15 May 2019

WorkSafe has granted an exemption to Wakefield Auto Services Limited and Rockgas Limited from compliance with Regulation 11.21 of the Health and Safety at Work (Hazardous Substances) Regulations 2017.

The application to grant an exemption has been decided as follows:

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:

1. the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to it; and
2. the exemption is not inconsistent with the purpose of the Act; and
3. the installation of a vapour barrier will mitigate the risk of the reduced separation from a public place.

This exemption takes effect on 15 May 2019 and expires on 15 May 2024 unless it is replaced sooner or revoked.

The exemption is granted to Wakefield Auto Services Limited and Rockgas Limited by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 to accept the 7500 litre above ground LPG tank (#121008) being too close to a public place.  The site plan prepared by Contact Energy Limited titled Separation Areas, drawing number WA-CZ-01, revision 1, dated 15 August 2018 forms part of this decision subject to the following conditions.

1. The Parties must construct and maintain an intervening wall between the above ground LPG tank (#121008) and the council walkway on Lot 3 DP 16542 so that-
   1. the wall is constructed of fire resistant materials; and
   2. the wall is vapour tight; and
   3. the wall is more than the greater of 1.8 metres high or 0.6 metres above the top surface of the tank; and
   4. the minimum distance measured in the horizontal plane around each end of the wall by the most direct line from the tank to the council walkway on Lot 3 DP 16542 must be no less than 5.9 metres.
   5. the wall is installed no later than 6 months from the date of this exemption taking effect.
2. The Parties must update the site plan prepared by Contact Energy Limited titled Separation Areas, drawing number WA-CZ-01, revision 1, dated 15 August 2018 to include the intervening wall described above no later than 6 months from the date of this exemption taking effect.
3. The Parties must maintain the layout of the site as shown in site plan prepared by Contact Energy Limited titled Separation Areas, drawing number WA-CZ-01, revision 1, dated 15 August 2018 (once updated as per above).
4. The Parties must ensure the area around the above ground LPG tank (#121008) is kept free of vegetation and any other obstacles that may hinder access for emergency services to access all tank fittings and to apply firefighting water to all surfaces of the tank.
5. The Parties must provide a copy of this exemption to any compliance certifier engaged to issue a location compliance certificate for the above ground tank #121008 at 67 Whitby Road, Wakefield.

A copy of this exemption document must be held on-site and must be available to authorised persons.