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Part 4 · Duties of Occupier of Registered Major Hazard Installation

17. Review, revision and submission of safety case

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Amended

Last amended by an amending law of 2024.

(1)

The occupier of a registered major hazard installation must review, and if necessary revise, the safety case for the registered major hazard installation at least once every 5 years.

(2)

The Commissioner may at any time direct the occupier of a registered major hazard installation to do all or any of the following within the period that the Commissioner specifies in the direction:

(a)

submit to the Commissioner the safety case for the major hazard installation;

(b)

revise the safety case;

(c)

review the safety case.

(2A)

An occupier directed by the Commissioner under paragraph (2) must comply with the direction.

(3)

Despite paragraphs (1), (2) and (2A), the occupier of a registered major hazard installation must review the safety case whenever —

(a)

there is a new fact or new technical knowledge about safety and health matters in relation to the cause, prevention or effect of a major accident, including knowledge arising from —

(i)

an analysis of a process‑related incident or near miss within the registered major hazard installation; or

(ii)

a publication of an analysis of a process-related incident or near miss (whether or not within the registered major hazard installation);

(b)

there is a discovery or development in knowledge in relation to any major accident hazard that is within the registered major hazard installation; or

(c)

the occupier makes a change to the safety and health management system that has a significant impact on the prevention of a major accident or the limitation of consequences of a major accident.

(4)

Where a safety case is reviewed under paragraph (1), (2) or (3), the occupier of the registered major hazard installation must —

(a)

notify the Commissioner, in the form and manner that the Commissioner requires, of the date the review of the safety case was completed;

(b)

submit to the Commissioner, in the form and manner that the Commissioner requires, a summary of the outcome of the review and of any changes made to the safety case; and

(c)

if required by the Commissioner, submit a copy of the revised safety case to the Commissioner.

Subregulation 1

The occupier of a registered major hazard installation must review, and if necessary revise, the safety case for the registered major hazard installation at least once every 5 years.

Subregulation 2

The Commissioner may at any time direct the occupier of a registered major hazard installation to do all or any of the following within the period that the Commissioner specifies in the direction:

(a)

submit to the Commissioner the safety case for the major hazard installation;

(b)

revise the safety case;

(c)

review the safety case.

Subregulation 2A

An occupier directed by the Commissioner under paragraph (2) must comply with the direction.

Subregulation 3

Despite paragraphs (1), (2) and (2A), the occupier of a registered major hazard installation must review the safety case whenever —

(a)

there is a new fact or new technical knowledge about safety and health matters in relation to the cause, prevention or effect of a major accident, including knowledge arising from —

(i)

an analysis of a process‑related incident or near miss within the registered major hazard installation; or

(ii)

a publication of an analysis of a process-related incident or near miss (whether or not within the registered major hazard installation);

(b)

there is a discovery or development in knowledge in relation to any major accident hazard that is within the registered major hazard installation; or

(c)

the occupier makes a change to the safety and health management system that has a significant impact on the prevention of a major accident or the limitation of consequences of a major accident.

Subregulation 4

Where a safety case is reviewed under paragraph (1), (2) or (3), the occupier of the registered major hazard installation must —

(a)

notify the Commissioner, in the form and manner that the Commissioner requires, of the date the review of the safety case was completed;

(b)

submit to the Commissioner, in the form and manner that the Commissioner requires, a summary of the outcome of the review and of any changes made to the safety case; and

(c)

if required by the Commissioner, submit a copy of the revised safety case to the Commissioner.

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