Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
Regulations 1 to 3 give the Title and commencement date of these regulations and identify the principal regulations being amended.
Regulation 4 amends regulation 3 (interpretation) by inserting new definitions, including definitions of above ground stationary container, below ground stationary container (relocated from regulation 17.101), and retail shop (relocated from regulation 11.1).
Regulation 5 makes a minor amendment to regulation 10(3) to clarify the reference to incompatibility.
Regulation 6 amends regulation 1.9 to incorporate the provisions of regulation 8.7 in amended form. Regulation 1.9 now provides fully for the limited application of the principal regulations to an ethanol-water dilution that is intended for drinking.
Regulation 7 replaces regulation 4.2(3). New regulation 4.2(3) provides for when a compliance certificate as a certified handler comes into force.
Regulation 8 amends regulation 5.3(3) in relation to the fire suppression equipment that is required, as an alternative to a fire extinguisher, for LPG, propane, butane, or isobutane.
Regulation 11 amends regulation 10.30, primarily by replacing subclause (6). New subclause (6) sets out more fully the circumstances to which regulation 10.30 does not apply, including in relation to large farms, unattended tank wagons, and stationary container systems. This amendment is related to amendments made to regulations 16.41 and 17.99.
Regulation 13 amends regulation 11.7 in relation to the way tank fill transfer points are referred to.
Regulation 14 makes a minor amendment to regulation 11.11 to correct a reference to a safety standard.
Regulation 15 makes a minor consequential amendment to regulation 11.15 to correct a reference to a “transfer point”
(see new definition of tank fill transfer point inserted in regulation 11.1).
Regulation 17 makes amendments to regulation 11.17 in relation to the maximum quantities of class 3.1 hazardous substances that may be held in different kinds of buildings.
Regulation 18 makes minor amendments to regulation 11.21, including clarification that a tank fill transfer point is not necessarily connected to an above ground stationary tank, transportable container, or tank wagon.
Regulation 19 makes a minor amendment to regulation 11.22 clarifying the first reference to the cylinder filling station.
Regulation 22 makes a minor amendment to regulation 11.29 to correct a reference to a safety standard.
Regulation 23 makes minor amendments to regulation 11.32, including correcting references to retail shops.
Regulation 25 makes a minor consequential amendment to regulation 11.35 to correct a reference to a “transfer point”
(see new definition of tank fill transfer point inserted in regulation 11.1).
Regulation 26 makes amendments to regulation 11.37 in relation to the maximum quantities of class 3.1 hazardous substances that may be held in different kinds of buildings.
Regulation 30 amends regulation 13.9 to provide for when that regulation does not apply to specified toxic agents. This amendment is related to the amendment made to regulation 13.19.
Regulation 33 amends regulation 13.29 to clarify references to the relevant substances and to incompatibility.
Regulation 34 amends regulation 13.30 to clarify the reference to pooling substances.
Regulation 36 amends regulation 13.41 to provide that reduced minimum separation distances may apply to protected places that are on-site. This allows a PCBU to avoid high costs of redesigning the workplace for minimal safety gains. The reduced requirement is safeguarded as it applies only if, under new regulation 13.43A, WorkSafe determines that proposed alternative controls are appropriate and specifies the reduced minimum separation distances that are to apply. The effect of these amendments aligns with best practice Australian standards. The amendment constitutes an exemption and the reasons stated are the reasons for the exemption (see section 211(2) of the Health and Safety at Work Act 2015).
Regulation 37 makes minor amendments to regulation 13.42 for clarification and consistency.
Regulation 38 amends regulation 13.43 to provide that reduced minimum separation distances may apply to protected places that are on-site. This allows a PCBU to avoid high costs of redesigning the workplace for minimal safety gains. The reduced requirement is safeguarded as it applies only if, under new regulation 13.43A, WorkSafe determines that proposed alternative controls are appropriate and specifies the reduced minimum separation distances that are to apply. The effect of these amendments aligns with best practice Australian standards. The amendment constitutes an exemption and the reasons stated are the reasons for the exemption (see section 211(2) of the Health and Safety at Work Act 2015).
Regulation 39 inserts new regulation 13.43A, which authorises WorkSafe, on application, to determine that alternative control measures proposed by a PCBU are appropriate for the purposes of new regulations 13.41(1B) and 13.43(3B).
Regulation 40 revokes regulation 15.4(2), the subject-matter of which is now addressed in new regulation 15.4A.
Regulation 41 inserts new regulation 15.4A, which provides a process by which a PCBU may apply for the approval of the alteration of the design of a gas container for the purposes of regulation 15.4.
Regulation 42 amends regulation 15.16 by exempting applications for certain compliance certificates from some of the application requirements in subclause (3). The effect of the exemption is to make it easier for a PCBU to import low-pressure fire extinguishers if they meet quality assurance requirements specified in the their design. The amendment constitutes an exemption and the reasons stated are the reasons for the exemption (see section 211(2) of the Health and Safety at Work Act 2015).
Regulation 44 makes minor clarifying amendments and corrections to regulation 16.22.
Regulation 47 amends regulation 16.41 to clarify the circumstances in which a tank wagon may be left unattended for a limited time.
Regulation 48 amends regulation 17.2 to update the definition of a standard.
Regulation 49 amends regulation 17.6 to insert references to a standard as a further means of complying with that regulation.
Regulation 50 amends regulation 17.7 to correct a reference to a safety standard.
Regulation 51 amends regulation 17.8 to correct a reference to a safety standard.
Regulation 53 amends regulation 17.28, including to provide different separation requirements for class 6.1D substances.
Regulation 55 amends regulation 17.32 to correct a reference to a safety standard.
Regulation 56 amends regulation 17.40 to correct a reference to a safety standard.
Regulation 57 amends regulation 17.42 to correct a reference to a safety standard.
Regulation 58 amends regulation 17.57, including by inserting new subclause (6A), which provides for circumstances in which subclause (5) does not apply.
Regulation 59 amends regulation 17.64 to provide a further means of complying with requirements for the location of a service tank in a building.
Regulation 60 amends regulation 17.73 to correct a reference to a safety standard.
Regulation 61 amends regulation 17.74 to correct references to a standard and by inserting a reference to a further standard as an additional means of ensuring that a fire stop valve is fire safe.
Regulation 62 makes minor amendments to regulation 17.75, including to correct references to safety standards and by inserting a reference to a further safety standard as an additional means of ensuring that a valve is fire safe.
Regulation 63 amends regulation 17.80 to expand the extent of the compliance of stationary container systems that must be described in records about those systems.
Regulation 64 amends regulation 17.92 to correct a reference to a safety standard.
Regulation 65 amends regulation 17.99, primarily by replacing subclause (6). New subclause (6) sets out more fully the circumstances to which regulation 10.30 does not apply, including in relation to large farms. This amendment is related to amendments made to regulation 10.30.
Regulation 67 and the Schedule amend a number of schedules of the principal regulations.
Schedule
Amendments to Schedule 1
Clause 11
Clause 11 is amended as follows:
amendments to clause 11—
describe more clearly the cylinders and the above ground stationary tanks, transportable containers, and tank wagons that clause 11 applies to:
ensure that clause 11 also applies to any tank fill transfer points connected to any above ground stationary tanks:
clarify the reduced requirements for separation distances:
further reduce the safety features of intervening walls. This reduction removes a compliance burden without any reduction in safety because it applies only to PCBUs who have already met the requirements of the licence they hold under the Dangerous Goods Act 1974. The amendment constitutes an exemption and the reasons stated are the reasons for the exemption (see section 211(2) of the Health and Safety at Work Act 2015).
New clause 38A
New clause 38A is inserted. It provides that regulation 17.57 (installation of stationary container system) does not apply to pre-existing small stationary container systems in engines used for horticulture or viticulture. This exemption relieves PCBUs in those sectors from the burden of altering engines, that have been in use for a significant period of time, at a cost that is highly disproportionate to any increase in safety that might result. The amendment constitutes an exemption and the reasons stated are the reasons for the exemption (see section 211(2) of the Health and Safety at Work Act 2015):
New Part 2
New Part 2 of Schedule 1 is inserted. It contains new provisions (similar to clause 11) that reduce separation requirements for a specified category of installations:
new clause 53 reduces the separation requirements for above ground stationary tanks that are unlicensed but were installed before 2 September 2010. The exemption relieves PCBUs from the burden of otherwise costly compliance. As the reduced requirements are sufficient, safety is not compromised. The amendment constitutes an exemption and the reasons stated are the reasons for the exemption (see section 211(2) of the Health and Safety at Work Act 2015):
new clause 54 reduces the requirements for specified cylinder filling stations that were licensed under the Dangerous Goods Act 1974 before 1 April 2004. The exemption relieves PCBUs from the burden of otherwise costly compliance. As the reduced requirements are sufficient, safety is not compromised. The amendment constitutes an exemption and the reasons stated are the reasons for the exemption (see section 211(2) of the Health and Safety at Work Act 2015):
these provisions apply from the commencement of these amending regulations.
Amendment to Schedule 2
Amendment to Schedule 7
Schedule 7 is amended by replacing some items in table 1 of that schedule.
Amendment to Schedule 8
Schedule 8 is amended by replacing table 1 of that schedule.
Amendments to Schedule 15
Schedule 15 is amended by deleting references to materials in the headings and by making editorial amendments to a number of references to substances.
Amendments to Schedule 17
Schedule 17 is amended by replacing specified columns of figures in the tables of that schedule.
Amendments to Schedule 25
Schedule 25 is amended by replacing specified columns of figures in tables 1 and 2, and amending a column heading in table 3, of that schedule.