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Completing a Variation to a Licence to Operate Plant

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

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.

If during the period of the licence your employer alters, relocates, decommissions or disposes of an item of plant, or there has been a change to the employer’s name, your employer must apply to the SRCC for a variation to the current licence in accordance with Regulation 4.46. Under Regulation 4.46, an application for a variation needs to be submitted within 21 days of your employer becoming aware of the change.

Please read Regulation 4.46 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 variation to a licence?

To apply to the SRCC for a variation to a licence, complete the application form, Variation to a Licence to Operate Plant (Regulation 4.46), and submit it to Comcare. Details for submitting the application are listed further down.

How do I complete the application form?

The following information will help you complete the form.

Section 1: Current licence number

Enter the current licence number of the item of plant.

Section 2: Applicant's details

Enter your details (i.e. the person making the application).

Please note:

1. You must have the written authorisation of the Principal Officer (see below) to sign the declaration at Section 6. You should read the declaration before proceeding.

2. 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.

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 administered by Comcare. For more information, refer to the applicant’s statement of consent at Section 6.

Section 3: Reason for variation

Tick one or more boxes to indicate the reason for the variation and enter the date the variation took effect.

Please note:

When plant is decommissioned or disposed of, the licence must be returned to the SRCC. Comcare will suspend processing the application if the plant licence is not attached to the application form or an explanation for its absence is not provided.

Section 4: Changed information

Tick each relevant box to indicate the information that has changed and provide the updated information.
If there has been a change to the name of your employer, enter the new name.
If there has been a change to the plant’s design, and 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 there has been a change to the plant’s location, tick the box to indicate if the plant is normally fixed or mobile and enter the new location. For mobile plant, this is the depot or other place where the item is usually kept when not in use.

Please note:

1. Your employer must not use plant, or allow employees to use plant, if it has not had its 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

2. If your employer is licensed to operate a tower crane, you must provide Comcare with a notification of compliance with maintenance requirement for tower cranes each time the tower crane is relocated under Regulation 4.48. The notification of compliance must be submitted in addition to the application for a variation.

Section 5: Fee per item of plant

Tick the box to indicate the method of payment.
If you are paying by credit card, complete the credit card details and sign the form.

Please note:

1. A fee is payable per licence variation, irrespective of the type of variation indicated at Section 3.

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

Section 6: 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.

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 a Variation to a Licence to Operate Plant' is also available here.