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Draft UPSS Regulation 2019 - Public Consultation Open

As highlighted at the industry forum on 27 March 2019, the Environmental Protection Agency (EPA) is updating the regulatory requirements for UPSS operators to reflect best industry practice, and is seeking public input.  The draft Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019 and Regulatory Impact Statement is out for public consultation.
The EPA is now seeking your feedback on their draft UPSS Regulation 2019 and Regulatory Impact Statement which will be on public exhibition on the EPA’s consultation portal and comments can be made up until 14 June 2019.

  Minor changes are proposed to the UPSS Regulation. These are to:

  • Align the best practice pollution prevention equipment for UPSS required in the Regulation with Australian Standard 4897 – 2008
  • Require 30-days’ notice to be given to local councils where a UPSS operator intends to decommission a system
  • Require UPSS operators to provide a short annual report to their regulator (council or the EPA) to briefly outline how the storage system has performed in that financial year
  • Make changes to the definitions of duly qualified person and person responsible to recognise shifts in industry terminology and best practice in these areas
  • Simplify the definitions of petroleum and secondary leak detection system, and apply the Regulation to all EPA licensed sites
  • Change the name of the Environment Protection Plan prepared by UPSS operators to document their system to the Fuel System Operation Plan to better describe the contents of the plan and align it with language used in the petroleum industry.
In addition to this proposed update of the Regulation, local councils will resume responsibility for regulating most UPSS in the state from 1 September 2019. The EPA will retain regulatory responsibility for those UPSS managed and operated by public authorities and those in the unincorporated areas of the state, as well as those UPSS subject to an existing notice, direction or requirement (i.e. a notice issued prior to 1 September 2019 and still in force at that date), and for UPSS subject to an environment protection licence.

Click Here to Download the POEO (UPSS) Regulation 2019 Draft for Public Consultation

Click Here to Download the Regulatory Impact Statement - draft UPSS Regulation 2019

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