Instructions for Completing an Application for a Variation to a Licence to Operate Plant (Reg 4.46)

Why is a variation to a licence to operate plant required?

Under Regulation 4.46 of the Occupational Health and Safety (Safety Standards) Regulations 1994 (the Regulations), the employer must, no later than 21 days after becoming aware of the alteration, relocation, change to employer name, decommissioning or disposal of plant, apply to Comcare for a variation of the licence relating to that plant.

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

How do I apply for a variation to plant licence?

Completed forms can be:

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

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 variation to a licence to operate plant.

Section 1: Current licence number

• Enter the current licence number for the item of plant affected by the change.

Section 2: Reason for variation

• Tick one or more boxes to indicate the reason for the variation.
• Under Regulation 4.46, when plant is decommissioned or disposed of, the licence must be returned to the Commission.
• Enter the date of change.

Section 3: Changed information

• Tick each relevant box to indicate the information that has changed and provide the updated information.
• If the altered plant design has been registered with an Australian State or Territory occupational health and safety authority enter the new design registration number and the name of the issuing authority.
• If the altered plant design has not been registered with an 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.
  
• Under Regulation 4.48, an employer who is licensed to operate a tower crane must provide Comcare with a notification of compliance with maintenance requirement for tower cranes each time the tower crane is relocated.
• “Principal Officer” is defined in section 5 of the Occupational Health and Safety (Commonwealth Employment) 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”.

Section 4: Fee per item of plant

• A fee is payable for all forms of licence variation irrespective of which reason is ticked in section 2.
• 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 variation fee to be refunded.

Section 5: 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.
• All contact details for the applicant must be provided. All letters from Comcare will be sent to the applicant.