(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 decommissioning assessment report ) has been obtained by the infrastructure owner; and

(d) if the infrastructure owner has notified the Director, in the approved form, that decommissioning in accordance with this regulation has been completed.

(3)  If part of the storage system is decommissioned in situ in accordance with subregulation (2)(a)(ii) , the decommissioning of the storage system is not to be taken to be complete unless all other parts of the storage system are –

(a) removed; and

(b) disposed of in accordance with AS 4976.

(4)  An infrastructure owner of a storage system who is required under these regulations to undertake decommissioning of the storage system must ensure that a suitably qualified person –

(a) manages the assessment of matters referred to in subregulation (2)(b) ; and

(b) prepares a decommissioning assessment report required under subregulation (2)(c) .

(5)  If there are any EPA guidelines in relation to –

(a) the assessment of matters referred to in subregulation (2)(b) ; and

(b) the preparation of a decommissioning assessment report required under subregulation (2)(c)  –

an infrastructure owner of a storage system who is required under these regulations to undertake decommissioning of the storage system must ensure that the assessment and the decommissioning assessment report in relation to the storage system are undertaken in accordance with those EPA guidelines.

Penalty:  Fine not exceeding 100 penalty units.