Work Health and Safety Amendment (Fees) Regulation 2018 (NSW)

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New South Wales

Work Health and Safety Amendment (Fees)

Regulation 2018

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.

MATTHEW KEAN, MP

Minister for Innovation and Better Regulation

Explanatory note

The object of this Regulation is to amend the Work Health and Safety Regulation 2017:

(a)	to increase certain fees, including fees relating to licences, accreditation as an assessor and registration of items of plant, and
(b)	to provide for a lower fee for certain applications that are lodged and paid for online.

This Regulation is made under the Work Health and Safety Act 2011, including section 276 of, and
Schedule 3 to, that Act (the general regulation-making powers).

Work Health and Safety Amendment (Fees) Regulation 2018

under the

Work Health and Safety Act 2011

1 Name of Regulation
This Regulation is the Work Health and Safety Amendment (Fees) Regulation 2018.

2 Commencement
This Regulation commences on 1 July 2018 and is required to be published on the
NSW legislation website.

Schedule 1

Amendment of Work Health and Safety
Regulation 2017

[1] Clause 348 Regulator must be notified if manifest quantities to be exceeded
Insert after clause 348 (3):

(3A) The notice under subclause (1) must be accompanied by the relevant fee.
[2] Schedule 2 Fees
Omit the Schedule. Insert instead:

Schedule 2 Fees

Item Type of fee Fee
1 Application for high risk work licence (clause 87 (3)) $74.00 per class of
licence

2 Application for replacement licence document (clause 98 (4) (b)):

(a) if both lodged and paid for online in one transaction $28.00
(b) otherwise $34.00

3 Application for renewal of high risk work licence (clause 101 (3)) $68.00
4 Application for accreditation as assessor (clause 116 (3)):

(a) initial application in relation to a class or number of $1,689.50
classes of high risk work
(b) subsequent application in relation to an additional class or $549.50
number of classes of high risk work to initial application

5 Application for replacement accreditation document (clause 127 Nil
(4) (b))
6 Application for renewal of accreditation as assessor in relation to $1,126.00
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 item of plant (clause 250 $283.50 per design
(4))

8

Application for registration of item of plant (clause 266 (3))

$71.50 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 (clause $71.50 for first item

277 (3))

and $2.00 for each additional item at the same address and owned by the same applicant
10 Application for replacement registration document (clause 288 $34.00
(4) (b))
Item Type of fee Fee
11 Application for general construction induction training card $23.00
(clause 319 (4))

12

Application for replacement general construction induction training card (clause 321 (3) (b)):

(a) if both lodged and paid for online in one transaction $28.00
(b) otherwise $34.00

13 Administration fee for notice in relation to manifest quantities of $237.50
Schedule 11 hazardous chemicals (clause 348 (3A))
14 Application for asbestos removal licence or asbestos assessor $5,629.50 for Class
licence (clause 492 (3)) A asbestos removal
licence
$1,021.50 for Class
B asbestos removal
licence
$549.50 for
asbestos assessor
licence
15 Application for replacement licence document (clause 513 (4) $34.00
(b))
16 Application for renewal of asbestos removal licence or asbestos $5,629.50 for Class
assessor licence (clause 516 (3)) A asbestos removal
licence
$563.50 for Class B
asbestos removal
licence
$549.50 for
asbestos assessor
licence
17 Notification fee to be paid by operators of facilities at which Nil
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 (clause $42,228.00 plus
544A) $103.00 per 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 (clause 578 (3)) Nil
Item Type of fee Fee
20 Administration fee for licensed major hazard facilities (clause $42,228.00 plus
585A) $103.00 per hour of the regulator’s time administering the
licence
Or such lesser fee
determined by the
regulator
21 Application for replacement licence document (clause 594 (4) Nil
(b))
22 Application for renewal of major hazard facility licence (clause Nil
596 (3))
23 Application for transfer of major hazard facility licence (clause Nil
600 (2) (b))
24 Administration fee in relation to transfer of major hazard facility $103.00 per hour of
licence (clause 600 (4A)) the regulator’s time
administering the
licence
Or such lesser fee
determined by the
regulator
25 Application for cancellation of major hazard facility licence Nil
(clause 601 (2) (b))
26 Administration fee in relation to cancellation of major hazard $103.00 per hour of
facility licence on operator’s application (clause 601 (5A)) the regulator’s time
administering the
licence
Or such lesser fee
determined by the
regulator

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Work Health and Safety Amendment (Fees) Regulation 2018 (NSW)

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(a)	if both lodged and paid for online in one transaction	$28.00
(b)	otherwise	$34.00

3	Application for renewal of high risk work licence (clause 101 (3))	$68.00
4	Application for accreditation as assessor (clause 116 (3)):

(a)	initial application in relation to a class or number of	$1,689.50
classes of high risk work
(b)	subsequent application in relation to an additional class or	$549.50
number of classes of high risk work to initial application

5	Application for replacement accreditation document (clause 127	Nil
(4) (b))
6	Application for renewal of accreditation as assessor in relation to	$1,126.00
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 item of plant (clause 250	$283.50 per design
(4))
8	Application for registration of item of plant (clause 266 (3))	$71.50 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 (clause	$71.50 for first item
277 (3))	and $2.00 for each additional item at the same address and owned by the same applicant
10	Application for replacement registration document (clause 288	$34.00
(4) (b))
Item	Type of fee	Fee
11	Application for general construction induction training card	$23.00
(clause 319 (4))
12	Application for replacement general construction induction training card (clause 321 (3) (b)):

13	Administration fee for notice in relation to manifest quantities of	$237.50
Schedule 11 hazardous chemicals (clause 348 (3A))
14	Application for asbestos removal licence or asbestos assessor	$5,629.50 for Class
licence (clause 492 (3))	A asbestos removal licence $1,021.50 for Class B asbestos removal licence $549.50 for asbestos assessor licence
15	Application for replacement licence document (clause 513 (4)	$34.00
(b))
16	Application for renewal of asbestos removal licence or asbestos	$5,629.50 for Class
assessor licence (clause 516 (3))	A asbestos removal licence $563.50 for Class B asbestos removal licence $549.50 for asbestos assessor licence
17	Notification fee to be paid by operators of facilities at which	Nil
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 (clause	$42,228.00 plus
544A)	$103.00 per 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 (clause 578 (3))	Nil
Item	Type of fee	Fee
20	Administration fee for licensed major hazard facilities (clause	$42,228.00 plus
585A)	$103.00 per hour of the regulator’s time administering the
licence Or such lesser fee determined by the regulator
21	Application for replacement licence document (clause 594 (4)	Nil
(b))
22	Application for renewal of major hazard facility licence (clause	Nil
596 (3))
23	Application for transfer of major hazard facility licence (clause	Nil
600 (2) (b))
24	Administration fee in relation to transfer of major hazard facility	$103.00 per hour of
licence (clause 600 (4A))	the regulator’s time administering the licence Or such lesser fee determined by the regulator
25	Application for cancellation of major hazard facility licence	Nil
(clause 601 (2) (b))
26	Administration fee in relation to cancellation of major hazard	$103.00 per hour of
facility licence on operator’s application (clause 601 (5A))	the regulator’s time administering the licence Or such lesser fee determined by the regulator