What should transit depots do if hazardous substances consignments aren’t cleared within the statutory period?

We’re aware that due to access issues caused by Cyclone Gabrielle it’s unlikely all hazardous substances sent via transit depots (including ports) will be able to be cleared within their statutory 3-day period.

PCBUs that operate a transit depot may need to hold hazardous substances for longer than 3 days due to access issues caused by Cyclone Gabrielle. You must continue to comply with all other requirements set out in the Health and Safety at Work Act 2015 and the Health and Safety at Work (Hazardous Substance) Regulations 2017. This includes maintaining appropriate separation distances between incompatible substances.

We’re unlikely to prioritise enforcement action against transit depots holding hazardous substances longer than their statutory periods, where access issues caused by Cyclone Gabrielle are the only reason the substance is being held. If we do decide to act, our response will reflect the risk gap.