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GUI0122/01/02.11
Guidance Note Notification and registration
of a major hazard facility
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Guidance Note Notification and registration
of a major hazard facility
Scenario 1 Scenario 2
An operator intends to operate a facility Schedule 9 materials are present or likely
where Schedule 9 materials will exceed to be present at an existing facility in
the threshold. quantities exceeding 10% but less than
This would apply to: 100% of the threshold.
(a) an existing facility that is to be modified to be In this situation, the operator must notify ‘within 30 days
above the threshold, or of becoming aware (or within 30 days of when they
should reasonably have been or become aware) of the
(b) a facility currently in design/construction that
circumstances giving rise to the obligation to notify’
is expected to be above the threshold.
(reg 5.2.27). For new or expanded facilities, this could be
In this scenario, the operator may notify WorkSafe when operations start above the 10% aggregate quantity.
(reg 6.2.22) and WorkSafe will register the facility.
This enables WorkSafe to identify facilities that could
It is expected that persons intending to operate an MHF be determined to be an MHF. WorkSafe must follow
will notify early so a licence can be granted before the the process specified by reg 5.2.29 and reg 5.2.30 to
Schedule 9 materials at the facility exceed threshold. Any determine a facility. Alternatively, WorkSafe may decide
person who intends to operate an MHF should therefore not to determine a facility is an MHF and instead administer
consider the time frames and decide when it is appropriate other compliance provisions depending on the hazards
to notify and be registered as an intended facility. at the facility.
WorkSafe may make allowance when the lead time to
becoming an MHF is short, such as where an existing Scenario 3
dangerous goods warehouse or storage yard is to increase A facility does not have to notify because the
the quantities of Schedule 9 materials being held. However, quantities of Schedule 9 materials are less
operators intending to operate an MHF should discuss than or equal to 10% of the MHF threshold.
timing with WorkSafe as early as possible. If this situation changes and the operator does not notify
for registration, WorkSafe could require the operator
For further guidance on WorkSafe’s approach for intending
to cease operation or remove Schedule 9 materials
operators of MHFs see the guidance note – Information
from the site.
for persons intending to operators of MHF.
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Guidance Note Notification and registration
of a major hazard facility
2.2 What information do I need to is required for a petroleum or chemical processing facility
provide in the notification? handling a wide range of materials and less for a simple
warehouse or other facility handling fewer materials.
Reg 5.2.28 and 6.2.23 list information needed in a
notification to WorkSafe (see Table 3.1 for details and Before submitting a notification the operator should
guidance). The notification must be in writing and carefully define the facility’s boundary because this has
provided to WorkSafe’s Hazard Management Division a significant impact on the information required. Particular
by email (mhunit@worksafe.vic.gov.au), fax (9641 1201) features that could influence the requirement include
or post (PO Box 4306, Melbourne 3001). joint ownership, satellite locations, sites separated by
roads and legal site boundaries. This can be discussed
The amount of information required at notification will
with WorkSafe.
vary according to the facility. In general, more information
Table 2.1 – Information required under the MHF regulations for notification
Reg 6.2.23(a)
• full corporate name, trading name, ACN, nature of business, A simple description of operations is sufficient as long as
registered address and relevant place of business, or it includes those involving Schedule 9 materials and other
• if the operator is a person rather than a corporation, the person’s dangerous goods. Examples might be ‘tank storage and road
full name, nature of the person’s business, residential address, tanker loading of the following goods’ or ‘manufacture of AAA
nature of business and business address; by the BBB process, using CCC as a feedstock’. Cover all
• the location or proposed location of the facility; processes including intermediate, by-product, ancillary and
• a brief description of the nature of the facility, including general waste streams as well as main processes. Text may be
site activities and production and auxiliary processes involving supplemented by diagrams such as layout drawings,
Schedule 9 materials; dangerous goods manifests/plans and process flow diagrams.
• the number of employees; and ‘Employees’ includes independent contractors and their
workers. State the split by day/night shift, by location on the
facility and by worker group.
• a description of the land use and activities of occupancy Include information on land use types (eg heavy/light industry,
in the area surrounding the facility. agriculture, residential, utilities, roads and railways). Define the
nearest residential neighbours, and other sensitive land uses
such as schools, hospitals and other sites where hazardous
substances may be present (in particular, if there are other
MHFs). State the nearest residential location and sensitive
land uses (eg schools, hospitals etc).
Reg 6.2.23(b)
i) the quantity of each Schedule 9 material present or likely State the appropriate quantity for all and link data to site plans
to be present; and other related information. The Appendix provides advice
on identifying materials, what must be included and what may
be excluded and estimating the correct quantity.
Compare the quantities estimated with the corresponding
thresholds, individually and in aggregate. The Appendix also
gives advice on this. State the estimated overall percentage
or fraction of threshold reached in total.
ii) the name and such further information as is necessary to clearly Include the UN number for each material, its proper shipping
identify each Schedule 9 material present or likely to be present; name, its dangerous goods class and Packing Group
(including any Subsidiary Class and concentration in any
carrier material). Properly define any materials that do not
have a unique UN number.
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Guidance Note Notification and registration
of a major hazard facility
iii) details of the information and method used to determine the Provide all assumptions, methods and supporting data for the
percentage of the threshold quantity of the materials present calculation of quantities. The Appendix has guidance on the
or likely to be present; and calculation of relevant quantities where the actual amount may
be variable. In general, the operator should use maximum
capacity values. Other information that may be required
includes the sources of toxicity data and the way in which
the 2% cut-off has been applied (ie the basis for determining
that a quantity is ‘isolated’). See the Appendix for information
on the 2% rule.
iv) the names and quantities of any dangerous goods, which are Certain hazardous materials are not included in Schedule 9
not Schedule 9 materials, that could increase the likelihood but may contribute to a major incident. An example may be
or severity of a major incident occurring. a combustible liquid that by itself would not lead to a major
incident, but if involved in a fire caused by a more highly
flammable substance may increase the consequences of
that incident.
Notification for intending facilities outline is in the guidance note – Safety Case outline.
Notification under reg 6.2.22 should include information on Operators should contact the assigned Safety Case Officer
the nature of the modifications or the stage in the design as soon as possible to discuss their specific circumstances
or construction process giving rise to the notification. and needs after registration.
For example, if the facility is at the early design stage, Registration as an MHF does not exempt a facility from
plans of the facility may not be available and the number duties and obligations under other safety laws including
of employees and the types/amounts of materials may not DG laws and other parts of OHS legislation, unless certain
be accurately known. The information may include design exemptions are allowed. Such exemptions would have to
options under consideration, indications of the number of comply with the requirements of the other legislation.
personnel and estimates of the quantities of materials likely
to be present. However, notification will often occur after 2.4 Time frames
design decisions have been made. The notification should While notification must be done within 30 days of MHF
also indicate the date the facility should be operating as operators being aware they are at 10% of the threshold,
an MHF and commissioning activities involving Schedule there is no specific time frame for notification by persons
9 materials. who intend to operate an MHF in the future.
The key time frame and milestones for the operator
2.3 What obligations result from of a registered MHF are:
registration? • Division 3 of the MHF regulations (Safety duties
Following registration, WorkSafe will inform the operator of operators). The operator has 30 months from
of the MHF in writing that the facility has been registered registration (or earlier if WorkSafe specifies)
as an MHF and assign a Safety Case officer. to achieve full compliance in relation to safety
WorkSafe will also inform the operator of any other management, identification of major incidents/hazards,
information it considers relevant. This may include the Safety Assessment, control measures and emergency
name of other facilities WorkSafe considers the operator planning. In the interim, compliance must be ‘so far
should coordinate with during preparation of the Safety as is reasonably practicable’.
Case (see reg 5.2.16 and the guidance note – Coordination • Division 4 (Safety Case). The Safety Case must be
between major hazard facilities for more information). submitted to WorkSafe at least six months in advance
of the 30 month deadline. This is to allow WorkSafe
Registered MHFs need only comply with the MHF
to review the Safety Case and make comment and for
regulations ‘so far as is reasonably practicable’ (reg 5.2.2)
the operator to make any necessary revisions before
during preparation of the Safety Case. This provides
registration expires.
a transition period before full compliance is necessary.
• Division 5 (Consulting, informing, training and
After registration, an operator has 90 days to prepare and instructing) and division 6 (Duties of employees)must
submit to WorkSafe an outline for the development of a be complied with to the same extent as division 3,
Safety Case (reg 5.2.33). Guidance on the Safety Case
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Guidance Note Notification and registration
of a major hazard facility
Figure 2.2 – Time scales for notification and registration (months from commencement)
Activity 1 2 4 24 30 Beyond
Notification
Registration
MHF licence
The maximum time-line for an intended MHF is shown. WorkSafe may specify less than 30 months to expiry of registration.
3. Compliance checklist
The following checklist lists the main requirements under MHF regulations relating to notification and registration.
Table 3.1 – MHF regulations relating to notification and registration
Section Requirement
Reg 6.2.22 A person who intends to operate an MHF may notify WorkSafe to obtain registration. This includes persons
who operate an existing facility that is below the major hazard threshold but intend to alter the facility such that
it would be above the threshold. This also includes persons designing or constructing a facility that, once
operating, will be an MHF.
Reg 5.2.27 An operator of a facility above 10% of the major hazard threshold, but below the threshold, must notify
WorkSafe within 30 days of becoming aware of the circumstances giving rise to the requirement to notify,
or within 30 days of when they should reasonably have become aware.
Reg 5.2.28 The notification must be in writing and contain the information listed in this reg.
Reg 6.2.24 WorkSafe will register as MHFs any facilities that may notify under reg 6.2.22. It will also register any facility
that notified under reg 5.2.27 that WorkSafe subsequently determined to be an MHF.
Reg 5.2.34 A person must not operate an MHF unless it is licensed under part 6.1 or is registered under part 6.2
of the MHF regulations.
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Guidance Note Notification and registration
of a major hazard facility
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Guidance Note Notification and registration
of a major hazard facility
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Guidance Note Notification and registration
of a major hazard facility
Inclusions Exclusions
Materials that have been unloaded or waiting to be unloaded from Materials that have been unloaded or waiting to be unloaded
ships, road or rail at a facility and where these or other Schedule 9 from ships, road or rail at a facility and where Schedule 9
materials are present for extended periods. materials are only present occasionally and are for
‘intermediate temporary storage while in transit by road
and rail’.
Materials on ships berthed alongside the facility.
Materials on road/rail vehicles outside a facility,
even if waiting to enter the facility.
Materials loaded on or will be unloaded from road/rail vehicles Materials on road/rail vehicles inside a facility that were
inside a facility and are not for ‘intermediate temporary storage loaded elsewhere and are not to be unloaded at the facility
while in transit by road or rail’. unless the vehicle remains at the facility for more than
48 hours (ie the vehicle is ‘de facto’ storage).
Materials contained in a facility’s pipelines. Materials in pipelines that are connected to, terminate at,
These materials could escape from pipelines connected to, or cross a facility and cannot escape onto the facility when
terminating at, or crossing a facility. This includes the contents relevant flow rate, detection and isolation factors are taken
at least up to the first off-site emergency isolation valve on each into account.
section, plus any contents that could flow out before isolation.
Factors to take into consideration include detection time,
flow rate and time to isolation.
or unloading ships
The maximum quantity for a wharf where ships are
unloaded and loaded with materials is the maximum Ship
amount of material that is present on the land-based facility
at any one time, not the total amount unloaded/loaded over
the entire shipping process.
In the example below (Figure 4.1) a ship is unloading 6000
tonne of LPG into 20 tonne road tankers. The maximum Unloading
quantity is the maximum amount loaded onto tankers that B Road
tanker
may be present within the facility at any time. Therefore,
while tankers A and B are full and tanker C is empty
Road
(awaiting loading), the maximum quantity is 60 tonne tanker
threshold for LPG is 200 tonne this would mean the facility
tanker
Road
A
would have to notify under reg 5.2.27 (greater than 10% Wharf facility
of threshold) but would not have to notify as an MHF (reg
6.2.22) even though 6000 tonne in total were unloaded.
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Guidance Note Notification and registration
of a major hazard facility
Exclusions apply only to the evaluation of the aggregate Since the total is more than 1.0, the facility is defined as
quantity. If a facility is an MHF despite these exclusions, an MHF. The operator must notify WorkSafe and the facility
then the requirements of the MHF regulations apply to will be registered.
ALL Schedule 9 materials that can cause or contribute
to a major incident, including those excluded from the Example 2
threshold calculations. A facility handles 10 tonne of acrylonitrile (threshold 200
tonne) and 40 tonne of ethylene oxide (threshold 50
tonne). The aggregation formula is:
10 / 200 + 40 / 50 = 0.05 + 0.8 = 0.85
Since the total is less than 1.0, the facility is not classified
as an MHF. The operator still needs to notify WorkSafe
because the total exceeds 0.1 (10%), and WorkSafe may
determine the facility to be an MHF.
Example 3
A facility consists of two storage areas (A and B) which
from time to time hold five Schedule 9 substances plus
a range (up to 50 tonne) of other dangerous goods
as shown in Table 4.2.
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Guidance Note Notification and registration
of a major hazard facility
Formaldehyde Up to 2 Up to 10 50 0.24
Total – – – 1.03
This facility would automatically be an MHF (aggregate • Aggregate quantity is sometimes below 10%,
greater than 1.0) unless there was a good reason why sometimes above – the operator must notify WorkSafe
some of the quantities could not be present at the same unless the materials are in intermediate, temporary
time (eg sodium chlorate is only in one storage area at a storage while in transit.
time). Excluding one quantity reduces the aggregate to See the next section for examples for facilities with
below 1.0 but the operator would need to demonstrate isolated small quantities.
robust procedures to control risk.
If the facility is an MHF, the up to 50 tonne of Facilities with isolated small quantities –
miscellaneous dangerous goods stored at the facility less than 2% rule
would need to be considered in all assessments in the
Safety Case. Example 1
A facility has two large tanks containing a total of 195
Results from applying the aggregation rule tonne of LPG and two small tanks each containing four
There are a number of possible results for facilities storing tonne of LPG (see Figure 4.2).
a range of materials: Both small tanks can be excluded under the 2% rule
• Aggregate quantity is always above 100% – because each tank is:
the operator must notify WorkSafe and WorkSafe • 2% of the facility’s threshold quantity (200 tonne)
will register the facility as an MHF. • segregated from each other and therefore can be
• Aggregate quantity is always between 10% and considered separately
100% – the operator must notify WorkSafe. WorkSafe • located where it cannot initiate a major incident.
may determine the facility is an MHF and will register The result is that, even though the total quantity of LPG
it if required. is 203 tonne, the relevant quantity is only 195 tonne.
• Aggregate quantity is always below 10% – no need Therefore the facility is not automatically an MHF. The
to notify. operator must still notify WorkSafe because the quantity
• Aggregate quantity is sometimes below 100%, is greater than 10% of the threshold and WorkSafe may
sometimes above – the facility meets the definition determine the facility to be an MHF. In the notification,
of an MHF and the operator must notify WorkSafe. the operator should justify exclusion of the two small
The decision to register it as an MHF will be based tanks from the aggregation.
on a range of factors including the average and
maximum aggregates.
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Guidance Note Notification and registration
of a major hazard facility
Not to scale
Formaldehyde Up to 2 Up to 10 50 0.24
Total – – – 1.03
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Guidance Note Notification and registration
of a major hazard facility
On 18 June 2017, the Occupational Health and Safety Regulations 2017 (OHS Regulations 2017)
replaced the Occupational Health and Safety Regulations 2007 (OHS Regulations 2007), which
expired on this date. This publication has not yet been updated to reflect the changes
introduced by the OHS Regulations 2017 and should not be relied upon as a substitute for
legal advice.
Information on the key changes introduced by the OHS 2017 Regulations can be found in the
guidance titled Occupational Health and Safety Regulations 2017: Summary of changes - available
at https://www.worksafe.vic.gov.au/__data/assets/pdf_file/0011/207659/ISBN-OHS-regulations-
summary-of-changes-2017-04.pdf. However, this guidance document contains material of a general
nature only and is not to be used as a substitute for obtaining legal advice.
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