Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019 (2019-411) (NSW)

Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019

Part 1 Preliminary

1 Name of Regulation This Regulation is the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019.

2 Commencement This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014, which is repealed on 1 September 2019 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— commission, in relation to a storage system or leak detection system, means to bring the system into use for the first time following its installation, modification or repair. current "as-built" drawings, in relation to a storage system, means drawings that depict the current configuration of the system in relation to the storage site. decommission, in relation to a storage system, means to remove the system or to render the system permanently unusable.

Note— Other legislation may require the cessation of the use of certain storage systems. duly qualified person, in relation to any activity, means a person who has competence and experience in relation to that activity that is— (a) recognised by a peak body in the relevant industry as appropriate for that activity, or (b) recognised generally in the relevant industry as appropriate for that activity. EPA guideline means a guideline in force under clause 30. fuel system operation plan means documentation for a storage system that contains the procedures and other information required by clause 18. installation of a storage system means the original installation of the system on the storage site, and includes any work in the vicinity of the storage site necessary for the installation, and anything done to the system before it is commissioned. leak, in relation to a storage system, means any loss of petroleum from the system because it is not providing full and continuous containment of petroleum. leak detection system means a system designed to detect contamination by, or failure of, a storage system in the event of a failure in loss monitoring systems that consists of either— (a) groundwater monitoring wells, or (b) an alternative leak detection system. loss monitoring system for a storage system means the system referred to in clause 18(2)(a) as included in the fuel system operation plan for the system. modification of a storage system includes any upgrade, extension, alteration or replacement of the system, or any component of the system, but does not include— (a) anything done to the system before it is first commissioned, or (b) anything done to the system after it is decommissioned, or (c) anything done to the system as part of routine maintenance (including any repairs to the system that are done in the course of regular scheduled upkeep of the system), or (d) anything done to the system before 1 June 2008, or (e) anything done to a storage site, or any building on a storage site, that does not directly affect the system. modified storage system means a storage system that has been modified. person responsible for a storage system—see clause 4. petroleum means any fuel that consists predominantly of a mixture of hydrocarbons, whether or not the fuel includes additives (such as ethanol), and includes used oil.