Health and Safety at Work (Hazardous Substances) Regulations 2017

13.42 Minimum separation between public places and hazardous substance locations containing packaged class 6.1 substances

(1)

A PCBU with management or control of a hazardous substance location containing packaged class 6.1A, 6.1B, or 6.1C substances in quantities exceeding the maximum quantities specified in regulation 13.38 must ensure that the substances are separated from public places in accordance with table 3 or 4 in Schedule 17.

(1A)

Subclause (1) is subject to subclauses (2) and (3).

(2)

In any retail shop to which the public has access and that holds class 6.1B or 6.1C substances for retail sale, the relevant minimum separation distance from and within the building is zero, but only while all packages containing the substances remain closed.

(3)

If a class 6.1A, 6.1B, or 6.1C substance also has a class 2.1.1, 2.1.2, 3.1A, 3.1B, or 3.1C classification,—

(a)

this regulation does not apply to that substance; and

(b)

the separation distances prescribed in Part 11 apply.

(4)

A PCBU who contravenes this regulation 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.

Regulation 13.42(1): amended, on 5 January 2022, by regulation 37(1) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.42(1A): inserted, on 5 January 2022, by regulation 37(2) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.42(2): amended, on 5 January 2022, by regulation 37(3) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).

Regulation 13.42(3): amended, on 5 January 2022, by regulation 37(4) of the Health and Safety at Work (Hazardous Substances) Amendment Regulations 2021 (SL 2021/372).