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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 92 Owner must ensure risk management plan reviewed

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 92

Owner must ensure risk management plan reviewed

    (1)     The owner of any land on which there is a cooling tower system must take all reasonable steps to ensure that the risk management plan is reviewed, and, if necessary, updated, at least once in each 12 month period.

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

    (2)     The owner of the land must also take all reasonable steps to ensure that the risk management plan is reviewed, and if necessary updated, if—

        (a)     legionella is detected in the cooling tower system on 2 or more occasions in any period of 12 months; or

        (b)     the owner of the land is given written advice by the Secretary that a case of legionnaires' disease is associated with the cooling tower system; or

        (c)     the owner of the land receives a report from the Secretary or from any person engaged by the owner of the land or the owner of the cooling tower system that control measures used in respect of the cooling tower system are inadequate or require improvement; or

        (d)     there is a significant change in—

              (i)     any of the environmental conditions under which the cooling tower system operates; or

              (ii)     the operation of the cooling tower system; or

        (e)     the owner of the land receives an audit certificate that states that the risk management plan does not address the prescribed risks.

    (3)     The owner of the land must comply with subsection (2) as soon as is practicable after the occurrence of the relevant triggering event.

Penalty:     In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.