6 September 2023

WorkSafe has granted an exemption (SEP2201) to Rockgas Limited from compliance with regulation 11.21(3)(a) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to the reduced separation distance of a LPG tank (tank number 121156; serial number 4309) located at Lot 10 DP477452, (GPS coordinates 45.858107, 170.361873), 180 Duke Road North, Mosgiel to the neighbouring protected place at Lot 3, (DP477452).

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
• this is a situation where it is necessary and appropriate for you to exercise your discretion to grant an exemption under section 220(1).

WorkSafe also note that -

• the risks associated with the lack of separation distance from the LPG tank to the neighbouring protected place is mitigated by the construction of an intervening wall.
• it is not practicable for the applicant to relocate the tank to a compliant distance or implement other options considered as the cost and operational impact of doing so would be disproportionate.

The exemption comes into effect 6 September 2023 and expires on 6 September 2028 unless it is replaced sooner or revoked.