Application for asbestos removal licence or asbestos	$5,384.50 for Class A
assessor licence (clause 492 (3))	asbestos removal licence $977.00 for Class B asbestos removal licence $525.50 for asbestos assessor licence
15	Application for replacement licence document	$32.50
(clause 513 (4) (b))
16	Application for renewal of asbestos removal licences and	$5,384.50 for Class A
asbestos assessor licences (clause 516 (3))	asbestos removal licence $539.00 for Class B asbestos removal licence $525.50 for asbestos assessor licence
17	Notification fee to be paid by operators of facilities at	Nil
which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds 10% of their threshold quantity (clause 538 (4))
18	Administration fee for determined major hazard facilities	$41,400.00 plus $101.00 per
(clause 544A)	hour of the regulator’s time in connection with the administration of Chapter 9 in relation to the facility Or such lesser fee determined by the regulator
19	Application for major hazard facility licence	Nil
(clause 578 (3))
20	Administration fee for licensed major hazard facilities	$41,400.00 plus $101.00 per
(clause 585A)	hour of the regulator’s time administering the licence Or such lesser fee determined by the regulator
21	Application for replacement licence document	Nil
(clause 594 (4) (b))
22	Application for renewal of major hazard facility licence	Nil
(clause 596 (3))
23	Application for transfer of major hazard facility licence	Nil
(clause 600 (2) (b))
24	Administration fee in relation to transfer of major hazard	$101.00 per hour of the
facility licence (clause 600 (4A))	regulator’s time administering the licence Or such lesser fee determined by the regulator
25	Application for cancellation of major hazard facility	Nil
licence (clause 601 (2) (b))
26	Administration fee in relation to cancellation of major	$101.00 per hour of the
hazard facility licence on operator’s application	regulator’s time administering
(clause 601 (5A))	the licence Or such lesser fee determined by the regulator

[2]      Schedule 18B Savings and transitional provisions

Omit “1 July 2016” from clause 22 (9). Insert instead “1 July 2017”.

[3]      Schedule 18B, clause 31

Omit “1 July 2016” wherever occurring in clause 31 (1). Insert instead “1 January 2018”.