Some items of plant, due to their hazardous nature, require specific management to minimise any danger to the operator or other parties.

Under Regulation 4.40 of the Occupational Health and Safety (Safety Standards) Regulations 1994 (the Regulations), an item of plant listed in Part 2 of Schedule 6, cannot be operated unless and until a licence to operate that item of plant has been issued by the Safety, Rehabilitation and Compensation Commission or an exemption has been granted under Regulation 4.40A.

A copy of the Regulations is available at www.comlaw.gov.au.

Plant requiring a licence includes:

• Boilers that have a hazard level of A, B or C determined in accordance with AS 4343-1999 ‘Pressure equipment – Hazard levels’ and are specifically covered by AS/NZS 1200:2000 ‘Pressure equipment’.
• Pressure vessels that have a hazard level of A, B, or C determined in accordance with AS 4343-1999 ‘Pressure equipment – Hazard levels’ and are specifically covered by AS/NZS 1200:2000 ‘Pressure equipment’ other than:

(a) gas cylinders mentioned in AS 2030, AS 2030.1-1999, AS 2030.2-1996 and AS 2030.4-1985; and
(b) LP gas fuel vessels for automotive use mentioned in AS/NZS 3509:2003 ‘LP gas fuel vessels for automotive use’; and
(c) serially produced pressure vessels mentioned in AS 2971:2002 ‘Serially Produced Pressure Vessels’.

• Tower cranes^*
• Building maintenance units
• Amusement structures covered by AS 3533.1-1997 ‘Amusement rides and devices – Part 1: Design and construction’, other than class 1 structures
• Truck-mounted concrete placing units with booms^*
• Mobile cranes with a safe working load greater than 10 tonnes^*

Note: For the purposes of licensing, cranes and hoists in Schedule 6 exclude those that are manually powered, elevating work platforms or tow trucks.

Does hired plant require a licence?

Employers are required to have a licence to operate an item of hired plant unless the item of plant is hired for less than 12 months and the employer has obtained evidence from the supplier as required under Regulation 4.40D.

Under Regulation 4.40D, Regulation 4.40 does not apply to an employer in relation to an item of plant if:

a) the item of plant is hired by the employer for less than 12 months; and
b) for an item of plant mentioned in Regulation 4.07A, the employer obtains from the supplier of the item of plant evidence that:

How do I apply for a licence to operate plant?

An application form for a new licence to operate plant must be completed by applicants seeking to licence an item of plant for the first time or if a licence has expired. The information provided must be sufficient to uniquely identify a plant item, even if it is co-located with a number of similar items.

For applications containing more than 10 items, the multiple application form may be more convenient. To obtain copies of this form or for further information please contact Comcare on telephone: 1300 366 979 or email: ohs.plant@comcare.gov.au.

Completed forms can be:

• faxed to (02) 6274 8866; or
• posted to the

Plant Contact Officer
Comcare
GPO Box 9905
Canberra ACT 2601

How do I complete the application form?

The following provides additional information to assist applicants to complete the application form for a new licence to operate plant.

Section 1: Licence number

• Enter previous licence number, if any.

Section 2: Organisation and applicant details

• Enter organisation and applicant details.
• “Principal Officer” is defined in section 5 of the Occupational Health and Safety Act 1991. For example, this would be the Chief Executive Officer (CEO) in a Commonwealth authority, or in the case of a Department, this would be the Secretary.
• The term applicant refers to the person who signs the declaration at Section 8. All letters from Comcare will be sent to the applicant.

Section 3: Type of plant and hazard level

• Tick one box only to identify the type of plant to be licensed and indicate the hazard level as A, B or C.

For further information please refer to:

• Part 1 of Schedule 6 of the Regulations for items of plant requiring registration or notification of design.
• Part 2 of Schedule 6 of the Regulations for items of plant requiring a licence.
• he definitions section of the Regulations for assistance in determining the type of plant design to be registered or notified.
• The Unfired Pressure Vessel Assessor for assistance in identifying the appropriate hazard level of plant items.
• Schedule 5 of the Regulations for Australian Standards for items of plant.

Section 4: Plant item identification

• Enter the name of the manufacturer for the plant item.
• Enter the date of manufacture.
• Enter the model number for the item of plant.
• Enter the serial number for the item of plant.
• Enter the vehicle registration number if applicable.
• Enter any owner identification (such as organisation bar code or unique plant number) for the item of plant.
• Enter the design registration details for the item of plant.
• If the plant item was manufactured after 1 July 1996 and proof can be provided that it was designed prior to this date, then design registration details do not need to be provided.
• If the plant item was manufactured after 1 July 1996 and there is no evidence of design registration with any Australian State or Territory occupational health and safety authority, please contact the Plant Contact Officer on 1300 366 979 or ohs.plant@comcare.gov.au for further assistance.
• Where a registration number is provided, the issuing authority, for example Victoria Workcover or the Workcover Authority of New South Wales, must also be entered.
• Enter yes or no to indicate if the item of plant’s design has been altered since registration (such as modifications carried out to an item of plant that vary from the original registered design).
• If the plant design has been altered since registration, please contact the Plant Contact Officer as above.

Section 5: Plant location

• Tick one box to indicate whether the plant item is fixed or mobile.
• Enter the address of the plant item’s location (if fixed) or depot (if mobile).

Section 6: Statement by Employer

• The statement by the employer, advising Comcare that the item of plant has been inspected by a Competent Person and is safe to operate, must be provided.
• A Competent Person, in relation to specific tasks, means a person who has, through a combination of training, education and experience, acquired knowledge and skills that enable the person to perform that task correctly.
• Enter yes or no to indicate if the item of plant has been inspected and is safe to operate.

Section 7: Fee per item of plant

• Tick the box to indicate the method of payment.
• If paying by credit card complete the credit card details and sign the form.
• Please note that there is no facility under the Regulations for a licence fee to be refunded.
• Licence fees may increase between the first instalment paid on the issue of the licence and the second instalment paid on the second anniversary of the granting of the licence.

Section 8: Applicant’s statement

• Complete, sign and date the declaration.

• The person who signs the declaration has the responsibility for managing the plant item and is delegated with that responsibility by the Principal Officer / Chief Executive Officer.

What are my obligations as a licensee?

Matters relating to plant are set out at Part 4 of the Regulations.

Licence holders have the following obligations in regard to an application for a new licence to operate plant:

• Under Regulation 4.46 the employer must, no later than 21 days after becoming aware of the alteration, relocation, change to employer name, decommissioning or disposal of an item of plant, apply to Comcare for a variation to a licence to operate plant.
• For each 12 months that the employer is licensed to operate the item of plant (other than a tower crane) listed in Part 2 of Schedule 6 of the Regulations, the employer must provide Comcare with a notification of compliance with maintenance requirement for plant other than tower cranes.
• For each 36 months the employer is licensed to operate a tower crane, the employer must provide Comcare with a notification of compliance with maintenance requirement for tower cranes. In addition, if a tower crane is relocated, the employer must provide Comcare with a notification of compliance with maintenance requirement for tower cranes.
• If the plant item is to be operated beyond the four year licence period an application for renewal of licence to operate plant must be made to the Comcare. This application must be received by Comcare at least two weeks before the current licence expires to allow time for processing.
  
• The conditions of a licence are listed in Regulation 4.45.