Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 367

  (1)   This regulation applies to a person conducting a business or undertaking at a workplace if:

  (a)   the person controls or manages a tank at the workplace that is underground, partially underground or fully mounded; and

  (b)   the tank was used to store flammable gases or flammable liquids.

  (2)   The tank is taken to be abandoned if:

  (a)   the tank has not been used to store flammable gases or flammable liquids for 2 years; or

  (b)   the person does not intend to use the tank to store flammable gases or flammable liquids again.

  (3)   The person must notify the regulator of the abandonment of the tank as soon as practicable after the tank is abandoned.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (4)   In this regulation:

"tank" means a container, other than an IBC designed to use, handle or store hazardous chemicals in bulk, and includes fittings, closures and other equipment attached to the container.