The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 on the basis that WorkSafe is satisfied that—

• the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to it; and
• the exemption is not inconsistent with the purpose of the Act as
  • it is not practicable for Bulk Storage Terminals Ltd to comply with the prescribed separation distances for stationary tanks containing class 3.1A or 3.1B substances without significant disruption to operations disproportionate to the risks presented; and
  • adequate mitigations are in place to ensure that the risks associated with the reduced separation distance are no greater than what would be present in a compliant situation, in addition to further proposed upgrades to the water capacity at the site; and
  • the capacity of the cooling water systems within Bund 5 meets the application rates required under AS 1940:2017: Flammable & Combustible Liquids Storage standard based on the actual distances between the tanks.
• this is a situation where there is good reason to grant an exemption under section 220(1).

The exemption comes into effect on 4 June 2026 and expires on 4 June 2031 unless it is replaced sooner or revoked.