AustLII Tasmanian Numbered Regulations

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL (UNDERGROUND PETROLEUM STORAGE SYSTEMS) REGULATIONS 2020 (S.R. 2020, NO. 4) - REG 16

Leak investigation

(1)  In this regulation –
leak investigation , in relation to a storage system, means an assessment to determine whether the storage system is providing full and continuous containment.
(2)  If a discrepant result is obtained in the course of the provision of a loss-monitoring procedure in relation to a storage system, a system operator of the storage system must ensure that, within 14 days after the system operator receives the result, a review is carried out to determine if the discrepant result is –
(a) due to inaccurate data; or
(b) not due to inaccurate data.
Penalty:  Fine not exceeding 100 penalty units.
(3)  If a review under subregulation (2) determines that the discrepant result is not due to inaccurate data, a system operator of the storage system must notify an infrastructure owner of the storage system, within 7 days after the results of the review are received by the system operator, that the storage system may not be providing full and continuous containment.
Penalty:  Fine not exceeding 100 penalty units.
(4)  An infrastructure owner of a storage system must ensure that a leak investigation is carried out if a notification given to the infrastructure owner under subregulation (3) or regulation 15(4)(a) indicates that the storage system may not be providing full and continuous containment.
Penalty:  Fine not exceeding 100 penalty units.
(5)  An infrastructure owner who is required by subregulation (4) to carry out a leak investigation must ensure that –
(a) the leak investigation begins within 14 days after the infrastructure owner becomes aware that a leak investigation is required in accordance with subregulation (4) ; and
(b) a leak investigation is completed as soon as reasonably practicable; and
(c) if there is a monitoring well in respect of a storage system – the leak investigation includes scrutinising the water in the well to determine whether petroleum has contaminated the groundwater; and
(d) the infrastructure owner receives a conclusive result from the leak investigation as soon as reasonably practicable indicating whether the storage system is, or is not, providing full and continuous containment.
Penalty:  Fine not exceeding 100 penalty units.
(6)  If a result received under subregulation (5)(d) indicates that the storage system is not providing full and continuous containment, an infrastructure owner of the storage system must, as soon as practicable, take measures to prevent any petroleum from being lost from the storage system.
Penalty:  Fine not exceeding 100 penalty units.



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