Work Health and Safety (High Risk Plant) Amendment Regulation 2026

The Work Health and Safety (High Risk Plant) Amendment Regulation 2026 (Amendment Regulation):

• prescribes high risk plant at non-workplace premises for the purpose of Schedule 1, Part 1 of the Work Health and Safety Act 2011 (WHS Act)
• clarifies the exclusion of lifts in private residences from the annual plant registration requirement under the Work Health and Safety Regulation 2011 (WHS Regulation)
• makes minor technical amendments regarding procedural aspects of major amusement park and demolition work licences
• makes minor technical amendments regarding respirable crystalline silica to ensure consistency with the national model WHS Regulations.

High risk plant for non-workplace premises

From 29 March 2026, section 68 of the Work Health and Safety and Other Legislation Amendment Act 2024 (WHSOLA Act) amended the definition of ‘high risk plant’ in Schedule 1, Part 1 of the WHS Act to enable high risk plant to be prescribed by regulation rather than listing types of high risk plant in the WHS Act. This was done to address inconsistencies in definitions between the WHS Act and WHS Regulation and provide greater flexibility for making future amendments should they be required. This approach is also consistent with the model WHS Act which provides for high risk plant to be prescribed by regulation.

The following types of plant are prescribed as ‘high risk plant’ for non-workplace premises:

• amusement devices
• cooling towers
• escalators
• lifts
• liquified petroleum (LP) gas cylinders.

The Amendment Regulation does not prescribe any new types of plant as ‘high risk plant’, rather it ensures that the listed types of plant continue to be regulated to protect public safety when operated at non-workplace premises.

The WHS Act and WHS Regulation apply to ‘high risk plant’ regardless of whether it is used at a workplace. This means upstream duty holders (such as designers, manufacturers, importers and suppliers) must fulfil their duties in relation to this type of plant even if the plant is not situated, operated or used at a workplace or for carrying out work.

Owners of high risk plant have duties under Chapter 12 (Public health and safety – schedule 1, part 1) of the WHS Regulation that apply to the operation or use of the plant affecting public safety.

This includes:

• ensuring, so far as is reasonably practicable, the health and safety of people who may be affected by the operation of the high risk plant
• responsibilities regarding the inspection and maintenance of the plant.

An example of this is the risk to public health and safety if cooling towers are not properly maintained due to the potential exposure to legionella bacteria and developing Legionnaires’ disease. This may affect people who live in the same building where a cooling tower is located or other people in the vicinity. The owner of a cooling tower within an air conditioning system at non-workplace premises must ensure it is maintained and inspected by a competent person.

Another example is a lift in a high-rise apartment building which is on common property and under the management or control of the body corporate for the community titles scheme for the building.

Prescribing items as ‘high risk plant’ does not affect persons conducting a business or undertaking (PCBU) with management or control of these types of plant at a workplace. The duties for these PCBUs in relation to this type of plant at the workplace or used for work remain unchanged.

Lifts in private residences and other minor amendments

The WHS Regulation has been amended to clarify that a lift does not require plant item registration if it is installed in:

• a class 1a building within the meaning of the Building Code of Australia (e.g. a house or townhouse)
• a sole-occupancy unit in a class 2 building if the lift is used to access more than 1 level of the unit (e.g. a stairlift installed in a two-level apartment).

Other minor technical amendments to the WHS Regulation provide consistency in relation to major amusement park and demolition work licensing and requirements for processing crystalline silica substances.

For further information, see Apartment owners and bodies corporate and Plant registration.