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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

Major Hazard Installation Regulations, 2022

13. Licence to operate

 

(1) A duty holder who operates a high hazard establishment must apply for a licence to operate such an establishment.

 

(2) An existing duty holder must apply for a licence not later than 36 months after the entry into force of these Regulations.

 

(3) The chief inspector, upon receipt of an application in terms of subregulations (1) and (2), with a written proof of occupancy from the local government, may—
(a) issue a licence;
(b) decide not to issue a licence and give reasons for the decision; or
(c) issue a licence subject to any condition that the chief inspector deems reasonable and necessary.

 

(4) A licence issued under subregulation (3)—
(a) may not be transferred to another establishment; and
(b) lapses after 12 months if the new installation has not started operations or the establishment has not been operated within 12 months after the issue of the licence.

 

(5) The chief inspector may—
(a) suspend or withdraw a licence if the conditions subject to which the licence was issued are not complied with; or
(b) alter a condition in an existing licence after consultation with the duty holder and the relevant health and safety representative or the relevant health and safety committee.