367Notification of abandoned tank

367 Notification of abandoned tank

(1)  This regulation applies to a person conducting a business or undertaking at a workplace if –

(a) the person controls or manages a tank at the workplace that is underground, partially underground or fully mounded; and

(b) the tank was used to store flammable gases or flammable liquids.

(2)  The tank is taken to be abandoned if –

(a) the tank has not been used to store flammable gases or flammable liquids for 2 years; or

(b) the person does not intend to use the tank to store flammable gases or flammable liquids again.

(3)  The person must notify the regulator of the abandonment of the tank as soon as practicable after the tank is abandoned.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

(4)  In this regulation, tank means a container, other than an IBC designed to use, handle or store hazardous chemicals in bulk, and includes fittings, closures and other equipment attached to the container.