Health and Safety at Work (Hazardous Substances) Regulations 2017

13.43 Minimum separation between protected places and hazardous substance locations containing class 8.2A or 8.2B substances

(1)

A PCBU with management or control of a hazardous substance location containing class 8.2A or 8.2B substances in quantities exceeding the maximum quantities specified in regulation 13.38 must ensure that the substances are separated from protected places in accordance with subclauses (2) and (3).

(2)

If the location is a store where containers are opened,—

(a)

the minimum separation distance for class 8.2A substances is 10 m from a protected place:

(b)

the minimum separation distance for class 8.2B substances is 5 m from a protected place.

(3)

If the location is a store where containers remain closed,—

(a)

the minimum separation distance for class 8.2A substances is 5 m from a protected place:

(b)

the minimum separation distance for class 8.2B substances is 3 m from a protected place.

(4)

However, in any retail store to which the public has access and that holds class 8.2A or 8.2B 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.

(5)

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.