36Permanent decommissioning of storage system

36 Permanent decommissioning of storage system

(1)  An infrastructure owner of a storage system must, within 4 months after –

(a) the commencement of permanent decommissioning under regulation 34(b)(ii) ; or

(b) the expiry of the 12-month period referred to in regulation 35(4)  –

complete permanent decommissioning of the storage system in accordance with subregulation (2) .

Penalty:  Fine not exceeding 100 penalty units.

(2)  For the purposes of these regulations, the permanent decommissioning of a storage system is complete –

(a) if –

(i) the storage system is –

(A) removed; and

(B) disposed of in accordance with AS 4976; or

(ii) where the storage system, or any part of the storage system, cannot be removed safely without serious risk to the safety of people or adjoining infrastructure – the storage system, or part of the storage system, is decommissioned in situ, in accordance with AS 4976, without being removed; and

(b) if an assessment is conducted as to whether –

(i) petroleum has contaminated the soil or groundwater within the vicinity of the storage system; and

(ii) any contamination detected is likely to pose an unacceptable risk of harm to human health or the environment; and

(iii) management or remediation measures, or both, are required to lower any risk of unacceptable harm to human health or the environment to an acceptable level; and

(iv) further investigation is required in order to determine the level of risk posed by any contamination detected; and

(v) a parcel of land is a contaminated site; and

(c) if a report in relation to the matters referred to in paragraph (b) (a ) has been obtained by the infrastructure owner; and