WorkSafe has granted an exemption (HS2310) to Halcyon Power Limited from compliance with regulations 17.17(1)(a) and 17.17(4) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to the grouping of stationary tanks to be used for hydrogen storage at 141 Roscommon Road, Manukau City Centre, Auckland.
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 the proposed exemption; and
- the exemption is not inconsistent with the purpose of the Act; and
- this is a situation where it is necessary and appropriate to exercise discretion to grant an exemption (section 220(1)).
WorkSafe also notes that:
- the proposed assemblage of stationary tanks represents no lesser level of health and safety in relation to available hydrogen storage alternatives;
- the grouping of the stationary tanks is consistent with internationally recognised best practice and with previous similar exemptions;
- the exemption accommodates emerging technologies which were not considered when the Health and Safety at Work (Hazardous Substances) Regulations 2017 were drafted; and
- for the purpose of determining separation distances from the grouping of stationary tanks, the volume of the tanks should be aggregated and those separation distances should be measured from the outermost tank.
The exemption comes into effect 13 June 2025 and expires on 13 June 2030 unless it is replaced sooner or revoked.
Halcyon Power Limited exemption from the provisions of the Health and Safety at Work (Hazardous Substances) Regulations 2017
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