8 March 2021

WorkSafe has granted an exemption to Bulk Storage Terminals Limited from compliance with regulation 17.18 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to the tanks within the Bulk Flammable Bund at 182 Totara Street, Mt Maunganui.

The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 on the basis that WorkSafe is satisfied that—

• the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
• the exemption is not inconsistent with the purpose of the Act; and
• the risk associated with the reduced inter tank separation is managed through water spray protection that has been provided beyond the prescribed requirements; and
• other proposed measures help mitigate the risk as they provide staff with information and time to react to a fire; and
• it is not considered reasonably practicable to relocate the tanks into a compliant configuration.

The exemption comes into effect 8 March 2021 and expires on 8 March 2026 unless it is replaced sooner or revoked.