Protection of the Environment Operations (Clean Air) Regulation 2010
Current version for 15 February 2013 to date (accessed 22 May 2013 at 20:51)
Part 6Division 5Subdivision 4

Subdivision 4 Miscellaneous

75   Reporting to EPA

(1)  The occupier of a petrol service station must give the EPA, in the form and within the period set out in the standards and guidelines, notice of the commissioning of any prescribed storage tank or prescribed petrol dispenser.
(2)  The occupier of a petrol service station must give the EPA, in the form and within the period set out in the standards and guidelines, a report for the year ending on 30 June each year, if during that period there was a significant failure in any required control equipment at a petrol service station.
(3)  For the purposes of subclause (2), a significant failure is any one or more of the following occurrences:
(a)  a failure of the vapour containment system that requires the opening of the forecourt to repair the system,
(b)  a test result of below 85% for vapour system recovery performance of a manually monitored petrol dispenser and required control equipment, or
(c)  a number of warnings by an automatic monitoring system fitted to a petrol dispenser and prescribed control equipment that is greater than the number specified in the standards and guidelines for the purposes of this subclause.

Maximum penalty: 100 penalty units (in the case of a corporation) or 50 penalty units (in the case of an individual).

76   Compliance notification

(1)  The occupier of a petrol service station must display, or cause to be displayed, a sign, sticker or other notification:
(a)  on each prescribed petrol dispenser fitted with the required control equipment to the effect that the petrol dispenser is fitted with stage two vapour recovery equipment, and
(b)  on the petrol service station premises to the effect that the petrol service station is fitted with stage two vapour recovery equipment, if all of the petrol dispensers situated on the petrol service station are prescribed petrol dispensers fitted with the required control equipment.
(2)  The occupier of a petrol service station must not display, or cause to be displayed, a sign, sticker or other notification referred to in subclause (1) except in accordance with that subclause.
(3)  The EPA may, by order in writing, exempt a person or a class of persons specified in the order from the operation of this clause.

Maximum penalty: 300 penalty units (in the case of a corporation) or 150 penalty units (in the case of an individual).

77   Log books

(1)  The occupier of a petrol service station that has a prescribed storage tank or a prescribed petrol dispenser must keep a log book in accordance with this clause.

Maximum penalty: 400 penalty units (in the case of a corporation) or 200 penalty units (in the case of an individual).

(2)  A log book may include information kept in compliance with other requirements imposed by or under the Act.
Note. For example, an incident log kept in accordance with clause 24 of the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008 could also include the information required to be kept under this Regulation.
(3)  The following must be entered in a log book in relation to control equipment required to be fitted to a prescribed storage tank or a prescribed petrol dispenser:
(a)  the type of control equipment installed, the serial number (if any) of the control equipment, or any part of the control equipment, and the name and address of:
(i)  the manufacturer of the control equipment, and
(ii)  the supplier of the control equipment, and
(iii)  the person or body that carried out the installation of the control equipment or any part of the control equipment,
(b)  a description of any modification carried out on the control equipment, including the type of any part of the control equipment replaced, removed or added, the serial number (if any) of any such part and the name and address of the person or body that carried out the modification work,
(c)  a description of any routine maintenance carried out on the control equipment,
(d)  details of any rectification work carried out on the control equipment and the name and address of the person or body that carried out the rectification work,
(e)  details of any manual monitoring of control equipment undertaken,
(f)  a description of any testing of the operation of the control equipment, whether carried out in compliance with this Regulation or otherwise, including the type of test carried out, the results of the test and the name and address of the person or body that carried out the test,
(g)  a description of any incident, including a reportable significant failure under this Subdivision, that indicated that the control equipment was not, or may not have been, operating in a proper and efficient manner and the measures taken to investigate and respond to the incident.
(4)  A record required to be kept in a log book must be retained for 3 years from the date of creation of the record.
(5)  A certificate from a supplier or manufacturer that is required by clause 68 (1) (l) or 71 (a) must be retained with the log book for 3 years or until the prescribed control equipment to which it relates is decommissioned, whichever is the longer.
(6)  The log book must be kept:
(a)  if all or part of the prescribed control equipment is included in a storage system that is regulated by the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, in accordance with an environment protection plan under that regulation, or
(b)  in any other case, at the petrol service station at which the prescribed control equipment is being operated.
(7)  If the petrol service station permanently ceases to operate during the 3-year period referred to in subclause (4) or (5), the record or certificate must be kept at the principal place of business of the person who, immediately before the petrol service station ceased to operate, was the occupier of the petrol service station.
(8)  This clause does not require the recording of anything done before 13 November 2009.
(9)  The EPA may, by order in writing, exempt a person or a class of persons specified in the order from the operation of subclause (4) or (5).

78   Exemptions

(1)  The EPA may grant an exemption under this Subdivision by order in writing on application or of its own motion.
(2)  An application for an exemption must be accompanied by such fee (if any) as the EPA may determine.
(3)  An order:
(a)  has effect in such circumstances (if any), and subject to such conditions (if any), as are specified in the order, and
(b)  must specify a person to be served with the order and must be served on that person, and
(c)  has effect on and from service of the order or such later date as may be specified in the order, and
(d)  is subject to the condition that the exempted person complies with all of the provisions of the Act and the other provisions of this Regulation that apply to the person, and
(e)  may be revoked by the EPA at any time by order in writing served on the person referred to in paragraph (b).
Top of page