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Regulation 9
Separation Distances not to extend beyond boundary unless agreed

work in progress - clarify with Greg before publishing

If your zones cross a boundary a compliance certificate cannot be issued until
  • you have a signed agreement from ALL boundary neighbours and
  • an APPLICATION FOR EXEMPTION FROM SEPARATION DISTANCE AND/OR OTHER MATTERS has been lodged with Worksafe for AND GRANTED.


​Part 11 - Controls relating to adverse effects of unintended ignition of class 2 and 3.1 substances
 
11.40 - Prescribed requirements relating to exemption from required separation distances or other matters in subparts 1 and 2
(1) An application for an exemption under section 220 of the Act from the required separation distances or other matters of subparts 1 and 2 must--
(a) be in the form required by WorkSafe (if any); and
(b) be accompanied by the fee (if any) prescribed in Schedule 2.
(2) In considering whether to grant an exemption under section 220 of the Act, WorkSafe must have regard to--
(a) the quantity and location of the relevant hazardous substance, and any other hazardous substance located at the place at a workplace; and
(b) the capacity of any fire-fighting facilities at that place; and
(c) the fire-resistance rating of any structure (for example, walls, floors, ceilings, and doors) that contains the hazardous substance; and
(d) for a hazardous substance in an above ground stationary tank, whether the design and construction of the tank will protect the tank from fire.
A separation distance required by these regulations must not, unless the context otherwise requires, be calculated beyond the boundary of the property at which the relevant hazardous substance is present unless the owner, lessee, sub-lessee, occupier, or person in possession of any property beyond that boundary (the adjacent property) agrees in writing that the separation distance may be calculated to include the adjacent property.


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Created for Approved Compliance Certifiers - 2018