Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:367
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 367
Character Range: 493909–495094

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.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (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.

Division 6—Health monitoring