{"id":"nsw:sl-2019-0411","name":"Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019","slug":"protection-of-the-environment-operations-underground-petroleum-storage-systems-regulation-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"411 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176580,"registerId":"nsw-nsw:sl-2019-0411-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019](/view/html/inforce/current/sl-2019-0411).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014](/view/html/repealed/current/sl-2014-0565), which is repealed on 1 September 2019 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > commission, in relation to a storage system or leak detection system, means to bring the system into use for the first time following its installation, modification or repair.\n> > \n> > current “as-built” drawings, in relation to a storage system, means drawings that depict the current configuration of the system in relation to the storage site.\n> > \n> > decommission, in relation to a storage system, means to remove the system or to render the system permanently unusable.\n> > \n> > Note.\n> > \n> > Other legislation may require the cessation of the use of certain storage systems.\n> > \n> > duly qualified person, in relation to any activity, means a person who has competence and experience in relation to that activity that is—\n> > \n> > > (a) recognised by a peak body in the relevant industry as appropriate for that activity, or\n> > \n> > > (b) recognised generally in the relevant industry as appropriate for that activity.\n> > \n> > EPA guideline means a guideline in force under clause 30.\n> > \n> > fuel system operation plan means documentation for a storage system that contains the procedures and other information required by clause 18.\n> > \n> > installation of a storage system means the original installation of the system on the storage site, and includes any work in the vicinity of the storage site necessary for the installation, and anything done to the system before it is commissioned.\n> > \n> > leak, in relation to a storage system, means any loss of petroleum from the system because it is not providing full and continuous containment of petroleum.\n> > \n> > leak detection system means a system designed to detect contamination by, or failure of, a storage system in the event of a failure in loss monitoring systems that consists of either—\n> > \n> > > (a) groundwater monitoring wells, or\n> > \n> > > (b) an alternative leak detection system.\n> > \n> > loss monitoring system for a storage system means the system referred to in clause 18(2)(a) as included in the fuel system operation plan for the system.\n> > \n> > modification of a storage system includes any upgrade, extension, alteration or replacement of the system, or any component of the system, but does not include—\n> > \n> > > (a) anything done to the system before it is first commissioned, or\n> > \n> > > (b) anything done to the system after it is decommissioned, or\n> > \n> > > (c) anything done to the system as part of routine maintenance (including any repairs to the system that are done in the course of regular scheduled upkeep of the system), or\n> > \n> > > (d) anything done to the system before 1 June 2008, or\n> > \n> > > (e) anything done to a storage site, or any building on a storage site, that does not directly affect the system.\n> > \n> > modified storage system means a storage system that has been modified.\n> > \n> > person responsible for a storage system—see clause 4.\n> > \n> > petroleum means any fuel that consists predominantly of a mixture of hydrocarbons, whether or not the fuel includes additives (such as ethanol), and includes used oil.\n> > \n> > Note.\n> > \n> > Clause 5 provides that this Regulation does not apply to a liquefied petroleum gas storage system.\n> > \n> > significant modification of a storage system means any modification to the system that results in—\n> > \n> > > (a) the replacement of the whole of the system, or\n> > \n> > > (b) the replacement of a half or more of the tanks in the system.\n> > \n> > storage site of a storage system means the premises (or the part of the premises) in or on which the system is situated.\n> > \n> > storage system means a system of tanks, pipes, valves and other equipment that is designed—\n> > \n> > > (a) to contain petroleum, or\n> > \n> > > (b) to control the passage of petroleum into, out of, through or within the system,\n> > \n> > and includes any structure through which petroleum routinely passes from one part of the system to another.\n> > \n> > the Act means the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156).\n> > \n> > use a storage system includes allow petroleum to remain in the system.\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> > \n> > For example, appropriate regulatory authority is defined in section 6 of the Act. When this Regulation commenced, the EPA was the appropriate regulatory authority for matters arising under this Regulation in relation to some existing notices, directions or requirements: see clause 91 of the [Protection of the Environment Operations (General) Regulation 2009](/view/html/repealed/current/sl-2009-0211). Otherwise the default position in section 6 of the Act had effect.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of “person responsible” for a storage system","content":"#### 4 Meaning of “person responsible” for a storage system\n\n4 Meaning of “person responsible” for a storage system\n\n> In this Regulation, person responsible for a storage system means—\n> \n> > (a) if the storage system has not yet been commissioned—the person who has management and control of the storage system, or\n> \n> > (b) if the storage system is in use—the person who has management and control of the storage system, or\n> \n> > (c) if the storage system is no longer in use but has not been decommissioned—\n> > \n> > > (i) the person who had management and control of the storage system immediately before the storage system ceased to be used, or\n> > \n> > > (ii) if that person cannot be located—the person who owns the land on which the storage system is located.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Regulation","content":"#### 5 Application of Regulation\n\n5 Application of Regulation\n\n> This Regulation applies to all storage systems other than the following—\n> \n> > (a) a storage system whose tanks are situated wholly above ground, together with any associated pipes, valves and other equipment (whether situated above or below ground),\n> \n> > (b) a sump, separator, stormwater or wastewater collection system, catchment basin, pit, septic tank or other like structure (unless petroleum routinely passes through the structure from one part of a storage system to another),\n> \n> > (c) a bunded tank situated below ground level but not in the ground (such as in a basement, cellar or tunnel),\n> \n> > (d) a liquefied petroleum gas storage system.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Commissioning of storage systems","content":"# Part 2 Commissioning of storage systems\n\nPart 2 Commissioning of storage systems","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Installation of new storage systems","content":"## Division 1 Installation of new storage systems\n\nDivision 1 Installation of new storage systems","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"New system not to be commissioned unless properly designed","content":"#### 6 New system not to be commissioned unless properly designed\n\n6 New system not to be commissioned unless properly designed\n\n> The person responsible for a storage system must not commission the system, or authorise or permit the commissioning of the system, unless—\n> \n> > (a) the system has been designed by a duly qualified person, and\n> \n> > (b) the person by whom the system has been designed has provided the person responsible for the system with—\n> > \n> > > (i) a list of the industry standards that have been followed in connection with the design of the system, and\n> > \n> > > (ii) a copy of the design specifications for the system.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"New system not to be commissioned unless properly installed","content":"#### 7 New system not to be commissioned unless properly installed\n\n7 New system not to be commissioned unless properly installed\n\n> The person responsible for a storage system must not commission the system, or authorise or permit the commissioning of the system, unless—\n> \n> > (a) the system has been installed by a duly qualified person, and\n> \n> > (b) the person by whom the system has been installed has provided the person responsible for the system with—\n> > \n> > > (i) a list of the industry standards that have been followed in connection with the installation of the system, and\n> > \n> > > (ii) a copy of the installation specifications for the system, and\n> > \n> > > (iii) current “as-built” drawings for the system.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"New system not to be commissioned unless properly equipped","content":"#### 8 New system not to be commissioned unless properly equipped\n\n8 New system not to be commissioned unless properly equipped\n\n> The person responsible for a storage system must not commission the system, or authorise or permit the commissioning of the system, unless—\n> \n> > (a) the system includes the equipment required by AS 4897–2008: The design, installation and operation of underground petroleum storage systems, as in force from time to time, and\n> \n> > (b) a leak detection system is installed on the storage site in accordance with Part 3.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Equipment integrity test to be performed","content":"#### 9 Equipment integrity test to be performed\n\n9 Equipment integrity test to be performed\n\n> The person responsible for a storage system must not commission the system, or authorise or permit the commissioning of the system, unless—\n> \n> > (a) an equipment integrity test of the system has been carried out in accordance with the written directions of a duly qualified person, and\n> \n> > (b) the system has been certified, by the person by whom the test was carried out, as having satisfied the test, and\n> \n> > (c) the person responsible has been provided with the certificate and the results of the equipment integrity test.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Modification of storage systems","content":"## Division 2 Modification of storage systems\n\nDivision 2 Modification of storage systems","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Modified system not to be commissioned unless properly designed","content":"#### 10 Modified system not to be commissioned unless properly designed\n\n10 Modified system not to be commissioned unless properly designed\n\n> The person responsible for a modified storage system must not commission the system, or authorise or permit the commissioning of the system, unless—\n> \n> > (a) the modification has been designed by a duly qualified person, and\n> \n> > (b) the person by whom the modification has been designed has provided the person responsible for the system with—\n> > \n> > > (i) a list of the industry standards that have been followed in connection with the design of the modification, and\n> > \n> > > (ii) a copy of the design specifications for the modification.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Modified system not to be commissioned unless properly installed","content":"#### 11 Modified system not to be commissioned unless properly installed\n\n11 Modified system not to be commissioned unless properly installed\n\n> The person responsible for a modified storage system must not commission the system, or authorise or permit the commissioning of the system, unless—\n> \n> > (a) the modification has been implemented by a duly qualified person, and\n> \n> > (b) the person by whom the modification has been implemented has provided the person responsible for the system with—\n> > \n> > > (i) a list of the industry standards that have been followed in connection with the implementation of the modification, and\n> > \n> > > (ii) a copy of the implementation specifications for the modification, and\n> > \n> > > (iii) current “as-built” drawings for the system.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Modified system not to be commissioned unless properly equipped","content":"#### 12 Modified system not to be commissioned unless properly equipped\n\n12 Modified system not to be commissioned unless properly equipped\n\n> > (1) The person responsible for a modified storage system must not commission the system, or authorise or permit the commissioning of the system, unless—\n> > \n> > > (a) the system includes the equipment required by AS 4897–2008: The design, installation and operation of underground petroleum storage systems, as in force from time to time, and\n> > \n> > > (b) a leak detection system is installed on the storage site in accordance with Part 3.\n> > \n> > Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).\n> \n> > (2) Subclause (1)(a) does not require a system commissioned before 1 June 2008 to include the equipment referred to in that paragraph unless the modification is a significant modification.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Equipment integrity test to be performed","content":"#### 13 Equipment integrity test to be performed\n\n13 Equipment integrity test to be performed\n\n> > (1) The person responsible for a modified storage system must not commission the system, or authorise or permit the commissioning of the system, unless—\n> > \n> > > (a) an equipment integrity test of the system has been carried out in accordance with the written directions of a duly qualified person, and\n> > \n> > > (b) the system has been certified, by the person by whom the test was carried out, as having satisfied the test, and\n> > \n> > > (c) the person responsible has been provided with the certificate and the results of the equipment integrity test.\n> > \n> > Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).\n> \n> > (2) The person responsible for a modified storage system must not reuse a tank for the system before the system is recommissioned, or authorise or permit the reuse of a tank before the system is recommissioned, unless—\n> > \n> > > (a) an equipment integrity test of the tank has been carried out in accordance with the written directions of a duly qualified person, and\n> > \n> > > (b) the tank has been certified, by the person by whom the test was carried out, as having satisfied the test, and\n> > \n> > > (c) the person responsible has been provided with the certificate and the results of the equipment integrity test.\n> > \n> > Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Repair of storage systems","content":"## Division 3 Repair of storage systems\n\nDivision 3 Repair of storage systems","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Equipment integrity test to be performed","content":"#### 14 Equipment integrity test to be performed\n\n14 Equipment integrity test to be performed\n\n> The person responsible for a storage system that has been repaired following the discovery of a leak in the system must not commission the system, or authorise or permit the commissioning of the system, unless—\n> \n> > (a) an equipment integrity test of the system has been carried out in accordance with the written directions of a duly qualified person, and\n> \n> > (b) the system has been certified, by the person by whom the test was carried out, as having satisfied the test, and\n> \n> > (c) the person responsible has been provided with the certificate and the results of the equipment integrity test.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Leak detection systems","content":"# Part 3 Leak detection systems\n\nPart 3 Leak detection systems","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Storage system to have leak detection system","content":"#### 15 Storage system to have leak detection system\n\n15 Storage system to have leak detection system\n\n> > (1) The person responsible for a storage system must not use the storage system, or authorise or permit the use of the storage system, unless a leak detection system has been installed on the storage site in accordance with this clause.\n> > \n> > Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).\n> \n> > (2) In the case of a leak detection system consisting of groundwater monitoring wells, the number and location of the wells to be installed on a storage site is to be determined by a duly qualified person with a view to maximising the likelihood that the wells will intercept contaminated groundwater, whatever the groundwater flow conditions.\n> \n> > (3) In the case of an alternative leak detection system, that system is to be endorsed by a duly qualified person as being an appropriate system for leak detection for the storage site.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Leak detection system not to be installed unless properly designed","content":"#### 16 Leak detection system not to be installed unless properly designed\n\n16 Leak detection system not to be installed unless properly designed\n\n> The person responsible for a storage system must not install a leak detection system on the storage site, or authorise or permit the installation of a leak detection system on the site, unless—\n> \n> > (a) the leak detection system has been designed by a duly qualified person, and\n> \n> > (b) in the case of a groundwater monitoring well—the person by whom the well has been designed has provided the person responsible for the storage system with a list of the industry standards that have been followed in connection with the design of the well.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Storage system not to be used unless leak detection system properly installed","content":"#### 17 Storage system not to be used unless leak detection system properly installed\n\n17 Storage system not to be used unless leak detection system properly installed\n\n> The person responsible for a storage system located on a storage site on which a leak detection system has been installed must not use the storage system, or authorise or permit the use of the storage system, unless—\n> \n> > (a) the leak detection system has been installed by a duly qualified person, and\n> \n> > (b) in the case of a groundwater monitoring well—\n> > \n> > > (i) the well has been sealed to exclude surface water, and\n> > \n> > > (ii) the well is clearly marked to indicate its presence and is properly secured, and\n> > \n> > > (iii) the person responsible for the storage system has been provided, by the installer of the well, with a list of the industry standards that have been followed in connection with the installation of the well, and\n> \n> > (c) in the case of an alternative leak detection system—\n> > \n> > > (i) that system has been installed in accordance with EPA guidelines, and\n> > \n> > > (ii) the person responsible for the storage system has been provided, by the installer of the alternative leak detection system, with the information about that system that is specified by EPA guidelines, and\n> \n> > (d) the person responsible for the storage system has been provided, by the installer of the leak detection system, with the following—\n> > \n> > > (i) a leak detection system report prepared, in accordance with the EPA guidelines, in relation to the leak detection system,\n> > \n> > > (ii) a testing procedure prepared in relation to the leak detection system.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Use of storage systems","content":"# Part 4 Use of storage systems\n\nPart 4 Use of storage systems","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Storage system not to be used unless fuel system operation plan documentation in place","content":"#### 18 Storage system not to be used unless fuel system operation plan documentation in place\n\n18 Storage system not to be used unless fuel system operation plan documentation in place\n\n> > (1) The person responsible for a storage system must not use the storage system, or authorise or permit the use of the storage system—\n> > \n> > > (a) unless a fuel system operation plan that complies with this clause is in place in relation to the storage system, and\n> > \n> > > (b) otherwise than in accordance with that plan.\n> > \n> > Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).\n> \n> > (2) A storage system’s fuel system operation plan must include—\n> > \n> > > (a) a loss monitoring system for the storage system, and\n> > \n> > > (b) an incident management procedure that sets out the procedures to be followed in dealing with any leaks and spills of petroleum from the system, and\n> > \n> > > (c) a maintenance schedule that includes details of what maintenance is proposed to be carried out, and when, in relation to the system generally and in relation to the various gauges, indicators, leak detection systems and other measuring instruments in the system, and\n> > \n> > > (d) the current “as-built” drawings for the system, and\n> > \n> > > (e) a plan of the storage site that includes the locations of each of the following—\n> > > \n> > > > (i) the storage system,\n> > > \n> > > > (ii) all buildings and associated infrastructure,\n> > > \n> > > > (iii) all fences and gates,\n> > > \n> > > > (iv) all groundwater monitoring wells (including any codes or symbols by which they are designated),\n> > > \n> > > > (v) any unsealed ground surfaces,\n> > > \n> > > > (vi) all drainage and services, and\n> > \n> > > (f) a copy of each list of industry standards that have been followed in connection with each of the following—\n> > > \n> > > > (i) the design of the system,\n> > > \n> > > > (ii) the installation of the system,\n> > > \n> > > > (iii) the design of any modification,\n> > > \n> > > > (iv) the implementation of any modification, and\n> > \n> > > (g) a copy of each of the following specifications—\n> > > \n> > > > (i) the design specifications for the system,\n> > > \n> > > > (ii) the installation specifications for the system,\n> > > \n> > > > (iii) the design specifications for any modification,\n> > > \n> > > > (iv) the implementation specifications for any modification, and\n> > \n> > > (h) an inventory of employee site induction and incident management training that has been undertaken on the site, and\n> > \n> > > (i) the information required by subclause (3).\n> \n> > (3) The information to be included in the fuel system operation plan for a storage system is as follows—\n> > \n> > > (a) the name of the person responsible for the system and an address for service and a 24 hour contact phone number for that person,\n> > \n> > > (b) if the person responsible for the relevant storage system is a corporation—\n> > > \n> > > > (i) the name of a natural person who is authorised to act on behalf of the corporation in relation to the control of the system, and\n> > > \n> > > > (ii) a 24 hour contact phone number for that person,\n> > \n> > > (c) the street address of the storage site,\n> > \n> > > (d) the land title particulars (such as the lot and DP numbers) of the land on which the system is situated,\n> > \n> > > (e) if the person responsible for the system is not the owner of the storage site, the name of the owner,\n> > \n> > > (f) details of access to, and the security of, the system, including details of any locks, gates, fences and the like and the means of opening them,\n> > \n> > > (g) the location of all records kept in accordance with Part 5 or 6 (including leak detection system reports).\n> \n> > (4) A loss monitoring system for a storage system (referred to in subclause (2)(a)) must be designed by a duly qualified person in accordance with EPA guidelines to measure discrepancies between—\n> > \n> > > (a) the amount of petroleum that should be present in the system, and\n> > \n> > > (b) the amount of petroleum that is actually present in the system,\n> > \n> > so as to be capable of detecting losses of petroleum.\n> \n> > (5) The absence, in relation to a storage system, of a list of industry standards or a copy of a specification (referred to in subclause (2)(f) and (g)) does not give rise to an offence if—\n> > \n> > > (a) the person responsible for the system was not in possession of such a list or copy as at 1 June 2008, and\n> > \n> > > (b) the person responsible for the system is still not in possession of such a list or copy, and\n> > \n> > > (c) there is documentary evidence that the person responsible for the system has taken all reasonable steps to obtain such a list or copy.\n> \n> > (6) A storage system’s fuel system operation plan—\n> > \n> > > (a) must comply with EPA guidelines, and\n> > \n> > > (b) must be updated as occasion requires, and\n> > \n> > > (c) must be accessible on the storage site (whether in hard copy or electronic form).\n> \n> > (7) A storage system’s fuel system operation plan may be kept—\n> > \n> > > (a) as one consolidated document or as a collection of documents, and\n> > \n> > > (b) in hard copy or electronic form (or as a combination of both).","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Storage system not to be used unless measuring instruments checked and data recorded","content":"#### 19 Storage system not to be used unless measuring instruments checked and data recorded\n\n19 Storage system not to be used unless measuring instruments checked and data recorded\n\n> The person responsible for a storage system must not use the storage system, or authorise or permit the use of the storage system, unless—\n> \n> > (a) all gauges, indicators, leak detection systems and other measuring instruments in the system have been checked and maintained—\n> > \n> > > (i) in accordance with the manufacturers’ instructions, or\n> > \n> > > (ii) if there are no such instructions, in accordance with the fuel system operation plan for the system, and\n> \n> > (b) all data produced by the measuring instruments has been recorded.\n> \n> Maximum penalty—100 penalty units (in the case of an individual) and 200 penalty units (in the case of a corporation).","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Leak detection","content":"#### 20 Leak detection\n\n20 Leak detection\n\n> > (1) The person responsible for a storage system with groundwater monitoring wells must not use the storage system, or authorise or permit the use of the storage system, unless—\n> > \n> > > (a) the groundwater in each groundwater monitoring well on the storage site has been tested for contamination by petroleum, during the last 6 months, in accordance with the written instructions of a duly qualified person, and\n> > \n> > > (b) the groundwater in each groundwater monitoring well on the storage site has been sampled and analysed, in accordance with the written instructions of a duly qualified person, no later than 60 days after the occurrence of any of the following—\n> > > \n> > > > (i) the installation of a new groundwater monitoring well on the storage site,\n> > > \n> > > > (ii) the discovery by the person responsible for the storage system, whether by means of a test referred to in paragraph (a) or otherwise, that groundwater may be contaminated by petroleum originating from the storage site,\n> > > \n> > > > (iii) the discovery by the person responsible for the storage system, whether pursuant to the loss monitoring system for the system or otherwise, that the system has a leak.\n> \n> > (2) The person responsible for a storage system with an alternative leak detection system must not use the storage system, or authorise or permit the use of the storage system, unless the storage system has been tested at the times and in the circumstances—\n> > \n> > > (a) specified in the testing procedure provided by the installer of the alternative leak detection system, or\n> > \n> > > (b) if the testing procedure does not specify times and circumstances—specified by EPA guidelines.\n> > \n> > Note.\n> > \n> > Clause 17(d)(ii) provides for the installer of a leak detection system on a storage site to provide the person responsible for a storage system on that site with a testing procedure in relation to the leak detection system.\n> \n> > (3) The person responsible for a storage system must ensure that the following are recorded—\n> > \n> > > (a) the results of sampling and analysis undertaken for the purposes of subclause (1)(b),\n> > \n> > > (b) the results of testing undertaken for the purposes of subclause (2).\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Loss detection procedures","content":"#### 21 Loss detection procedures\n\n21 Loss detection procedures\n\n> > (1) Within 60 days after becoming aware of any discrepancy detected by the loss monitoring system for a storage system, the person responsible for the storage system must ensure that action is taken—\n> > \n> > > (a) to investigate the discrepancy, and\n> > \n> > > (b) if the discrepancy cannot be attributed to anything other than a leak, to confirm the existence of a leak, and\n> > \n> > > (c) if the existence of a leak is confirmed, to identify the source of the leak and to stop the leak.\n> > \n> > Note.\n> > \n> > See also Part 5.7 of the Act for duties with respect to the notification of pollution incidents.\n> \n> > (2) If a leak is stopped under subclause (1)(c), the person responsible for the storage system must ensure that action is taken as soon as reasonably practicable to prevent the re-occurrence of the leak.\n> \n> > (3) The person responsible for a storage system must ensure that details of action taken under this clause are recorded.\n> \n> Maximum penalty—200 penalty units (in the case of an individual) and 400 penalty units (in the case of a corporation).","sortOrder":27},{"sectionNumber":"Part 5","sectionType":"part","heading":"Records and reports of events","content":"# Part 5 Records and reports of events\n\nPart 5 Records and reports of events\n\nNote.\n\nLocal authority is defined in the Dictionary to the Act and includes a local council.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Record of significant modifications","content":"#### 22 Record of significant modifications\n\n22 Record of significant modifications\n\n> If a significant modification is made to a storage system, the person responsible for the storage system must—\n> \n> > (a) ensure that the following information is recorded—\n> > \n> > > (i) a comprehensive description of the modification,\n> > \n> > > (ii) the dates of commencement and completion of the modification,\n> > \n> > > (iii) the results of the equipment integrity test carried out under clause 13, and\n> \n> > (b) ensure that the current “as-built” drawings for the system are revised to reflect the modification.\n> \n> Maximum penalty—100 penalty units (in the case of an individual) and 200 penalty units (in the case of a corporation).","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Notice and report of system being decommissioned","content":"#### 23 Notice and report of system being decommissioned\n\n23 Notice and report of system being decommissioned\n\n> > (1) If a storage system is to be decommissioned, the person responsible for the storage system must notify the relevant local authority of the decommissioning—\n> > \n> > > (a) in the case of urgent and unforeseen decommissioning—as soon as reasonably practicable after the decision to decommission the system is made, or\n> > \n> > > (b) in any other case—no later than 30 days before the system is decommissioned or removed.\n> > \n> > Maximum penalty—100 penalty units (in the case of an individual) and 200 penalty units (in the case of a corporation).\n> \n> > (2) If a storage system is decommissioned, the person responsible for the storage system immediately before the system is decommissioned must ensure that a report for the storage site (prepared in accordance with this clause) is served on the relevant local authority—\n> > \n> > > (a) no later than 60 days after the system is decommissioned, or\n> > \n> > > (b) if remediation of the site is required, no later than 60 days after the remediation is completed.\n> > \n> > Maximum penalty—100 penalty units (in the case of an individual) and 200 penalty units (in the case of a corporation).\n> \n> > (3) A report referred to in subclause (2) must—\n> > \n> > > (a) be prepared by a duly qualified person in accordance with EPA guidelines, and\n> > \n> > > (b) describe the processes used to decommission the storage system and assess contamination at the storage site.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Report to be prepared after tank removed or replaced","content":"#### 24 Report to be prepared after tank removed or replaced\n\n24 Report to be prepared after tank removed or replaced\n\n> > (1) If a modification of a storage system involves the removal or replacement of any tank, the person responsible for the modified storage system must not commission the system, or authorise or permit the commissioning of the system, unless a report for the storage site (prepared in accordance with this clause) has been served on the relevant local authority—\n> > \n> > > (a) no later than 60 days after the tank is removed or replaced, or\n> > \n> > > (b) if remediation of the site is required, no later than 60 days after the remediation is completed.\n> > \n> > Maximum penalty—100 penalty units (in the case of an individual) and 200 penalty units (in the case of a corporation).\n> \n> > (2) A report referred to in subclause (1) must—\n> > \n> > > (a) be prepared by a duly qualified person in accordance with EPA guidelines, and\n> > \n> > > (b) describe the processes used to remove or replace the tanks concerned and assess contamination at the storage site, and\n> > \n> > > (c) describe any remediation work carried out during the removal or replacement of the tanks concerned.","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Incident log","content":"#### 25 Incident log\n\n25 Incident log\n\n> > (1) The person responsible for a storage system must ensure that an incident log for the storage system (containing the matter required by this clause) is kept on the storage site or, if another location is specified in the system’s fuel system operation plan, in that location.\n> > \n> > Maximum penalty—100 penalty units (in the case of an individual) and 200 penalty units (in the case of a corporation).\n> \n> > (2) The following activities and incidents must be recorded in the incident log of a storage system—\n> > \n> > > (a) the carrying out of any activity, by a person acting otherwise than at the direction or request of the person responsible for the system, that has affected, is affecting or could affect the integrity of the system,\n> > \n> > > (b) the occurrence of any unplanned or abnormal incident (including operational disruptions or equipment failures) that has affected, is affecting or could affect the long-term safety of the system.\n> \n> > (3) A notification under Part 5.7 of the Act of a pollution incident involving a storage system is to be made in a form approved by the appropriate regulatory authority.","sortOrder":32},{"sectionNumber":"Part 6","sectionType":"part","heading":"Keeping of documents","content":"# Part 6 Keeping of documents\n\nPart 6 Keeping of documents","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Documents to be kept for 7 years from date of creation","content":"#### 26 Documents to be kept for 7 years from date of creation\n\n26 Documents to be kept for 7 years from date of creation\n\n> > (1) The person responsible for a storage system must ensure that each required document for the storage system, including a document delivered in accordance with clause 28, is kept for at least 7 years from the day on which the document was created.\n> > \n> > Maximum penalty—100 penalty units (in the case of an individual) and 200 penalty units (in the case of a corporation).\n> \n> > (2) For the purposes of this clause, required document, in relation to a storage system, means any of the following—\n> > \n> > > (a) a document containing the results of equipment integrity tests for the system carried out under clause 9, 13 or 14,\n> > \n> > > (b) a document containing the data produced by any measuring instrument referred to in clause 19,\n> > \n> > > (c) a document containing details of action taken under clause 21,\n> > \n> > > (d) a report prepared for the system under clause 23,\n> > \n> > > (e) a notification that is given to the appropriate regulatory authority of a pollution incident involving a storage system,\n> > \n> > > (f) anything that was a required document for the purposes of clause 25 of the [Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014](/view/html/repealed/current/sl-2014-0565) immediately before its repeal.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Documents to be kept for 7 years from date of decommissioning","content":"#### 27 Documents to be kept for 7 years from date of decommissioning\n\n27 Documents to be kept for 7 years from date of decommissioning\n\n> > (1) If a storage system is decommissioned, the person responsible for the storage system immediately before the system is decommissioned must ensure that each required document for the storage system, including a document delivered in accordance with clause 28, is kept for at least 7 years from the day on which the system is decommissioned.\n> > \n> > Maximum penalty—100 penalty units (in the case of an individual) and 200 penalty units (in the case of a corporation).\n> \n> > (2) For the purposes of this clause, required document, in relation to a storage system, means any of the following—\n> > \n> > > (a) each certificate issued for the system under clause 9, 13 or 14,\n> > \n> > > (b) a leak detection system report referred to in clause 17,\n> > \n> > > (c) each version of the fuel system operation plan prepared for the system under clause 18,\n> > \n> > > (d) a record made in relation to the system under clause 22,\n> > \n> > > (e) a report prepared for the system under clause 23 or 24,\n> > \n> > > (f) the incident log kept for the system under clause 25,\n> > \n> > > (g) a report that has been made as a consequence of action taken under Part 5.7 of the Act in connection with a pollution incident involving the system,\n> > \n> > > (h) anything that was a required document for the purposes of clause 26 of the [Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014](/view/html/repealed/current/sl-2014-0565) immediately before its repeal.\n> \n> > (3) The requirements of this clause apply in addition to the requirements of clause 26.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Delivery of records on change of responsibility","content":"#### 28 Delivery of records on change of responsibility\n\n28 Delivery of records on change of responsibility\n\n> Within 30 days after there is a change in responsibility for a storage system, the person responsible for the system before the change must ensure that all documents for the system that this Part requires to be kept, and that are in the person’s possession, are delivered to the person newly responsible for the system.\n> \n> Maximum penalty—100 penalty units (in the case of an individual) and 200 penalty units (in the case of a corporation).","sortOrder":36},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Exemptions","content":"#### 29 Exemptions\n\n29 Exemptions\n\n> > (1) The appropriate regulatory authority may, by order in writing, exempt a person or a class of persons specified in the order from any provision of this Regulation specified in the order to the extent that the provision applies to the person or class in respect of any storage system specified in the order.\n> \n> > (2) The appropriate regulatory authority may grant an exemption on application or of its own motion.\n> \n> > (3) An application for an exemption must be accompanied by the fee (if any) determined by the appropriate regulatory authority.\n> \n> > (4) An order under this clause—\n> > \n> > > (a) has effect in the circumstances (if any), and subject to the conditions (if any), that are specified in the order, and\n> > \n> > > (b) may be published in the Gazette or may instead be served on a person specified in the order, and\n> > \n> > > (c) has effect on and from publication in the Gazette or service of the order or any later date specified in the order, and\n> > \n> > > (d) is subject to the condition that the exempted person complies with all of the provisions of the Act and the other provisions of this Regulation that apply to the person, and\n> > \n> > > (e) may be revoked by the appropriate regulatory authority at any time by order in writing published in the Gazette or served on the person referred to in paragraph (b).","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"EPA guidelines","content":"#### 30 EPA guidelines\n\n30 EPA guidelines\n\n> > (1) The EPA may, by notice published in the Gazette, issue guidelines for the purposes of this Regulation and may, by means of a further notice published in the Gazette, vary or revoke any such guideline.\n> \n> > (2) The following documents are taken, on the commencement of this clause, to be guidelines for the purposes of this Regulation and may be varied or revoked accordingly—\n> > \n> > > (a) the document entitled Guidelines for Implementing the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019, published by the EPA in 2019,\n> > \n> > > (b) the document entitled Planning and Development Process for Sites with Underground Petroleum Storage Systems, published by the Department of the Environment, Climate Change and Water in 2009,\n> > \n> > > (c) the document entitled Minimum Construction Requirements for Water Bores in Australia, 3rd edition, published by the National Uniform Drillers Licensing Committee in 2012,\n> > \n> > > (d) any other guidelines in effect, or taken to have been in effect, as EPA guidelines for the purposes of the [Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014](/view/html/repealed/current/sl-2014-0565) immediately before the repeal of that Regulation.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Savings","content":"#### 31 Savings\n\n31 Savings\n\n> Any act, matter or thing that, immediately before the repeal of the [Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014](/view/html/repealed/current/sl-2014-0565), had effect under that Regulation is taken to have effect under this Regulation.","sortOrder":40},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Amendment of Protection of the Environment Operations (General) Regulation 2009","content":"# Schedule 1 Amendment of Protection of the Environment Operations (General) Regulation 2009\n\nSchedule 1 Amendment of [Protection of the Environment Operations (General) Regulation 2009](/view/html/repealed/current/sl-2009-0211)","sortOrder":41}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulation replaces the 2014 instrument (clause 2) and carries forward pre‑existing acts under a savings provision (clause 31). Schedule 1 amends the General Regulation to fix the EPA as the appropriate regulatory authority for relevant existing notices until complied with (Schedule 1, item 1) and updates the penalty notice offences and amounts (Schedule 1, item 2). The text therefore updates administrative arrangements and the penalty/notice framework while maintaining continuity for existing actions."},"complexity_factors":["Multiple technical obligations across design, installation, equipment, testing, operation plans and leak detection (clauses 6–14, 15–21, 18).","Heavy reliance on the undefined-but‑defined‑term “duly qualified person” for key decisions and certifications (definition in clause 3; used in clauses 6,7,9,10,11,13,14,16,17,18,20,22,23,24).","References to external technical standards and EPA guidelines that determine required practices (AS 4897–2008 in clauses 8 and 12(1)(a); EPA guidelines in clauses 17(c)(i), 18(4), 18(6) and 30).","Varied penalty regime: statutory maximum penalty units for many offences (clauses throughout) plus a detailed penalty notice schedule replacing the 2014 entries (Schedule 1, item 2).","Detailed record‑keeping, reporting and timing requirements (fuel system operation plans, incident logs, reports on decommissioning or tank replacement, seven‑year retention in clauses 18, 22–28).","Regulatory discretion through exemption power and fee‑linked applications (clause 29), and EPA authority to issue/variation guidelines (clause 30).","Transitional and savings provisions that preserve earlier acts and existing notices while replacing the 2014 Regulation (clauses 2 and 31; Schedule 1).","Conditional carve‑outs and historic exceptions (for systems commissioned before 1 June 2008 in clause 12(2) and evidentiary safe‑harbour in clause 18(5)).","Operational complexity created by multiple testing regimes (groundwater monitoring wells versus alternative leak detection systems) and specified testing windows (clauses 15(2), 20(1)–(2), 21).","Ambiguity potential over who is the ‘person responsible’ at different lifecycle stages of a system (definition in clause 4) which affects who bears costs and compliance obligations."],"plain_english_summary":"This Regulation sets technical, testing, monitoring, reporting and record‑keeping rules for underground petroleum storage systems. It makes the person responsible for a system (the manager/operator or, if unknown, the landowner) obtain design, installation and integrity testing from a “duly qualified person”, install approved leak‑detection equipment, maintain a fuel system operation plan, run regular tests, keep specified records for seven years and notify local authorities on decommissioning. The EPA issues guidelines and the appropriate regulatory authority may grant exemptions."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original intent to regulate underground petroleum storage systems for environmental protection. The 2019 version replaces the 2014 Regulation (as noted in clause 2) but maintains the same core scope. The savings clause (clause 31) ensures continuity with previous regulatory requirements. No significant scope creep is evident—the provisions align with the stated purpose of preventing contamination from underground fuel storage."},"complexity_factors":["Moderate length (31 clauses plus schedule) with structured divisions but not excessively long","14 defined terms in clause 3, plus additional definitions embedded throughout (e.g., 'person responsible' in clause 4)","Multiple cross-references to external documents: AS 4897-2008 (Australian Standard), EPA guidelines, and the Protection of the Environment Operations Act 1997","Nested conditional logic in clause 3 (definition of 'modification' excludes 5 specific categories) and clause 4 (three-tiered definition of 'person responsible')","Grandfathering provisions (exceptions for systems installed before 1 June 2008) in clauses 12(2) and 18(5)","Dual penalty structures distinguishing between individuals and corporations throughout","Overlapping document retention periods (7 years from creation vs. 7 years from decommissioning) in clauses 26-27","Delegated legislative power allowing EPA to issue binding guidelines under clause 30, creating a two-layer regulatory system"],"plain_english_summary":"This Regulation sets the rules for underground fuel tanks (like those at petrol stations) in New South Wales to prevent leaks that could contaminate soil and groundwater.\n\n**Who it affects:**\n- **Owners and operators** of underground petroleum storage systems (service stations, industrial sites with buried fuel tanks)\n- **Local councils** (who receive decommissioning reports)\n- **The NSW Environment Protection Authority (EPA)** (who enforces the rules and issues guidelines)\n\n**What it requires:**\n- **Design and installation by qualified people:** New tanks and modifications must be designed and installed by competent professionals (\"duly qualified persons\"), with proper documentation including \"as-built\" drawings (technical drawings showing the actual final construction).\n- **Leak detection systems:** Sites must have systems to detect fuel leaks—either groundwater monitoring wells (boreholes to check for contamination) or alternative systems approved by experts.\n- **Operation plans:** Operators must maintain a \"fuel system operation plan\"—a comprehensive document covering loss monitoring, maintenance schedules, site maps, emergency procedures, and contact details.\n- **Regular testing:** Tanks must pass equipment integrity tests before use, and leak detection systems must be regularly tested and maintained.\n- **Record keeping:** Detailed records must be kept for at least 7 years, including test results, maintenance logs, and incident reports.\n- **Decommissioning:** When tanks are removed or permanently closed, the local council must be notified and a contamination assessment report submitted.\n\n**Why it matters:**\nLeaking underground fuel tanks are a major source of soil and groundwater contamination. This Regulation aims to prevent environmental damage, protect drinking water sources, and ensure proper cleanup when sites are closed or modified. It replaces the 2014 version with updated requirements.\n\n**Key exclusions:**\nThe rules don't apply to above-ground tanks, liquefied petroleum gas (LPG) systems, or structures like septic tanks (unless fuel routinely flows through them)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the regulation appears to have maintained its original scope since commencement in August 2019, with no amendments recorded. It has remained in its 'as made' form throughout its operation to date."},"complexity_factors":["Only metadata and status information was provided — the substantive provisions of the regulation were not included in the supplied text, making full analysis impossible","The regulation operates as subordinate legislation (a regulation made under a parent Act), requiring understanding of the relationship between the two instruments","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural layer that affects the regulation's ongoing legal status","Underground petroleum storage systems involve technical environmental and engineering standards that can be complex in practice, even if the legal framework is relatively straightforward","Score is conservative given the absence of substantive provisions — actual operational complexity of the full regulation may be higher"],"plain_english_summary":"This NSW regulation governs underground petroleum storage systems (buried tanks and pipes at petrol stations and similar sites), imposing obligations to prevent, detect and respond to leaks. It affects owners/operators of fuel sites, regulators, nearby property owners and anyone at risk from soil or groundwater contamination.\n\nIn force since 23 August 2019 and set for automatic repeal on 1 September 2026, it sits under the Protection of the Environment Operations Act 1997."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-the-environment-operations-underground-petroleum-storage-systems-regulation-2019","history":"/api/acts/protection-of-the-environment-operations-underground-petroleum-storage-systems-regulation-2019/history","analysis":"/api/acts/protection-of-the-environment-operations-underground-petroleum-storage-systems-regulation-2019/analysis","conflicts":"/api/acts/protection-of-the-environment-operations-underground-petroleum-storage-systems-regulation-2019/conflicts","importantCases":"/api/acts/protection-of-the-environment-operations-underground-petroleum-storage-systems-regulation-2019/important-cases","documents":"/api/acts/protection-of-the-environment-operations-underground-petroleum-storage-systems-regulation-2019/documents"}}