Health and Safety at Work (Major Hazard Facilities) Regulations 2016

Part 3 Specified hazardous substances thresholds

26 Specified hazardous substances

(1)

The categories and names of specified hazardous substances are set out in Schedule 2.

(2)

Hazardous substances that meet the following criteria must be assigned to the most analogous category or named specified hazardous substance falling within the scope of these regulations:

(a)

substances that are not subject to the Hazardous Substances (Classification) Notice 2017 (including waste); and

(b)

substances that are present, or are likely to be present, in a facility; and

(c)

substances that possess, or are likely to possess, under the conditions found at the facility, equivalent properties in relation to their potential to cause a major incident.

(3)

Hazardous substances that the EPA has not approved under Part 5 of the Hazardous Substances and New Organisms Act 1996 must be classified in accordance with any applicable group standard that the EPA has issued under that Act.

(4)

If there is no applicable group standard for the hazardous substance, the operator must apply to the EPA so that the EPA may determine the classification of the substance for the purposes of these regulations.

Compare: Model Work Health and Safety Regulations (Aust) Schedule 15 cl 2

Regulation 26(2)(a): amended, on 1 December 2017, by regulation 5 of the Health and Safety at Work (Major Hazard Facilities) Amendment Regulations (No 2) 2017 (LI 2017/222).