The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 (the Act) 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;
  1. the use of tertiary containment to increase the existing secondary containment capacity means that the likelihood of a spill exceeding the aggregate capacity of both containment systems is extremely low; and
  2. conditions on the exemption will prevent the mixing of incompatible substances and materials and ensure the ongoing working integrity of the containment systems, meaning that
  3. there should be no less a level of health and safety protection to workers and other persons on site from the shortfall in secondary containment; and
• this is a situation where there is good reason to grant an exemption under section 220(1) of the Act.

The exemption takes effect on 5 March 2026 and expires on 5 March 2031 unless it is sooner replaced or revoked.