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

  • Schedule 2, table 2, item 36 corrected on 7 May 2021 under section 25(1)(j)(i) of the Legislation Act 2012.

Prescribed requirements for exemptions

25 Prescribed requirements for WorkSafe granting exemption


WorkSafe must not grant an exemption under section 220 of the Act in respect of any provisions of these regulations unless it is satisfied that granting the exemption will result in a standard of safety (in relation to the operation of the facility or proposed facility) that is at least equivalent to the standard that would be achieved by compliance with the relevant provisions that the exemption relates to.


For the purposes of subclause (1), WorkSafe must have regard to all relevant matters, including whether the applicant—


is complying with the Act and these regulations; and


has implemented adequate control measures to minimise the risk of a major incident occurring.