Environmental Management and Pollution Control (Underground Petroleum Storage Systems) Regulations 2020

In this regulation – petroleum-related pollutant includes petroleum, a pollutant originating from petroleum and a pollutant produced when petroleum undergoes degradation.

For the purposes of these regulations, an environmental site assessment is an assessment of a parcel of land that is, or is likely to be, contaminated by a petroleum-related pollutant to determine – the type or types of petroleum-related pollutant concerned; and the source of the petroleum-related pollutant; and the spatial extent and magnitude of the petroleum-related pollutant, including whether the petroleum-related pollutant may have escaped from the parcel of land and whether the petroleum-related pollutant is affecting other land, a watercourse or body of water (including groundwater); and the level of risk to human health, and to the environment, associated with the petroleum-related pollutant; and whether further actions are required to limit the extent of the pollutant and the period within which these actions should be performed; and whether part or all of the parcel of land, or land in the vicinity of the parcel of land, is a contaminated site.

An infrastructure owner of a storage system who is required under these regulations to commence an environmental site assessment must ensure that – the person who carries out the assessment gives to an infrastructure owner of the storage system, within 4 months after the environmental site assessment is commenced, a report (an environmental site assessment report) in relation to all the matters specified in subregulation (2); and the environmental site assessment is managed, and the environmental site assessment report is prepared, by a suitably qualified person; and the environmental site assessment is carried out and the environmental site assessment report is prepared – in accordance with the National Environment Protection (Assessment of Site Contamination) Measure 1999, made on 10 December 1999 by the National Environment Protection Council under the National Environment Protection Council Act 1994 of the Commonwealth, as amended or substituted from time to time; and if there are any EPA guidelines in relation to the environmental site assessment or the environmental site assessment report, in accordance with those EPA guidelines. Fine not exceeding 100 penalty units.