Health and Safety at Work (Hazardous Substances) Regulations 2017

Subpart 19—Additional and modified requirements

17.105 Additional and modified requirements for stationary tanks

(1)

This regulation applies to a stationary tank if the Minister approves a safe work instrument in relation to stationary tanks for the purposes of this regulation.

(2)

The Minister may approve a safe work instrument for the purposes of this regulation if satisfied that compliance with the provisions of these regulations that apply to stationary tanks will not appropriately control risk associated with stationary tanks.

(3)

In deciding whether to approve a safe work instrument for the purposes of this regulation, the Minister must have regard to the following matters:

(a)

whether compliance with the provisions of these regulations being considered will eliminate or minimise relevant risk so far as is reasonably practicable:

(b)

whether it is practicable for relevant duty holders to comply with those provisions:

(c)

whether compliance with a modified form of those provisions, or with additional or alternative requirements, would be more practicable and no less effective in eliminating or minimising risk:

(d)

whether a modified form of those provisions, or additional or alternative requirements, would be more appropriate to the nature of the hazards and risk being considered.

(4)

A safe work instrument approved for the purposes of this regulation may—

(a)

set out any additional requirements that apply to the installation, operation, testing, inspection, or compliance certification of a stationary tank:

(b)

state which PCBUs are required to comply with each additional requirement:

(c)

state which provisions of these regulations are to apply to stationary tanks in a way that is modified by the instrument.

(5)

A PCBU identified under subclause (4)(b) must ensure that any additional requirement relating to stationary tanks is complied with.

(6)

A provision of these regulations that is modified under subclause (4)(c) by a safe work instrument approved for the purposes of this regulation applies, and must be complied with, as modified.

(7)

A PCBU who contravenes subclause (5) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

(8)

In this regulation,—

additional requirement means a new requirement set out in a safe work instrument approved for the purposes of this regulation

appropriately control, in relation to risk, means the risk is eliminated or minimised so far as is reasonably practicable

modified, in relation to a provision of these regulations, means the safe work instrument has the effect of—

(a)

varying, replacing, or deleting a requirement in the provision; or

(b)

providing an alternative means of complying with a requirement in the provision.