Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsMajor Hazard Installation Regulations, 20224. Notification of establishment |
| (1) | A duty holder must notify the chief inspector, the relevant chief director: provincial operations and the local government on Form A, 90 days— |
| (a) | before the erection of an establishment; or |
| (b) | when there is an anticipated change to an existing establishment. |
| (2) | A duty holder, after the entry into force of these Regulations, must update the notification of an existing establishment and send it to the chief inspector, the relevant chief director: provincial operations and the local government on a prescribed form A, within 24 months. |
| (3) | The notification referred to in subregulation (1) or (2) must be accompanied by— |
| (a) | proof of permission or approval from the relevant local government on land use indicating the exact location of the site; |
| (b) | a letter of designation contemplated in regulation 3(2) and the responsible person's competency profile; |
| (c) | an inventory list and safety data sheets of all the dangerous substances that resulted in the installation being classified as an establishment; |
| (d) | a statement containing the envisaged maximum quantity of all the substances that may be present at the establishment at any one time; |
| (e) | the most recent risk assessment report contemplated in regulation 10; |
| (f) | a site map showing the establishment location and indicating developments around the vicinity of the establishment; |
| (g) | a substance location plan drawn to a scale of not less than 1 to 2 500 which identifies the area on the site where the dangerous substances will be stored, handled, used or processed, showing the location of the major items of plant used in such activities; |
| (h) | information regarding the neighbours or other establishments within the impact zone, including— |
| (i) | sites that are likely to be affected by a major incident and their exact distances from the establishment; |
| (ii) | known future development that might increase the risk or consequences of a major incident; and |
| (iii) | other establishments and their exact distances; |
| (i) | proof of the publication of the advertisement contemplated in subregulation (4); and |
| (j) | where applicable, the latest version of the major incident prevention policy. |
| (4) | A duty holder who erects an establishment or updates a risk assessment or converts an existing installation into an establishment must— |
| (a) | place an advertisement, in English and the predominant language in the area, in at least one newspaper serving the communities in the vicinity of the establishment; and |
| (b) | post notices within those communities, containing at least the— |
| (i) | name and location of the establishment; |
| (ii) | name, title and telephone number of the contact person from whom further information can be obtained; |
| (iii) | nature of the dangerous substances and the major incidents that may occur; and |
| (iv) | time and place where a risk assessment report will be explained and may be viewed. |
| (5) | Any affected or interested party may make representations, in writing, to the relevant local government and the chief inspector, within 60 days after the publication of an advertisement referred to in subregulation (4), if the establishment is not acceptable and poses a risk to that party. |