WorkSafe has granted an exemption (HS2203) to Channel Terminal Services Limited from compliance with regulation 17.6(1), 17.18 17.102(6) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to tank T40 in compound P6 at Port Marsden Highway, Ruakaka.
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.
WorkSafe also notes that -
- the risk associated with the tank design and reduced separation distance is mitigated for by the conditions imposed on the exemption; and
- it is not practicable to relocate or reconstruct the tank as the cost of doing so would be grossly disproportionate to the risk at the site.
- it is not practicable to construct an intermediate bund wall between the tanks as there is insufficient separation between the tanks and would require relocation of the tanks and major reconstruction of the site. This is disproportionate to the risks as the total capacity of the secondary containment exceeds the regulatory requirement.
The exemption comes into effect 4th August 2023 and expires on 4th August 2028 unless it is replaced sooner or revoked.