The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 (HSWA) 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 HSWA as
  1. it is not practicable to comply with the prescribed separation distance as the costs and operational disruption to relocate the filling station is disproportionate to the risk; and
  2. the mitigation measures in place such as the fire rated wall, vapour barrier and firefighting systems noted below ensure there is no increased health and safety risk to workers and others in the workplace and achieves an equivalent level of protection from the risks associated with the reduced separation; and
• this is a situation where there is good reason to grant an exemption under section 220(1).

In accordance with regulation 11.40(2) of the Health and Safety at Work (Hazardous Substances) Regulations 2017, WorkSafe has also considered –

1. the filling station is well separated from other on-site LPG storage, as in the prescribed separation distances to protected places for the filling station and that other storage do not overlap;
2. the capacity of the firefighting systems and safety controls include an automatic water deluge system and fire extinguishers at the filling station, and installation of an EDS system at the site;
3. the fire rated walls and the vapour barrier that extends from the southern wall of the filling station;
4. the design and construction requirements regarding a stationary tank are not applicable.

The exemption takes effect on 29/01/2026 and expires on 29/01/2031 unless it is sooner replaced or revoked.