Work Health and Safety Amendment (Fees and Transitional Provisions) Regulation 2013 (NSW)

2013 No 353

New South Wales

Work Health and Safety Amendment

(Fees and Transitional Provisions)

Regulation 2013

under the

Work Health and Safety Act 2011

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Work Health and Safety Act 2011.

ANDREW CONSTANCE, MP

Acting Minister for Finance and Services

Explanatory note
The objects of this Regulation are as follows:

(a)	to increase certain fees and decrease certain other fees payable under the Work Health and Safety Regulation 2011 with respect to licences, accreditation and registration and to introduce new fees for replacement registration documents and general construction induction training cards,
(b)	to extend the period of operation of certain transitional provisions relating to certification required for licences for reach stacker work, registration of plant and notification of the use, handling or storage of hazardous chemicals that exceed manifest quantities,
(c)	to remove redundant references to certain legislation.

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

(the general regulation-making power), Schedule 3 and clause 1 of Schedule 4.

Published LW 28 June 2013	Page 1
2013 No 353	Work Health and Safety Amendment (Fees and Transitional Provisions)
Clause 1	Regulation 2013

Work Health and Safety Amendment (Fees and

Transitional Provisions) Regulation 2013

under the

Work Health and Safety Act 2011

1      Name of Regulation

This Regulation is the Work Health and Safety Amendment (Fees and
Transitional Provisions) Regulation 2013.

2      Commencement

This Regulation commences on 1 July 2013 and is required to be published on the NSW legislation website.

Work Health and Safety Amendment (Fees and Transitional Provisions)	2013 No 353
Regulation 2013
Amendment of Work Health and Safety Regulation 2011	Schedule 1
Schedule 1	Amendment of Work Health and Safety Regulation 2011

[1]      Clause 702 Confidentiality of information—exception relating to administration or enforcement of other laws

Omit clause 702 (k) and (r).

[2]      Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Fees

Type of fee	Fee
Application for high risk work licence (clause 87 (3))	$67 per class of licence
Application for replacement licence document	$31

(clause 98 (4) (b))

Application for renewal of high risk work licence $62

(clause 101 (3))

Application for accreditation as assessor	For 3 year accreditation
(clause 116 (3))	$1538 for the first application $500 for a subsequent application
Application for replacement accreditation document	Nil

(clause 127 (4) (b))

Application for renewal of accreditation	For 3 year renewal
(clause 130 (2) (b))	$1025 for the first application $500 for a subsequent application
Application for registration of design of plant	$258 per design

(clause 250 (4))

Application for registration of item of plant	$65 for first item and $2 for
(clause 266 (3))	each additional item at the same address and owned by the same applicant
Application for renewal of registration of item of plant	$65 for first item and $2 for
(clause 277 (3))	each additional item at the same address and owned by the same applicant

2013 No 353	Work Health and Safety Amendment (Fees and Transitional Provisions) Regulation 2013
Schedule 1	Amendment of Work Health and Safety Regulation 2011

Type of fee	Fee
Application for replacement registration document	$31
(clause 288 (4) (b))
Issue of general construction induction training card	$21
(clause 319 (4))
Application for replacement general construction	$31
induction training card (clause 321 (3) (b))
Administration fee for notice in relation to manifest	$100
quantities of Schedule 11 hazardous chemicals (clause 348)
Application for asbestos removal licence or asbestos	$5125 for Class A asbestos
assessor licence (clause 492 (3))	removal licence $930 for Class B asbestos removal licence $500 for asbestos assessor licence
Application for replacement licence document	$31
(clause 513 (4) (b))
Application for renewal of asbestos removal licences	$5125 for Class A asbestos
and asbestos assessor licences (clause 516 (3))	removal licence $513 for Class B asbestos removal licence $500 for asbestos assessor licence
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))
Administration fee for determined major hazard	For 2011–2012 financial
facilities (clause 544A)	year—$40,800 plus $101 per hour of the regulator’s time in connection with the
administration of Chapter 9 in relation to the facility For 2012–2013 financial year—$41,400 plus $101 per hour of the regulator’s time in connection with the administration of Chapter 9 in relation to the facility Or, in relation to any financial year, such lesser fee determined by the regulator

Work Health and Safety Amendment (Fees and Transitional Provisions)	2013 No 353
Regulation 2013
Amendment of Work Health and Safety Regulation 2011	Schedule 1

Type of fee	Fee
Application for a major hazard facility licence	Nil
(clause 578 (3))
Administration fee for licensed major hazard facilities	For 2011–2012 financial
(clause 585A)	year—$40,800 plus $101 per hour of the regulator’s time administering the licence
For 2012–2013 financial year—$41,400 plus $101 per hour of the regulator’s time administering the licence Or, in relation to any financial year, such lesser fee determined by the regulator
Application for replacement licence document	Nil
(clause 594 (4) (b))
Application for renewal of a major hazard facility	Nil
licence (clause 596 (3))
Application for transfer of major hazard facility	Nil
licence (clause 600 (2) (b))
Administration fee in relation to transfer of major	$101 per hour of the
hazard facility licence (clause 600 (4A))	regulator’s time administering the licence Or such lesser fee determined by the regulator
Application for cancellation of major hazard facility	Nil
licence (clause 601 (2) (b))
Administration fee in relation to cancellation of major	$101 per hour of the
hazard facility licence on operator’s application	regulator’s time
(clause 601 (5A))	administering the licence Or such lesser fee determined by the regulator

[3]      Schedule 18B Savings and transitional provisions

Omit “during the 18-month period after the commencement of the WHS Act” from clause 22 (9).

Insert instead “before 1 July 2014”.

2013 No 353	Work Health and Safety Amendment (Fees and Transitional Provisions) Regulation 2013
Schedule 1	Amendment of Work Health and Safety Regulation 2011

[4]      Schedule 18B, clause 31

Omit the clause. Insert instead:

31 Registration of plant

Division 2 of Part 5.3 of the WHS Regulation does not apply until 1 July 2015, and Subdivision 2 of Division 3 of Part 5.2 of the OHS Regulation continues to apply until 1 July 2015 as if it had not been repealed.

[5]      Schedule 18B, clause 37

Omit the clause. Insert instead:

37 Notification if manifest quantities exceeded

Clause 348 of the WHS Regulation does not apply until 1 January 2015, and clause 174ZS of the OHS Regulation continues to apply until 1 January 2015 as if it had not been repealed.