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Completing an Application for a New Licence to Operate Plant

Why is a licence to operate plant required?

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

An item of plant listed in Part 2 of Schedule 6 of the Occupational Health and Safety (Safety Standards) Regulations 1994 (the Regulations) cannot be operated unless a licence to operate that item has been issued by the Safety, Rehabilitation and Compensation Commission (SRCC) under Regulation 4.43.

Your employer’s responsibilities regarding licensing of plant, or renewal of an existing licence, are set out in Regulations 4.40, 4.41, 4.42, 4.44 and 4.45. Please read these before starting your application. You can find a copy of the Regulations at www.comlaw.gov.au.

How do I apply to the SRCC for a new licence to operate plant?

To apply to the SRCC for a new licence, complete and submit the application form, New Licence to Operate Plant (Regulation 4.41) to Comcare. For applications containing more than 10 items, the multiple application form may be more convenient. To obtain a copy, visit the plant licensing, registration and notification page of our website. Details for submitting the application are listed further down.

Please be aware that applicants seeking to licence an item of plant for the first time, and applicants renewing an expired licence, must complete an application form for a new licence to operate plant. The information provided must be sufficient to uniquely identify a plant item, even if it is co-located with a number of similar items.

What type of plant requires a licence to operate?

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
(b) LP gas fuel vessels for automotive use mentioned in AS/NZS 3509:2003 LP gas fuel vessels for automotive use
(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?

Your employer is 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 you have obtained evidence from the supplier as required under Regulation 4.40A.

Under Regulation 4.40A, Regulation 4.40 does not apply if:

a) you hired the item of plant for less than 12 months
b) for an item of plant mentioned in Regulation 4.07A, you obtain evidence from the supplier that the item of plant:

i. and the design for that type of plant, are registered under a law of the state or territory in which the supplier operates
ii. will continue to be registered under the law of the state or territory for the period of hire
iii. complies with the requirements of the law of the state or territory
iv. has been inspected and maintained in accordance with the requirements of the law of the state or territory

c) you inspected the item of plant before hiring it.

How do I complete the application form?

The following information will help you complete the form.

Section 1: Licence number

For previously unlicensed plant, please leave this field blank.
For expired licences, enter the previous plant licence number (if known).

Section 2: Employer and applicant details

Enter the details of your employer, including the title of the Principal Officer.
Enter your details (i.e. the person making the application).

Please note:

1. The meaning of 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.

2. You must have the written authorisation of the Principal Officer to sign the declaration at Section 8. You should read the declaration before proceeding.

3. Personal information collected by Comcare in connection with the application will be used for the purpose of administering the Safety Standards Regulations, as well as the enforcement and administration of other legislation we administer. For more information, refer to the applicant’s statement of consent at Section 8.

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 more information about:

items of plant requiring registration or notification of design—see Part 1 of Schedule 6 of the Regulations
items of plant requiring a licence—see Part 2 of Schedule 6 of the Regulations
determining the type of plant design to be registered or notified—see Part 20 (Definitions) of the Regulations
identifying the appropriate hazard level of plant items—see the Unfired Pressure Vessel Assessor on the Comcare website
items of plant—see Schedule 5 of the Regulations for Australian Standards.

Section 4: Plant item identification

Enter the name of the manufacturer, date of manufacture, model number, serial number, vehicle registration number (if applicable) and any owner identification markings (such as organisation bar code or unique plant number) for the item of plant.
Enter the design registration number and the name of the issuing authority (e.g. Work Safe Victoria, Work Cover New South Wales, etc). If the item was designed after 1 July 1996, evidence of registration must be provided.
Tick yes or no to indicate if the plant design has been altered since registration. If the design has been altered, please ensure you re-register the design with an Australian state or territory occupational health and safety authority before entering the registration details. You will be unable to proceed with the application if you tick yes.

Please note:

1. If the plant item was designed after 1 July 1996, and there is no evidence of design registration with any Australian state or territory occupational health and safety authority, please ensure the design is registered with a state or territory authority before entering the registration details. You will be unable to proceed with the application if you do not provide evidence of registration.

2. If the plant item was manufactured after 1 July 1996, and proof can be provided that it was designed prior to this date, the design registration details do not need to be provided. However, if there has been any alteration to the design of the item after 1 July 1996, evidence of registration must still be provided.

3. Your employer must not use plant, or allow employees to use plant, if the plant has not been design registered following an alteration to the design under Regulation 4.54. For more information, call 1300 366 979 or email the plant helpdesk at ohs.plant@comcare.gov.au

Section 5: Plant location

Tick one box to indicate whether the plant item is fixed or mobile.
Enter the location of the plant. For mobile plant, this is the depot or other place where the item is usually kept when not in use.

Section 6: Statement by Employer

Tick yes or no to indicate if the item has been inspected by a competent person and is safe to operate.

Please note:

1. 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.

2. The statement by your employer, advising the SRCC that the item of plant has been inspected by a competent person and is safe to operate, must be provided. You will be unable to proceed with the application if the statement is not verified.

Section 7: Fee per item of plant

Tick the box to indicate the method of payment and the licence period (i.e. two or four years).
If you are paying by credit card complete the credit card details and sign the form.

Please note:

1. The fee for a four year licence may be paid in two equal instalments, the first no later than 14 days after the letter granting the licence, and the remainder on the second anniversary of the granting of the licence.

2. There is no facility under the Regulations for a licence renewal fee to be refunded.

Section 8: Consent and declaration by applicant

Carefully read the statement of consent.
Complete, sign and date the declaration.

Please note:

1. By signing the declaration, you agree to take responsibility for managing the plant item on behalf of the Principal Officer.

2. Correspondence from Comcare regarding the plant licence will be addressed to you. Ensure the contact details provided at Section 2 are correct.

What are my obligations as a licensee?

Please be aware that licence holders have the following obligations in regard to an application for a new licence to operate plant:

If your employer becomes aware of the alteration, relocation, decommissioning or disposal of an item of plant or change to their name, you must apply to Comcare for a variation to a licence to operate plant within 21 days under Regulation 4.46.
Your employer must provide Comcare with a notification of compliance with maintenance requirement for plant other than tower cranes for each 12 months that you are licensed to operate the item of plant listed in Part 2 of Schedule 6 of the Regulations.
Your employer must provide Comcare with a notification of compliance with maintenance requirement for tower cranes for each 36 months you are licensed to operate a tower crane. In addition, if a tower crane is relocated, you must provide Comcare with a notification of compliance with maintenance requirement for tower cranes.
If the plant item is to be operated beyond the period of its licence, an application for renewal of licence to operate plant must be made to 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.

How do I submit the application form?

Please fax completed forms to (02) 6274 8866 or post to:

Plant Contact Officer
Comcare
GPO Box 9905
Canberra ACT 2601

The PDF version of 'Completing an Application for a New License to Operate Plant' is also available here.