21 May 2021

WorkSafe has granted an exemption (SEP2012) to EMULCO Limited from compliance with regulation 11.28(1) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to its site at Charlotte Jane Quay, Port Lyttelton, Christchurch.

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 note:

• the works required to become compliant are disproportionate to the risk associated with the non-compliance; and
• the risk associated with the difference in separation distance can be mitigated by an intervening wall.  

The exemption comes into effect 21 May 2021 and expires on 21 May 2026 unless it is replaced sooner or revoked.