30 August 2022

WorkSafe has granted an exemption (SEP2105) to Challenge Lake Rd 2012 Limited from compliance with regulation 11.22 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 in relation to the separation distance between the cylinder filling station and retail building at 67 Lake Road, Frankton, Hamilton.

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 that -  

• the risk associated with the lack of separation to the filling station is mitigated for by several factors related to the filling station’s location and technical improvements; and 
• it is not reasonably practicable for the applicant to move the filling station to a compliant distance as the costs of doing so would be disproportionate and would not substantially alter the risk at the site. 

The exemption comes into effect 30 August 2022 and expires on 30 August 2027 unless it is replaced sooner or revoked.