28 February 2019

WorkSafe has granted an exemption to Genesis Energy Limited from compliance with Regulation 11.20 and 11.21 of the Health and Safety at Work (Hazardous Substances) Regulations 2017.

The application to grant an exemption has been decided as follows:

The exemption is granted by WorkSafe to Genesis Energy Limited for the LPG filling operation (comprising an above ground tank, a filling shed and a cylinder storage area) and located at 62-66 Clayton Road, Rotorua in accordance with section 220 of the Health and Safety at Work Act 2015 on the basis that WorkSafe:

1. Is satisfied that the exemption sought is not broader than is reasonably necessary to address the matters that gave rise to it (pursuant to section 220(2)(a) of the HSWA); and
2. Is satisfied that the exemption sought is not inconsistent with the purpose of the HSWA (pursuant to section 220(2(b) of the HSWA) subject to conditions to manage the flammability risks to workers and other persons; and
3. The risks from the LPG filling operation are managed with the construction of the 240/240/240 fire-rated boundary wall and the reconfiguration of the site.

The site plan prepared by BTW Company Ltd drawing number 17988.12 6T, sheet 2, revision 12 forms part of this decision.

The exemption comes into effect on 28 February 2019 and expires on 28 February 2024 unless it is replaced sooner or revoked. The exemption is subject to the following conditions:

1. Genesis Energy Ltd must construct and maintain an intervening wall on the boundary between the LPG filling operation and 74 Clayton Road, Rotorua so that:
1. The wall has a fire-resistance rating of 240/240/240 minutes;
2. The wall is vapour-tight;
3. The wall is 1.8 metres high or 0.6 metres above the top surface of the tank whichever is the highest; and
4. The distance measured in the horizontal plane around the end of the intervening wall by the most direct line to 74 Clayton Road must at least meet the relevant requirements of table 2 or 4 in Schedule 12 of the Health and Safety at Work (Hazardous Substances) Regulations 2017.
2. Genesis Energy Ltd must update the BTW Company Ltd drawing number 17988.12 6T, sheet 2, revision 12 to include the intervening wall on the boundary and to show separation distances to protected and public places prescribed in the Health and Safety at Work (Hazardous Substances) Regulations 2017.
3. Genesis Energy Ltd must maintain the layout of the site as shown in BTW Company Ltd drawing number 17988.12 6T, sheet 2, revision 12 once it has been updated to reflect the relocation of the 6 tonne tank, the cylinder storage area and the filling shed, the intervening wall on the boundary and the separation distances.
4. Genesis Energy Ltd must maintain a written agreement with the owners or operators of 58 Clayton Road, allowing the separation distances to extend onto that property.
5. Genesis Energy Ltd must limit the quantity of LPG stored at the cylinder storage area to no more than 5,000 kg.
6. Genesis Energy Ltd must locate the cylinder storage area no closer than 3 metres to the 240/240/240 FRR boundary wall.
7. Genesis Energy Ltd must limit the quantity of LPG at the filling shed to no more than 100 kg at any time.
8. Genesis Energy Ltd must locate the LPG filling shed no closer than 6 metres to the 240/240/240 FRR boundary wall (based on regulation 11.22 of the Health and Safety at Work (Hazardous Substances) Regulations 2017).
9. Genesis Energy Ltd must locate the cylinder storage area no closer than 5 metres to the LPG filling shed (based on Table 9.3.3 of AS 1596:2014). The cylinder storage area must be clearly delineated by permanent markings or equivalent and written operating procedures must ensure this distance is maintained.
10. Genesis Energy Ltd must locate the 6 tonne LPG tank no closer than 10 metres to the 240/240/240 FRR boundary wall (based on Table 4, Schedule 12 of the Health and Safety at Work (Hazardous Substances) Regulations 2017).
11. Genesis Energy Ltd must locate the tank fill point no closer than 10 metres to the 240/240/240 FRR boundary wall (based on Table 4, Schedule 12 of the Health and Safety at Work (Hazardous Substances) Regulations 2017).
12. Genesis Energy Ltd must provide a copy of this exemption to any compliance certifier engaged to issue a location compliance certificate for the LPG tank or filling station or cylinder storage area at 62-66 Clayton Road, Rotorua.
13. A copy of this exemption document must be held on-site and available to authorised persons.