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Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2010

Overview

The Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2010 aim to prevent or limit, to the greatest extent practicable, the release of petroleum product into the environment from underground petroleum storage systems.

They are made under section 102 of the Environmental Management and Pollution Control Act 1994 (EMPCA).

Legislation Online

The regulations are available online at Tasmania’s The Law website.

Provisions

The major provisions of the UPSS regulations state that:

  • installation of appropriate UPSS infrastructure must occur when a new system is installed or a system is upgraded;
  • monitoring for losses of petroleum must be undertaken;
  • the installation of groundwater monitoring wells in areas where groundwater needs protection can be required if needed;
  • an environmental site assessment to be carried out if petroleum contamination in soil or groundwater is detected; and
  • systems that are not being used must be decommissioned appropriately so that they do not pose an on-going risk to the environment.

Penalties are incurred with the failure to follow the provisions of these regulations.

Supporting Documents

Further Information is provided on Underground Fuel Tanks.

Background

There were several stages of consultation during the development of the Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2010.

A reference group consisting of representatives from industry (including industry bodies), State Government Agencies, local government, environmental groups and environmental consultants was consulted on technical issues and during the development of the documents released for public comment.

The first stage of the public consultation process was the release of an issues and options paper for comment in May 2008 on A Proposed Regulatory Model for Managing the Environmental Impacts of UPSS. The paper discussed a range of regulatory models that could be used to improve the environmental management of underground petroleum storage systems. The content of the preferred option (regulations) was also detailed.

Fourteen submissions were received. The main issues raised in the submissions and the EPA Division’s response to these issues were summarised in a Response to Public Comment.

Draft Regulations and a Regulatory Impact Statement (RIS) were then written giving consideration to the comments received, and released for public comment in August 2009.

Fifteen submissions were received. The comments received and the EPA Division’s response to the issues raised are summarised in the Response to Submissions on the Draft Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2009 and Regulatory Impact Statement. The regulations were finalised with consideration to the comments received.