Part 5 Keeping of dangerous goods

Division 1 General

78   Definition

In this Part, licence means a licence under section 8 or 19 of the Act.

79   Application of this Part

(1)  This Part does not apply to or in respect of the keeping of dangerous goods:

(a)  in or on a vehicle or other mobile plant, appliance or device if the goods are necessary for its propulsion or are part of, or necessary for the operation of, its equipment or accessories, or

(b)  in the fuel tank of any stationary plant, appliance or device if the capacity of the tank does not exceed 250 litres, or

(c)  while they are being conveyed, or

(d)  of Class 7.

(2)  This Part, other than clause 99, does not apply to or in respect of the keeping of dangerous goods that are in immediate use within the meaning of clause 4 (6) (d) (subparagraph (iv) excepted) if the goods:

(a)  are kept in containers that are open to the atmosphere or to the contents of which persons have access, and

(b)  are kept in a manner that prevents them from escaping from premises, endangering persons or causing harm to property or the environment.

(3)  This Part does not apply to or in respect of the keeping of dangerous goods that are in immediate use within the meaning of clause 4 (6) (d) (iv) if the goods are kept in a manner that prevents them from escaping from premises, endangering persons or causing harm to property or the environment.

(4)  The provisions of this Part that prescribe requirements for or in respect of a depot do not apply to or in respect of a depot for goods that are:

(a)  prescribed under section 9 (1) (c) of the Act, and

(b)  not required by this Part to be kept in a depot conforming to prescribed requirements.

(5)  This Part is subject to Part 10 (Special requirements for certain goods).

80   Obligations of licensees and occupiers

If a duty to observe any requirements of this Part that relate to any premises or place (or to any act, building, structure or thing in, on or in relation to any premises or place) is not by this Part specifically imposed on any person, it is the duty of:

(a)  the licensee of the premises if they are licensed, or

(b)  the occupier of the premises or place not being licensed premises,

to observe the requirements or to cause them to be observed.

81   Occupation of, and keeping of goods in or on, licensed premises

A person must not:

(a)  occupy licensed premises or any part of licensed premises, or

(b)  keep dangerous goods in or on licensed premises,

unless he or she is, or is authorised by, the licensee of the premises.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

82   Dangerous goods not to be kept except in licensed depots

Except as provided by section 9 (1) (c) of the Act, dangerous goods must not be kept in or on licensed premises except in a licensed depot.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

83   Only certain goods to be kept in licensed depots

(1)  No goods may be kept in a licensed depot except:

(a)  dangerous goods, or

(b)  packages for the dangerous goods kept or to be kept in the depot, or

(c)  tools, implements, mats or overshoes necessary for the efficient operation of the depot or required to be kept in the depot by this Regulation, or

(d)  goods approved for the purposes of this clause.

(2)  No greater quantity of dangerous goods may be kept in a licensed depot than the quantity that it is licensed to contain.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

84   Depots to comply with this Part

(1)  A depot must not be specified as a depot or magazine in a licence for premises unless it conforms, or would (if so specified) conform, to the applicable provisions of this Part, AS 2507 (The storage and handling of agricultural and veterinary chemicals) or AS 3833 (The storage and handling of mixed classes of dangerous goods in packages and intermediate bulk containers).

(2)  If a depot does not conform to the applicable provisions of this Part, AS 2507 or AS 3833 and it is situated in or on:

(a)  licensed premises—the licensee of the premises, or

(b)  any other premises or place—the occupier of the depot,

      is guilty of a breach of this Regulation.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

85   Location of depots (general)

(1)  Subject to this Regulation, a depot must not be located within a compound, or an area enclosed by the bund wall, of another depot if the dangerous goods kept in or on the depots are incompatible.

(2)  A depot must not be so located that piping or a pipeline (other than piping or a pipeline used for the conveyance of dangerous goods of a kind kept in the depot or of goods compatible with those dangerous goods kept in the depot) passes through, over, under or within 3 metres of the depot.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

86   Location of depots (distance from certain places and works)

(1)  In this clause, prescribed separation distance means a distance prescribed by this Regulation as a prescribed separation distance for the purposes of this clause.

(2)  If a provision of this Regulation prescribes a separation distance between a depot and:

(a)  a protected place, or

(b)  a protected work, or

(c)  any other place, building, installation or thing,

      that protected place, protected work or other place, building, installation or thing is an exposure for the purposes of this clause and of the clause in which the provision occurs.

(3)  A building, structure, room, compartment, tank, store, area or receptacle must not be used as a depot if it is, or if so used would be, less than the prescribed separation distance from an exposure, unless the use is in accordance with the terms and conditions of an approval under subclause (4).

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(4)  If by reason of the erection of a building or any other occurrence during a period when a licence for premises is in force, a building, structure, room, compartment, tank, store, area or receptacle in or on the premises is, or if used as a depot would be, within a prescribed separation distance from an exposure, the WorkCover Authority may approve, on such conditions as it may (subject to subclause (5)) see fit to impose, of the use of the building or other thing as a depot pending the alteration of the licence or the issue of a new licence in consequence of the occurrence.

(5)  The conditions imposed under subclause (4) are to be such that if the licence for the premises had been issued immediately after the occurrence and subject to those conditions, the building or other thing would have been within a prescribed separation distance from any exposure.

(6)  Subject to clause 107 (3), if more than one separation distance between a depot and an exposure is prescribed by this Regulation, the prescribed separation distance for the purposes of this clause is the longer or longest of those distances.

87   Prevention of escape of liquid, gaseous or molten dangerous goods

Suitable measures must be taken, by grading or otherwise, to prevent liquid, gaseous or molten dangerous goods kept in a depot from flowing into, onto or beneath any other depot not in the same compound, protected place or protected work.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

88   Employment of persons to watch over depots

If the WorkCover Authority (by notice in writing to the licensee of premises in or on which a depot is situated) so requires, the licensee must employ a trustworthy person of or over 18 years of age to watch over the depot during such hours as are specified in the notice.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

89   Handling of dangerous goods

(1)  The licensee of premises must observe, or cause to be observed, the requirements of this clause.

(2)  Every person engaged as an employee or otherwise in work in or on licensed premises must to the extent practicable, having regard to the nature and scope of his or her duties or occupation, observe the requirements of this clause.

(3)  All dangerous goods received into licensed premises and not required for immediate use must, as soon as practicable (but within 12 hours), be conveyed into the depot in which they are to be kept in or on the premises.

(4)  All dangerous goods taken from a depot in or on licensed premises for despatch from the premises must, as soon as practicable (but within 12 hours), be removed from the premises.

(5)  Dangerous goods other than solid goods must not be conveyed within licensed premises except:

(a)  in closed containers so constructed that the goods cannot escape during conveyance, or

(b)  by means of pipes so constructed and connected that the goods or vapour from them cannot escape from the pipes during the conveyance.

(6)  A packaging containing dangerous goods in or on licensed premises:

(a)  must not be opened except in the area in which the goods are to be used or in the immediate vicinity of the depot in which they have been or are to be kept, and

(b)  when opened for the removal of goods must:

(i)  be left open only for the time necessary for that removal, and then immediately closed, and

(ii)  if goods (other than goods to the keeping of which this Division does not apply) remain in the packaging and it is outside a depot, be immediately placed in a depot, and

(iii)  if no goods remain in the packaging, be immediately removed to a safe place.

(7)  All practicable precautions must be taken for preventing the escape of dangerous goods, or vapour from dangerous goods, from a packaging, a tank or any other container.

(8)  Dangerous goods kept in or on or received into licensed premises must, if the packagings are damaged, leaking or otherwise defective, be immediately repacked into sound packagings.

(9)  Dangerous goods spilled in or on licensed premises must:

(a)  immediately be cleaned up, and

(b)  minimising to the maximum extent practicable any danger to persons, other property or the environment, be kept and ultimately disposed of in compliance with any applicable Australian Standard.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

90   Young persons

A person under the age of 16 years must not be:

(a)  employed in a licensed depot, or

(b)  allowed to enter a licensed depot except in the presence and under the supervision of a person of or over the age of 18 years.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

91   Intoxicated persons

A person who is intoxicated must not be allowed to enter or remain in a licensed depot.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

92   Depots to be kept clean

(1)  A licensed depot must at all times be kept clean and in good order.

(2)  Before any repairs that may jeopardise the safety of persons, goods or the environment are carried out in or to a licensed depot all goods must be removed from the area of the repairs and the area must be thoroughly swept out or washed out.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

93   Fire hazards (general)

(1)  A person must not:

(a)  smoke in or within 3 metres of a depot, or

(b)  take into, or within 3 metres of, a depot:

(i)  any fire, flame, matches, charcoal, oiled rags, oiled cotton, oiled waste or grit, or

(ii)  any substance or article liable to spontaneous ignition or liable to cause fire or explosion,

      unless it is to be kept in the depot in accordance with the Act and this Regulation.

(2)  Subject to subclause (3), a person must not in a Zone 0, 1 or 2 (as defined by AS 2430 (Classification of hazardous areas) in relation to a depot for flammable liquid):

(a)  ignite, carry, or have in his or her possession any fire or flame, or

(b)  carry out any welding, oxy-acetylene cutting or hot tapping or any other process or operation liable to cause fire or explosion.

(3)  An act does not contravene subclause (2) if:

(a)  it is done with the approval of the WorkCover Authority, or

(b)  it is done in an emergency, or

(c)  between the depot and the place where the act is done there is a screen wall and from that place the closest distance around the screen wall to any part of the bund wall or to the opening into the depot is at least 15 metres.

(4)  If:

(a)  a person carries out a process or operation in an emergency, and

(b)  the carrying out of the process or operation otherwise than in an emergency would have contravened subclause (2),

      the person must immediately notify the WorkCover Authority of the carrying out of the process or operation.

(5)  Subject to this Regulation, the area within 5 metres from a depot, other than an internal depot, must be kept clear of dry grass, unmown grass, undergrowth and all other combustible material.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

94   Fire hazards (vehicles and other appliances)

(1)  In this clause:

(a)  appliance means any kind of powered vehicle, plant, appliance or device, whether mobile or not, and whether or not it is designed for industrial, commercial or rural operation, and

(b)  a reference, in relation to a depot, to a location of a Zone is a reference to a location in or about the depot that is, or is within, that Zone as defined by AS 2430 or that is taken by any provision of this Regulation to be within that Zone.

(2)  The licensee of premises in or on which a depot is situated or the occupier of a depot in or on premises that are not licensed premises must not operate, or cause, permit or suffer any person to operate, in a location:

(a)  of Zone 1 or 2, an appliance powered by an internal combustion engine with spark ignition, or

(b)  of Zone 1, an appliance powered by an electric motor unless it:

(i)  complies with AS 1915 (Electric equipment for explosive atmospheres—Battery-operated vehicles) or another approved Standard, and

(ii)  is of an approved type, or

(c)  of Zone 2, an appliance powered by an electric motor unless it:

(i)  is not equipped with any arcing or sparking equipment or is equipped with arcing and sparking equipment protected in an approved manner, and

(ii)  is of an approved type, or

(d)  of Zone 1, an appliance powered by a compression ignition internal combustion engine unless it:

(i)  is so constructed or has been so modified that it conforms to the requirements set out in subclause (3) or with the provisions of AS 2359 (Powered industrial trucks), Part 12 (Hazardous areas), relating to operation in such a Zone, and

(ii)  conforms to the requirements set out in subclause (4), or

(e)  of Zone 2, an appliance powered by a compression ignition internal combustion engine unless it:

(i)  is so constructed or has been so modified that it conforms to the requirements set out in subclause (3) (f), (g) and (k), and

(ii)  is fitted with a switch to cut out all electrical equipment that may arc or spark and that switch is kept open at all times when the appliance is so operated, and

(iii)  conforms to the requirements set out in subclause (4).

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(3)  The requirements referred to in subclause (2) (d) (i) in relation to an appliance are that:

(a)  all electrical equipment is removed from the appliance or is protected by approved flame-proofing, pressurising or purging, or a combination of any or all of these methods, or other approved means, and

(b)  adequate flame paths on all inlet and exhaust connections are provided, and

(c)  all joints in the inlet and exhaust lines including the attachment of the inlet and exhaust manifold to the block have at least 12 millimetre sealing paths, and

(d)  gaskets, if used, are of copper 1.5 millimetres thick or material of any other approved kind, and

(e)  a flame trap is fitted to the inlet, and

(f)  a strangler is fitted in the inlet, with controls that are within easy reach of the operator of the appliance when he or she is at the operating position, and

(g)  a water wash box is provided for quenching the exhaust and the wash box contains sufficient water to allow 8 hours’ operation without refilling, and

(h)  either:

(i)  a flame trap consisting of a stack of stainless steel plates spaced not more than 0.4 millimetres apart and having a depth of not less than 50 millimetres in the direction of the gas stream is fitted to the end of the exhaust, or

(ii)  an approved water wash box is used with a make-up tank and a low-level cut-off switch that are such that if the water level in the box drops to a level that renders the water wash inoperative the motor will automatically stop and cannot be restarted until the water is replenished, and

(i)  the maximum temperature reached by any part of the appliance in contact with the atmosphere outside it does not at any time exceed 200°Celsius when it is in operation, and

(j)  all components of the appliance are of sufficient strength to withstand an internal explosion of a mixture of propane and air giving the highest explosion pressure possible for such a mixture, and

(k)  mechanical sparks cannot be produced in the engine compartment of the appliance through its operation.

(4)  The requirements referred to in subclause (2) (d) (ii) and (e) (iii) in relation to an appliance are that:

(a)  the assembled appliance has been inspected by an inspector and approved by him or her, and

(b)  its engine unit is at all times maintained in good condition and efficient working order, and

(c)  if a flame trap is provided under this clause, it is cleaned with a suitable chemical detergent at the end of each day or shift during which the appliance has been operated, and

(d)  the water wash tank so provided and the wash box make-up tank if so provided are drained, flushed and refilled at the end of each such day or shift, and

(e)  the baffles in the water wash box are removed and cleaned at such regular intervals as are desirable for the efficient operation of the wash box having regard to its construction and the condition of the engine.

95   Electrical apparatus and wiring

(1)  A building, structure, room, compartment, tank, store, area or receptacle must not be used as a depot unless its electrical wiring and equipment and the electrical wiring and equipment in its immediate precincts delimited a hazardous area by the relevant provisions of AS 2430:

(a)  conform to the provisions of AS 3000 (SAA Wiring Rules) that relate to electrical equipment in hazardous locations, and

(b)  are approved.

(2)  A fuel dispenser must not be used to dispense dangerous goods of Class 2.1 or 3 unless the electrical equipment in the area around the fuel dispenser delimited a hazardous area by the relevant provisions of AS 2430:

(a)  conforms to the provisions of AS 3000 that relate to electrical equipment in hazardous locations, and

(b)  is approved.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

96   Sprinklers, fire hose reels and hydrants

If this Part requires the provision in or in respect of a depot of:

(a)  sprinklers—they must conform to the requirements of AS 2118 (Automatic fire sprinkler systems) that relate to the fire hazard in respect of which they are provided, or

(b)  fire hose reels—they must be installed and maintained in accordance with AS 2441 (Installation of fire hose reels) and AS 1851 (Maintenance of fire protection equipment), Part 2 (Fire hose reels), or

(c)  fire hydrants—they must be installed and maintained in accordance with AS 2419 (Fire hydrant installations).

Contravention of this clause is an offence and is punishable in accordance with clause 340.

97   Requirements for fire-fighting equipment

(1)  Apparatus and equipment for fire-fighting, other than portable fire extinguishers, required by or under this Part to be provided in or on premises:

(a)  must be compatible with the apparatus and equipment of the relevant fire authority, and

(b)  must not be installed unless their plans and specifications have been approved, and

(c)  must be so maintained that they are at all times in an efficient state and capable of instant use.

(2)  If by or under this Part a fire hydrant is required to be provided at a place in or on premises:

(a)  a hose (or 2 hoses, in total) at least 30 metres long, together with a hose nozzle, hose connectors, 2 hydrant spanners and any other fittings that are necessary, must be provided at that point, and

(b)  the hydrant must be capable of throwing a water stream to a distance of 20 metres from a 30 metre hose equipped with a 25 millimetre diameter nozzle, and

(c)  if more than one hydrant is required to be provided, such number of adjustable stream nozzles as is sufficient for the needs of the fire-fighting installation, and to enable that installation to be operated from at least 2 hydrant points, must be provided.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

98   Fire extinguishers to be provided at certain depots

(1)  If by clause 99 a notice and label, or notice and labels, are required to be kept exhibited at a depot, at least one dry chemical fire extinguisher having a rating of at least 60B when tested in accordance with AS 1850 (Portable fire extinguishers—Classification, rating and performance testing) must at all times be provided at and for the protection of the depot and in such a position that it can conveniently be used for such protection.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  Subclause (1) does not require the provision of more than one fire extinguisher for 2 or more depots in or on the same premises if that clause can be complied with by the provision of one fire extinguisher for both or all those depots.

(3)  Subclause (1) does not apply to or in respect of a depot of any class if specific provision is made by this Regulation for the provision of fire-fighting equipment in respect of depots of that class.

99   Notices and labels to be exhibited at depots

(1)  Subject to subclause (2), there must at all times be kept exhibited at an above-ground depot (other than an internal magazine) for the keeping of dangerous goods of the class or description specified in Column 1 of the Table to this clause:

(a)  a notice containing only:

(i)  the words specified in Column 3 of the Table opposite that class or description of dangerous goods, or

(ii)  if “Proper Shipping Name of the goods” is specified, that name, and

(b)  a label setting out the class to which the goods belong.

(2)  A notice or label need not be kept exhibited at a depot for the keeping of dangerous goods of the class or description specified in Column 1 of the Table if the quantity of dangerous goods of that class or description kept in the depot does not exceed the quantity specified in Column 2 of the Table opposite that class or description of dangerous goods.

(3)  At any depot, whether licensed or not, in or on which is kept a quantity of dangerous goods exceeding:

(a)  if the goods kept are of Class 2.2 (not being a cryogenic liquid)—300 cubic metres measured at MSC, or

(b)  if the goods kept are of any other class (or a combination of any other classes)—1 000 kilograms in the case of solids or 1 000 litres in the case of liquids,

      there must at all times be kept exhibited a notice containing the words “Danger No Smoking” and a label setting out the class to which the goods belong and the subsidiary risk, if any, assigned to the goods (aerosols being dangerous goods of Class 2.1 or 2.3 kept in retail outlets are exempt from these requirements).

(4)  At a licensed depot in or on which are kept dangerous goods of subsidiary risk 3, 4.1, 4.2, 4.3 or 5.1 there must at all times be kept exhibited a notice containing the words “Keep Fire Away”.

(5)  The requirements of this clause relating to the exhibition of notices and labels are additional to each other.

(6)  A notice must be in letters at least 50 millimetres high and conforming to Type B of AS 1744 (Forms of letters and numerals for road signs).

(7)  A notice required to be kept exhibited at a depot for the keeping of dangerous goods of Class 1.1B, 1.1D, 1.2 or 1.3 must be in accordance with AS 2187 (Explosives—Storage, transport and use), Part 1 (Storage).

(8)  A label must have sides of at least 250 millimetres in length and, subject to subclause (7), conform to the specifications for class labels and subsidiary risk labels in the ADG Code.

(9)  The notice and label must be kept exhibited in such a position as to be clearly legible by any person approaching or at the depot, and if there is more than one point of access to the depot, the notice and label must be kept exhibited at each point of access in such a position as to be clearly legible by persons when having access to the depot at that point.

(10)  No writing or sign may be displayed at or near a notice or label required to be exhibited by this clause if the writing or sign contradicts, qualifies or distracts attention from the notice or label.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

Table   Notices to be exhibited at depots

Column 1 Class or description of dangerous goods	Column 2 Exemption quantity (labelling level)	Column 3 Notice to be exhibited
Class 1.1B, 1.4B or 1.4S, being detonators	110	Detonators
Class 1.1, not being detonators	2.5 kg	Explosives
Class 1.2	2.5 kg	Explosives
Class 1.3	2.5 kg	Explosives
Class 1.4, not being detonators or Class 1.4S	200 kg	Explosives
Class 1.4S, not being detonators	1 000 kg	Proper Shipping Name of the goods
Class 1.5	2.5 kg	Explosives
Toy fireworks (regardless of whether they are of Class 1.3G, 1.4G or 1.4S)	1 000 kg	Danger No Smoking; Fireworks; Keep Fire Away
(All Class 1 mass limits are NEQ)
Class 2.1, if liquefied, not being unodorized LP gas	150 kg	Danger No Smoking; Keep Fire Away
Class 2.1, being unodorized LP gas	150 kg	Danger No Smoking; Keep Fire Away; Unodorized LP Gas
Class 2.1, if not liquefied	60 cu m (at MSC)	Danger No Smoking; Keep Fire Away
Class 2.2, not being a cryogenic liquid	300 cu m (at MSC)	Danger No Smoking
Class 2.2, being a cryogenic liquid but including UN No 2187 and UN No 2201	300 cu m (at MSC)	Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 2.3, if liquefied	50 kg	Danger No Smoking; Proper Shipping Name of the goods
Class 2.3, if liquefied and with subsidiary risk of 2.1	50 kg	Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 2.3, if not liquefied	20 cu m (at MSC)	Danger No Smoking; Proper Shipping Name of the goods
Class 2.3, if not liquefied and with subsidiary risk of 2.1	20 cu m (at MSC)	Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 3, Packing Group I	100 L	Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 3, Packing Group II or III	1 000 L	Danger No Smoking; Keep Fire Away
Class C1 or C2 combustible liquids	1 000 L	Danger No Smoking; Keep Fire Away
Class 4.1, Packing Group I or nitrocellulose (UN No 2557)	25 kg or L	Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 4.1, Packing Group II, being self-reactive substances (UN Nos 3221 to 3240 inclusive)	50 kg or L	Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 4.1, Packing Group II, not being self-reactive substances or nitrocellulose, or III	1 000 kg or L	Danger No Smoking; Keep Fire Away
Class 4.2, Packing Group I	25 kg or L	Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 4.2, Packing Group II or III	1 000 kg or L	Danger No Smoking; Keep Fire Away
Class 4.3, Packing Group I	25 kg or L	Danger No Smoking; Keep Fire Away; Keep Water Away; Proper Shipping Name of the goods
Class 4.3, Packing Group II or III	1 000 kg or L	Danger No Smoking; Keep Fire Away; Keep Water Away
Class 5.1, Packing Group I	25 kg or L	Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 5.1, Packing Group II or III	1 000 kg or L	Danger No Smoking; Keep Fire Away
Class 5.2	1 000 kg or L	Danger No Smoking; Keep Fire Away
Class 6.1, Packing Group I	10 kg or L	Danger No Smoking; Proper Shipping Name of the goods
Class 6.1, Packing Group II or III	1 000 kg or L	Danger No Smoking
Class 8, Packing Group I	50 kg or L	Danger No Smoking; Proper Shipping Name of the goods
Class 8, Packing Group II or III	1 000 kg or L	Danger No Smoking
Class 9	1 000 kg or L	Danger No Smoking

Aerosols being dangerous goods of Class 2.1 or 2.2 kept in retail outlets are exempt from these requirements.

100   Dangerous goods to be removed from premises on termination of licence

If:

(a)  a licence for premises has ceased to be in force, and

(b)  no person is the occupier of the premises, and

(c)  a person has an immediate right to enter into the occupation of the premises,

the person referred to in paragraph (c) must immediately remove or cause to be removed from the premises all dangerous goods, other than goods to the keeping of which this Part does not apply, that are in or on the premises.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

101   Vents in ventilating systems

If, in accordance with this Part, a vent has been provided for natural ventilation, or as part of or in connection with a mechanical ventilation system, a person must not prevent the vent from operating or affect its operation by placing articles or substances in or near it.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

Division 2 Keeping of explosives

102   Certain explosives that may be kept in or on unlicensed premises

(1)  For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of explosives that may be kept in or on the same unlicensed premises is:

(a)  not more than 2.5 kilograms of blasting explosives (as defined in Division 4, Part 4), not more than 110 detonators and not more than 250 metres of detonating fuse if the explosives have been received under the authority of a shotfirer’s permit or a permit under Division 4 of Part 4 (Issue by police of permits to receive explosives), or

(b)  an unlimited quantity if the explosives are display fireworks received under the authority of a single occasion fireworks permit or pyrotechnicians permit, or

(c)  an unlimited quantity if the explosives are:

(i)  safety cartridges not kept for sale, or

(ii)  dangerous goods of Class 1.4S (not being detonators), not elsewhere specified in this subclause, or

(d)  not more than 2 000 rounds if the explosives are safety cartridges kept for sale, or

(e)  10 kilograms or less if the explosive is a propellant powder received under the authority of a firearms licence, or

(f)  2.5 kilograms or less if the explosive is a propellant powder received under the authority of a shotfirer’s permit or a permit under Division 4 of Part 4, or

(g)  10 kilograms NEQ or less of distress signals and one tonne or less of toy fireworks if the explosives are distress signals not kept for sale and toy fireworks, or

(h)  an unlimited quantity if the explosives have been received under the authority of a collector’s permit.

(2)  For the purposes of subclause (1), explosives that are kept by a person in or on premises within one kilometre of each other are taken to be kept in or on the same premises.

103   Conditions subject to which certain explosives may be kept

(1)  This clause applies to explosives that may be kept in or on the same unlicensed premises in the quantities prescribed by clause 102, but does not apply to:

(a)  distress signals kept for sale in a quantity not exceeding 10 kilograms NEQ, or

(b)  safety cartridges kept by the holder of a licence under section 21 of the Act for sale under the authority of the licence.

(2)  For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions for the keeping of explosives to which this clause applies are as prescribed by this clause.

(3)  Propellant powder, blasting explosives or detonating fuse must be kept:

(a)  in a securely locked container or containers in a place where the explosives will be inaccessible except to the person keeping the explosives or persons acting with his or her authority, and

(b)  in a building that is kept securely locked at all times except when a trustworthy person of or over the age of 18 years is in it and exercising supervision over the explosives.

(4)  Fuse lighters must not be kept in a container referred to in subclause (3).

(5)  Detonators must be kept:

(a)  in a securely locked container containing nothing except detonators, and

(b)  away from all other explosives, and

(c)  in a building that is kept securely locked at all times except when a trustworthy person of or over the age of 18 years is in it and exercising supervision over the detonators.

(6)  Safety fuse, safety cartridges and other ammunition that are dangerous goods of Class 1.3 or 1.4 must be kept in a cool and dry place away from all other explosives.

(7)  No substance or article of a highly flammable nature may be kept otherwise than at a safe distance from the explosives and the building in which they are kept.

104   Keeping and handling of explosives generally

Subject to this Regulation, a person having explosives in his or her possession must ensure that they are kept and handled in accordance with AS 2187 (Explosives—Storage, transport and use).

105   Conditions under which distress signals and display fireworks may be kept for sale

(1)  In this clause:

packaging does not include a container that is made from plastics film less than 38 micrometres thick.

receptacle means a cupboard, drawer, enclosed shelf, glass showcase or trunk, or metal or wooden box, that is capable of being closed.

(2)  This clause applies to distress signals in a quantity not exceeding 10 kilograms NEQ and display fireworks.

(3)  For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions for the keeping of distress signals or display fireworks are as prescribed by this clause.

(4)  If distress signals or display fireworks are kept in a shop:

(a)  they must not be placed in a window display, and

(b)  they must, except where otherwise approved, be kept:

(i)  if they are in a part of the shop to which the public has access—in sealed sparkproof packagings contained in closed receptacles, or

(ii)  if they are in a part of the shop to which the public does not have access—in closed receptacles or in sealed sparkproof packagings, and

(c)  they must be kept in such manner as does not impede the free movement of persons, and

(d)  they must be separated from any other dangerous goods and from any combustible materials.

(5)  A receptacle that contains distress signals or display fireworks:

(a)  must not be used otherwise than as a container for other distress signals or display fireworks, and

(b)  must not be opened except when other distress signals or display fireworks are being placed in or taken from it, and

(c)  must at all times be kept clean and free of dust and grit, and

(d)  must not have in it any matches, including Bengal matches, and

(e)  must not have in it any means of artificial lighting.

(6)  All reasonable precautions must be taken to prevent:

(a)  the occurrence of accidents through the explosion or ignition from any cause of distress signals or display fireworks, and

(b)  the doing in or on the premises or place where distress signals or display fireworks are kept of any act that may cause or tend to cause fire and that is not reasonably necessary, and

(c)  unauthorised persons from having access to distress signals or display fireworks.

106   Conditions under which certain safety cartridges may be kept for sale

(1)  For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions for the keeping of safety cartridges by the holder of a licence under section 21 of the Act for sale under the authority of the licence are as prescribed by this clause.

(2)  Safety cartridges must be kept in a building in:

(a)  a locked room, or

(b)  a magazine conforming to clause 118, or

(c)  the original outer packaging in which they were received, or

(d)  enclosed packets on a shelf, or in a cupboard or similar receptacle, if:

(i)  the packets are so placed as to prevent unauthorised persons from having access to them, and

(ii)  the building is kept locked at all times except when the licensee, or an employee of the licensee having the duty of exercising supervision over the cartridges, is in the building and able to exercise supervision over the cartridges.

(3)  Safety cartridges must not be placed or kept in a shop window or kept on a shop counter.

(4)  Safety cartridges must not be kept in a room or magazine, or in a cupboard or other receptacle, in which there are other explosives, unless they are separated from the other explosives by a partition of such substance and construction, or by such space, or by both, that an explosion or fire will not be communicated from the cartridges to the other explosives, or from the other explosives to the cartridges.

107   Magazines (separation distances)

(1)  In this clause:

magazine means an external magazine that is a licensed magazine.

(2)  Subject to subclause (3), if a provision of AS 2187 (Explosives—Storage, transport and use), Part 1 (Storage), requires a magazine to be located not less than a specified distance from any place, building, installation or thing, that distance is, in relation to that magazine, a prescribed separation distance for the purposes of clause 86.

(3)  If, in the licence for a magazine, a distance is specified as a separation distance in relation to the magazine, that distance is a separation distance for the purposes of clause 86 instead of the separation distance that would otherwise have been applicable.

(4)  A distance specified under subclause (3) must be not less than one half of the separation distance that would otherwise have been applicable.

(5)  The WorkCover Authority must not specify under subclause (3) a distance less than that which would otherwise be applicable in relation to:

(a)  a protected place—unless the place is a road, a street, a thoroughfare, a reserve, dedicated land, park land, a waterway, a railway or a tramway and it is satisfied that the place is not frequently used or resorted to by the public, or

(b)  protected works Class B within the meaning of AS 2187—unless the work is a building occupied by the occupier of the magazine.

(6)  In ascertaining the prescribed separation distance between any 2 magazines for the purposes of clause 86, the licensed capacity of either one must be taken to be its licensed capacity or that of the other, whichever is the greater.

108   Construction of external magazines

(1)  In this clause, magazine means an external magazine that is a licensed magazine.

(2)  A magazine must comply with Part 1 of AS 2187 and with the provisions of this clause.

(3)  A building must not be licensed to contain more explosives than the quantity permitted by subclause (4) (e).

(4)  A magazine must be a building and must:

(a)  have walls of steel plate not less than 5 millimetres thick, reinforced concrete not less than 125 millimetres thick or brick not less than 225 millimetres thick set in cement mortar, and

(b)  have a roof of steel plate not less than 5 millimetres thick with a shade roof, or a roof of reinforced concrete not less than 75 millimetres thick, and

(c)  be lined on the inside of its walls, door or doors, ceiling and floor with a lining conforming to subclause (8), and

(d)  if the magazine is licensed to contain more than 150 kilograms of explosives—be equipped with lightning protection conforming to the relevant provisions of AS 1768 (Lightning protection), and

(e)  have an internal volume not less than 0.4 cubic metres for each 100 kilograms of explosives it contains and sufficient internal volume to permit free circulation of air and ready access to the explosives, and

(f)  be ventilated by means of wall vents, which must be adequately protected.

(5)  Paragraphs (a) and (b) of subclause (4), in their application to a magazine built before 31 December 1999, are to be read as if “3 millimetres” were substituted for “5 millimetres”.

(6)  Every internal door of a magazine must be of wood.

(7)  All locks and fittings of an internal door of a magazine must be of non-ferrous metal.

(8)  The lining of a magazine must:

(a)  be such that no iron or steel is exposed on the interior of the wall, door or doors, ceilings or floor, and

(b)  consist of:

(i)  close-fitting boards joined together by tongue and groove joints, or

(ii)  reconstituted wood, or

(iii)  marine quality plywood, and

(c)  be not less than 10 millimetres thick on the walls, door or doors and ceiling and not less than 25 millimetres thick on the floor, and

(d)  be so secured by non-ferrous fastenings or secret nailing to bearers on the walls, door or doors and roof that there is an air space of at least 20 millimetres between the lining and every wall and door and between the lining and the roof, and

(e)  be supported on the floor by joists spaced at not more than 0.5 metre centres.

(9)  A magazine licensed to contain more than 1 000 kilograms of blasting explosives must be surrounded by a mound complying with Part 1 of AS 2187.

(10)  A magazine may have a porch and any such porch must:

(a)  be of the same construction as the remainder of the magazine, and

(b)  be used only for the keeping of tools or implements used in connection with the magazine or the changing of clothes and shoes, or for both purposes,

      and may have an inner door opening into the interior of the magazine.

(11)  A magazine must not be heated artificially otherwise than by means of steam, hot air or hot water and the heat so employed must be generated at a safe distance from the magazine, every other magazine and every process building.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

109   Exhibition of notices in magazines

(1)  There must at all times be kept prominently exhibited inside an external magazine that is a licensed magazine a clearly legible notice setting out:

(a)  the quantity of explosives (including the number of detonators, if any) that the magazine is authorised to contain under the licence for the premises in or on which it is situated, and

(b)  if it is a condition of the licence for those premises that not more than a specified number of persons is to be permitted to be present in the magazine at any one time—a statement to the effect that not more than that number of persons is to be present in the magazine.

(2)  There must at all times be kept prominently exhibited inside a licensed magazine a clearly legible copy of so much of this Regulation, of any other Regulations and of any Act as the WorkCover Authority may, by notice served on the licensee, require.

(3)  Every notice and copy required by this clause to be kept exhibited inside a magazine must be kept securely fixed to an interior wall of the magazine in such a position that the notice or copy will not be obscured by an opened door, stacked goods or otherwise.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

110   Keeping of explosives of different compatibility groups

Subject to the applicable provisions of Part 1 of AS 2187, explosives of more than one compatibility group must not be kept in the same magazine.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

111   Magazine keeper

(1)  An external magazine that is a licensed magazine must at all times have a magazine keeper.

(2)  The licensee and the magazine keeper must comply (or cause compliance) with clauses 112 and 114–116.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

112   Certain articles to be provided

(1)  In this clause, magazine means an external magazine that is a licensed magazine.

(2)  There must at all times be provided in a magazine that does not contain any gunpowder or firework composition:

(a)  a hair broom, and

(b)  a coir mat about 750 millimetres by 500 millimetres in size.

(3)  There must at all times be provided in a magazine that contains gunpowder or firework composition:

(a)  a hair broom, and

(b)  a coir mat about 750 millimetres by 500 millimetres in size, and

(c)  a sufficient number of suitable copper, brass or wooden tools or implements for opening packages, and

(d)  if persons are to enter the magazine, suitable footwear or a sufficient number of overshoes (not having any exposed iron or steel) for use by those persons.

(4)  The mat, tools or implements and footwear or overshoes prescribed by subclause (3) must be kept in a suitable cupboard or area in the magazine when they are not in actual use.

(5)  A person must not enter a magazine that contains gunpowder or firework composition unless he or she is wearing footwear or overshoes provided under subclause (3).

113   Prevention of introduction of hazardous articles into magazines

The licensee of premises in or on which a magazine is situated must, in order to prevent persons employed or engaged in or about the magazine from taking articles or substances into it in contravention of clause 93 (1):

(a)  provide them with, and require them to wear whenever they are in the magazine, approved working clothes without pockets, and suitable footwear, or

(b)  maintain an effective system of search, or

(c)  take any other effective measures necessary.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

114   Magazines to be kept locked

(1)  An external magazine that is a licensed magazine must be kept securely closed and locked at all times except when goods are being placed in or taken from it or when it must be kept open for some other purpose in connection with its management.

(2)  The keys to such a magazine must at all times be in the custody of a trustworthy person and kept readily available for production to an inspector.

115   Packagings of gunpowder or other powder

(1)  Packagings of gunpowder or other propellant powder must not be opened in a magazine unless all the explosives in them is contained in inner packagings.

(2)  Packaging that has any exposed iron or steel must not be used for the keeping of gunpowder or firework composition in a magazine.

116   Thunderstorms

Whenever a thunderstorm appears to be imminent in the vicinity of an external magazine that is a licensed magazine, every person engaged in or about the magazine must be withdrawn to a safe distance from it and it must be kept closed and locked until the thunderstorm has ceased or the threat of it has passed.

117   Restrictions on use of internal magazines

(1)  An internal magazine must not be specified as a magazine in a licence for premises unless it is specified as a magazine:

(a)  for the keeping of the prescribed kinds and quantities of explosives, and

(b)  for use under the prescribed conditions.

(2)  The prescribed kinds and quantities of explosives referred to in subclause (1) (a) are:

(a)  not more than 50 kilograms of blasting explosives, or not more than 50 kilograms of propellant powder being dangerous goods of Class 1.1, or

(b)  not more than 20 000 detonators, or

(c)  not more than 200 kilograms of propellant powder being dangerous goods of Class 1.3, or

(d)  not more than 200 kilograms NEQ of distress signals or display fireworks.

(3)  The licensee of premises in which an internal magazine is situated must not use the magazine except in conformity with the prescribed conditions.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(4)  The prescribed conditions referred to in subclauses (1) (b) and (3) are that no 2 or more internal magazines must be in the same building:

(a)  if both or all or any 2 or more of them contain explosives described in a paragraph of subclause (2), and

(b)  unless each is separated from the other or every other by a distance of at least 10 metres.

(5)  The distance referred to in subclause (4) (b) is the length of a straight line (whether horizontal or not) from one magazine to another.

118   Internal magazines for blasting explosives and certain other explosives

(1)  An internal magazine for the keeping of blasting explosives, propellant powder (being dangerous goods of Class 1.1) or detonators must:

(a)  consist of a strong receptacle fitted with a close-fitting lid, and

(b)  be constructed of wood covered on the outside with sheet steel not less than 0.8 millimetres thick or (subject to subclause (2)) be of approved construction, and

(c)  subject to paragraph (d), be painted red on the whole of the outside of its top and sides, and

(d)  be clearly marked in white letters with:

(i)  the word “DETONATORS” if detonators and no other explosives are kept in it, or

(ii)  in any other case, the word “EXPLOSIVES” and the licensed capacity of the magazine, and

(e)  be fitted with handles for lifting it.

(2)  An internal magazine in which gunpowder is kept must be lined with wood and all its fittings must be of non-ferrous metal.

(3)  All the fittings of an internal magazine referred to in subclause (1) in which no gunpowder is kept must be of steel and the magazine must be fitted with a lock having a steel hasp.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

119   Keeping of certain propellant powder and fireworks

(1)  An internal magazine for the keeping of propellant powder (being dangerous goods of Class 1.3) or fireworks must be:

(a)  a receptacle constructed, painted, marked and fitted as described in clause 118 (1) and (3), or

(b)  a cabinet conforming (unless otherwise approved) to the following requirements:

(i)  the walls, floor, door or doors and roof must be of double-walled sheet steel construction, with a space between the walls not less than 40 millimetres in width either left empty or filled with non-combustible insulation, and

(ii)  the door or doors must be self-closing, close-fitting, held shut by catches at not fewer than 2 points and fitted with a lock, and

(iii)  the word “EXPLOSIVES” and the licensed capacity of the magazine must be clearly marked on its outside in white letters on a red background.

(2)  A person who keeps toy fireworks in a quantity in excess of one tonne must keep them under dry conditions in a building or freight container that is kept securely locked at all times except when a trustworthy person of or over the age of 18 years is in the building or by the freight container and exercising supervision over the fireworks.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

Division 3 Keeping of dangerous goods of Class 2

120   Definitions

In this Division:

dangerous goods means dangerous goods of Class 2.

depot means a depot for the keeping of dangerous goods.

121   Certain gases that may be kept in or on unlicensed premises

(1)  For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods that may be kept in or on the same unlicensed premises is:

(a)  300 kilograms or less if the goods are a liquefied flammable gas in a container or containers connected to one or more consuming devices, or

(b)  150 kilograms or less if the goods are a liquefied flammable gas not kept for sale and not in a container connected to one or more consuming devices, or

(c)  25 kilograms or less if the goods are a liquefied flammable gas kept for sale in containers each containing not more than 6 kilograms of the gas, or

(d)  an unlimited quantity if the goods are a liquefied flammable gas (other than aerosols (UN No 1950)) in disposable containers, or

(e)  60 cubic metres or less if the goods are of Class 2.1 other than:

(i)  a liquefied gas, or

(ii)  aerosols (UN No 1950), or

(f)  5 000 kilograms or less if the goods are aerosols (UN No 1950) being dangerous goods of Class 2.1 not kept for sale, or

(g)  600 cubic metres or less if the goods are of Class 2.2 being a cryogenic liquid, or

(h)  an unlimited quantity if the goods are of Class 2.2 not being a cryogenic liquid, or

(i)  2 500 kilograms or less if the goods are a liquefied flammable gas or anhydrous ammonia kept:

(i)  for use (other than for sale) by the person keeping the goods in or on the premises or place where they are kept, and

(ii)  elsewhere than in a city or town, and

(iii)  at a distance of at least 30 metres from any public place or protected work, or

(j)  20 cubic metres or less if the goods are of Class 2.3 other than:

(i)  a liquefied gas, or

(ii)  aerosols (UN No 1950), or

(k)  50 kilograms or less if the goods are:

(i)  a liquefied toxic gas, or

(ii)  aerosols (UN No 1950) being dangerous goods of Class 2.3,

      kept in or on premises or a place not open to the public.

(2)  The volumes referred to in subclause (1) are volumes measured at MSC.

(3)  For the purposes of section 9 (1) (c) of the Act, the manner in which and the conditions subject to which the dangerous goods referred to in subclause (1) in the quantities prescribed by that subclause are to be kept are that:

(a)  the provisions of Part 3 and the applicable provisions of AS 4332 (The storage and handling of gases in cylinders) are observed, and

(b)  in the case of the goods referred to in subclause (1) (d), if kept in a quantity exceeding 100 kilograms, the disposable containers are:

(i)  in groups each containing not more than 100 kilograms of gas and at least 6 metres from each other, or

(ii)  in, or directly ventilated to, the open air and separated by at least 3 metres from any combustible material.

122   Depots (general)

(1)  A depot for the keeping, otherwise than in cylinders, of:

(a)  dangerous goods other than toxic gas—must be a tank as prescribed by clause 123, or

(b)  toxic gas—must be:

(i)  a tank as prescribed by clause 123, or

(ii)  a building as prescribed by clause 124 in which the gas is kept in tanks none of which has a capacity exceeding 2 cubic metres, or

(iii)  an area as prescribed by clause 125 in which the gas is kept in tanks none of which has a capacity exceeding 2 cubic metres.

(2)  A depot for the keeping of dangerous goods in cylinders of a capacity of 500 litres or less must comply with AS 4332.

(3)  A depot for the keeping of dangerous goods in cylinders of a capacity of more than 500 litres must comply with the provisions of this Division applicable to tanks that are depots.

(4)  Subclause (2) does not apply to a depot in relation to the keeping of cylinders of:

(a)  anhydrous ammonia if they are kept in compliance with AS 2022 (SAA anhydrous ammonia code), or

(b)  cryogenic fluids if they are kept in compliance with AS 1894 (The storage and handling of non-flammable cryogenic and refrigerated liquids), or

(c)  liquefied chlorine gas if they are kept in compliance with AS 2927 (The storage and handling of liquefied chlorine gas), or

(d)  liquefied natural gas if they are kept in compliance with AS 3961 (Liquefied natural gas—Storage and handling), or

(e)  liquefied petroleum gas if they are kept in compliance with AS 1596 (Storage and handling of LP gas).

(5)  A depot must not, except with the approval in writing of the WorkCover Authority, be used for the keeping of dangerous goods of Class 2.1 below ambient temperature.

(6)  If a depot is used for the keeping of dangerous goods of Class 2.1 or 2.3, being aerosols (UN No 1950), and more than 1 000 kilograms of the goods are kept within an imaginary sphere of 5 metres diameter, the goods must be kept:

(a)  in a place that allows for the safe dispersal of gas or vapours that might escape from leaking containers, and

(b)  in an enclosure preventing the projection of containers if involved in a fire, and

(c)  at least 5 metres from any other class of dangerous goods (not being aerosols (UN 1950)) or any combustible material, and

(d)  at least 3 metres from any fixed ignition sources (other than electric ceiling lighting).

Contravention of this clause is an offence and is punishable in accordance with clause 340.

Note. See clause 237 for further provisions regarding the keeping and handling of cylinders of gas.

123   Depots (tanks)

(1)  A tank that is a depot must:

(a)  if it is used for:

(i)  the keeping of gas under pressure—be a pressure vessel conforming to an approved code or standard or to approved specifications, or

(ii)  the keeping of gas at a temperature below ambient temperature—be a storage vessel for refrigerated gas conforming to an approved code or standard or to approved specifications, or

(iii)  the keeping of gas under any other conditions—be an approved tank, and

(b)  be an above-ground tank, and

(c)  be fitted with an approved safety relief device so placed that flames from the device will not impinge on the tank or any other depot, and

(d)  have on all openings in use or to which pipes are connected, other than openings for safety relief devices and level gauges, valves so fitted that they are within the tank or as close to the shell of the tank as possible, and

(e)  unless the licensed premises are so fenced that the public is effectively excluded from the area in which the depot is situated, be surrounded by a fence at least 1.8 metres high and at least 1.5 metres from the depot having:

(i)  2 gates that are on opposite sides of the depot and that open only outwards, or

(ii)  if the tank is a vertical tank that is used for the keeping of cryogenic liquids of Class 2.2, gates complying with subparagraph (i) or one gate that is located as far as practicable from any potential sources of leaks and that opens only outwards, and

(f)  if it is to remain in position for more than 6 months, be set on substantial non-combustible or hardwood supports, and

(g)  if it is to remain in position for not more than 6 months, be set on firm foundations and so that no movement of the tank that might impose a strain on the piping connected to it can take place, and

(h)  be readily accessible to persons having duties in relation to the depot and to equipment for the conveyance of goods to and from it.

(2)  There must be installed in the vicinity of a tank for the keeping of dangerous goods of Class 2.1, being unodorized liquefied petroleum gas, a flammable gas detector with at least 4 detecting heads evenly spaced around the tank that will give an automatic alarm, whenever the gas is present in the air at a head at a concentration of 25 per cent or more of the lower explosive limit of the gas, by:

(a)  producing a sound of not less than 105 decibels, and

(b)  giving a visible signal.

124   Depots (buildings)

(1)  A building that is a depot must conform to this clause.

(2)  The building must have either:

(a)  a framework of hardwood, steel or other approved material covered with fibre-cement, steel or other non-combustible sheeting material, or

(b)  walls of brick or masonry.

(3)  The floor of the building must be of hardwood or concrete and the space below the floor must be either completely open to the atmosphere or filled with solid material.

(4)  Adequate ventilation must be provided, taking into account the properties (including the density) of the gas to be kept in the depot, the depot’s location and any other relevant factors.

(5)  The roof must be of steel, fibre-cement, tiles or other approved non-combustible material and be so designed and constructed that gas cannot accumulate beneath the roof and that the tanks in the building are protected from direct sunlight.

(6)  The building must be made secure against entry by unauthorised persons.

125   Depots (areas)

(1)  Subject to subclause (2), an area that is a depot must:

(a)  be level, paved or of gravel, and drained, and

(b)  be clear of any combustible material, and

(c)  be capable of withstanding the mass of the dangerous goods containers to be kept in it, and

(d)  be an area defined by a surrounding fence at least 1.8 metres high having gates that open only outwards from the area and that are capable of being securely locked.

(2)  The WorkCover Authority may approve of the use as a depot of an area not defined by a surrounding fence if it is satisfied that:

(a)  the premises in which the area is situated are fenced, and

(b)  the area is not accessible to the public.

(3)  The licensee of a depot that is an area defined by a surrounding fence must at all times ensure that:

(a)  no dangerous goods are placed or kept within 300 millimetres of the fence, and

(b)  only equipment necessary for the operation of the depot is kept inside the fenced area.

126   Method of storage of certain articles

(1)  The licensee of premises licensed for the keeping of dangerous goods must observe, or cause to be observed, the requirements of this clause.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  A person engaged in work in or on premises licensed for the keeping of dangerous goods must, to the extent practicable having regard to the nature and scope of his or her duties or occupation, observe the requirements of this clause.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(3)  Empty cylinders for dangerous goods, if they are kept in or on the premises or kept elsewhere by the licensee for use in or on the premises, must be kept away from public places and protected works and with their valves closed.

(4)  Means of fire protection provided in compliance with clause 127 must at all times be kept available for instant use.

127   Fire protection

(1)  Premises licensed for the keeping of dangerous goods must be provided with means of fire protection, conforming to this clause, in respect of each depot in or on the premises.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  In respect of each depot, a garden hose of sufficient length to reach all parts of the depot must be provided and permanently attached to a water supply at a distance of 8 metres, or other approved distance, from the depot.

(3)  In respect of each depot for the keeping of more than 4 000 kilograms of liquefied flammable gas or more than 500 cubic metres of compressed flammable gas, 2 fire hydrants must be provided at opposite sides of the depot and not less than 20 metres or more than 30 metres from it.

(4)  In respect of each depot being a tank for the keeping of more than 50 000 kilograms of liquefied flammable gas or more than 7 000 cubic metres of compressed flammable gas, there must be provided fixed water sprays, or monitors, that will supply water at the rate of at least 10 litres per minute for each square metre of tank surface.

(5)  The requirements of subclause (3) are additional to those of subclause (2).

(6)  The requirements of subclause (4) are additional to those of subclauses (2) and (3).

(7)  Sufficient reticulated or stored water, or both, must be available to ensure that the water sprays or monitors provided under subclause (4) will supply water at the rate specified in that subclause for at least 3 hours to all the depots in or on the premises or, if there are more than 3 depots in or on the premises, to the 3 depots that have the greatest licensed capacities.

(8)  The licensee of the premises must:

(a)  each week test or cause to be tested the water sprays or monitors provided under subclause (4), and

(b)  keep for at least 3 years, and produce to an inspector whenever required by the inspector to do so, a record setting out the dates and results of those tests.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

128   Tanks or cylinders having common connections

(1)  If, in or on any premises, 2 or more tanks or cylinders for the keeping of dangerous goods have in common any connections for the passage of vapour or liquid, or both, the tanks or cylinders must be supported in such positions that the maximum liquid levels are in the same horizontal plane.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  Subclause (1) does not apply if approved valving or piping is installed to prevent uncontrolled liquid levelling.

129   Depots (tanks) for flammable gases (separation distances)

(1)  Subject to this clause, for the purposes of clause 86 a distance set out in Column 2 of the Table to this clause is, in relation to a tank that is a depot for the keeping of flammable gas, a prescribed separation distance from the depot to a work, place, installation or thing (an exposure) described in Column 1 of the Table opposite the distance.

(2)  Subject to subclause (3), if a screen wall is between a depot referred to in subclause (1) and an exposure, and the screen wall is such that the depot is completely obscured from the exposure, then, for the purposes of clause 86 (3), the distance between the depot and the exposure may, with the approval of the WorkCover Authority, be taken to be the distance between them measured around the screen wall.

(3)  Subclauses (1) and (2) do not apply to or in respect of the distance between 2 tanks containing flammable gas.

(4)  For the purposes of clause 86, the prescribed separation distance between 2 depots being tanks for the keeping of flammable gas is a distance equal to the diameter of the larger tank (or if they are of equal diameter, that diameter) or 3 metres, whichever is the lesser.

(5)  For the purposes of clause 86, the prescribed separation distance between:

(a)  a depot for the keeping of flammable gas below ambient temperature, and

(b)  a protected place or a protected work,

      is a distance determined by the WorkCover Authority and specified in the licence for the depot.

Table   Separation distance for depots (tanks) for flammable gases

Column 1 Exposure	Column 2 Separation distance (in metres)
Building or structure:
(a)  not of fire-resistant construction	15
(b)  of fire-resistant construction	3
(c)  being a protected work not of fire-resistant construction and not elsewhere specified in this Table	15
Opening into a protected work of fire-resistant construction not elsewhere specified in this Table	15
Above-ground depot for flammable liquid having a licensed capacity:
(a)  not exceeding 5 000 litres	8
(b)  exceeding 5 000 litres	15
Underground depot for flammable liquid (distance to be measured from vent and fill-pipe)	8
Public place	4
Place where solid materials that burn rapidly, such as wood shavings or paper, are stored	15
Place where solid materials that burn slowly, such as coal or timber, are stored	8

In this Table, fire-resistant means having a fire-resistance level of at least 60/240/240.

130   Deliveries to depots for unodorized liquefied petroleum gas

When a delivery of unodorized liquefied petroleum gas is made to a licensed depot, being a tank, by means of a vehicle in or on which the gas is carried in a tank:

(a)  the licensee of the premises in or on which the depot is situated must ensure that the vehicle:

(i)  does not stand on a public road, and

(ii)  stands in such a position that it can be driven away from the depot in a forward direction, and

(b)  while the gas is being transferred from the vehicle to the depot:

(i)  by a hose that is not vented when the delivery is completed—the space for a horizontal distance of 10 metres from the vehicle to a height of 3 metres is taken for the purposes of clause 94 to be a Zone 2 location, or

(ii)  by a hose that is vented—the space for a distance of 3 metres about the valve connections on the vehicle to a height of 3 metres is taken for those purposes to be a Zone 1 location, and the space laterally outside the firstmentioned space to a distance of 10 metres and a height of 3 metres is taken for those purposes to be a Zone 2 location.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

131   Charging of aerosols and disposable containers with liquefied flammable gas

(1)  In this clause, charging area means the area in a building in which aerosols or disposable containers are charged with liquefied flammable gas.

(2)  A person must not in a building, personally or by his or her employees or agents, charge aerosols or disposable containers with liquefied flammable gas:

(a)  without the prior approval of the WorkCover Authority, and

(b)  unless the requirements of subclauses (3)–(9) are observed.

(3)  The charging area in a building must be separated from all other parts of the building by a vapour-tight wall that may have the following but no other openings:

(a)  a doorway, and

(b)  openings each not exceeding 0.1 square metre in area for the passage of containers into and from the charging area.

(4)  A charging area must be equipped with a system of mechanical ventilation that is separate from any other such system in the building and so constructed, maintained and operated that:

(a)  the concentration of any gas escaping into the atmosphere of the charging area is at all times kept less than 25 per cent of the lower explosive limit of the gas, and

(b)  gas so escaping does not flow through any doorway or other opening referred to in subclause (3).

(5)  The ducting of the system of mechanical ventilation must not pass through any part of the building other than the charging area and must be such that the air drawn from the charging area is discharged into the atmosphere outside the building at a point above the level of every part of the roof of the building that is within 10 metres, measured laterally, from that point.

(6)  The door of a doorway referred to in subclause (3) must:

(a)  have double hinges so as to be able to be opened both inwards and outwards, and

(b)  be kept closed at all times except when it is necessarily open for the passage of persons or materials.

(7)  All piping conveying liquefied flammable gas from the storage tank for the gas to the charging area must:

(a)  conform to AS 4041 (Pressure piping) or be approved, and

(b)  be joined by welding, and

(c)  be equipped with a manual shut-off valve at the tank and a manual shut-off valve immediately outside the building, and

(d)  be equipped with an excess flow valve and a manual shut-off valve at every point where the gas enters a flexible connection to the charging machine.

(8)  The valves referred to in subclause (7) (c) and (d) must conform to AS 1596 (Storage and handling of LP gas) or be otherwise approved.

(9)  A gas detector that will function whenever liquefied flammable gas is present in the air at a concentration of 25 per cent or more of the lower explosive limit for the gas used to charge the aerosols or disposable containers must be installed in a position adjacent to every charging machine and every opening referred to in subclause (3) (b).

(10)  For the purpose of subclause (9), a gas detector functions if it:

(a)  produces a sound not less than 105 decibels, and

(b)  gives a visible signal, and

(c)  shuts off the flow of gas into the building referred to in subclause (3).

(11)  Clause 94 applies to and in respect of a charging area as if:

(a)  a reference in that clause to a depot or the licensee of premises in or on which a depot is situated were a reference to the charging area of a building or the occupier of that building, respectively, and

(b)  the charging area were a location in Zone 1, and

(c)  an area outside the charging area within a 5 metre radius of any of the openings referred to in subclause (3) and to a height of 1.5 metres above flood level were a location in Zone 2.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

132   Tanks, cylinders or other containers for cryogenic liquids

A licensee of premises in or on which is situated a tank, cylinder or other container (whether a depot or not) used for the keeping of dangerous goods being a cryogenic liquid must, in relation to the use of the tank, cylinder or other container, observe (or cause to be observed) the storage and handling requirements, operating conditions and procedures specified in AS 1894 (The storage and handling of non-flammable cryogenic and refrigerated liquids).

Contravention of this clause is an offence and is punishable in accordance with clause 340.

133   Depots for toxic gases (general)

(1)  The area within a building in or on licensed premises that comprises:

(a)  a space, at least 0.75 metres in width, immediately surrounding:

(i)  a depot that is a tank for the storage of toxic gas, and

(ii)  tanks containing toxic gas that are being kept in the building, and

(b)  a passageway at least 0.75 metres in width from the space referred to in paragraph (a) to an entrance to the building,

      must be demarcated by a yellow paint line on its outer borders and at all times kept free so as to allow convenient and unrestricted access by persons having duties in relation to the tank.

(2)  Adequate provision must be made for access to and movement around tanks in which toxic gas is kept in or on licensed premises otherwise than in a building.

(3)  If the WorkCover Authority so requires, a depot for the keeping of toxic gas must be provided with a system of mechanical ventilation such as will:

(a)  provide a flow of at least 15 cubic metres per minute, and

(b)  exhaust any air of the depot that may contain escaped toxic gas to an outlet situated at such a height that the airborne concentration of the gas at ground level is less than the concentration specified in respect of the gas in the publication entitled “Exposure Standards for Atmospheric Contaminants in the Occupational Environment” published by Worksafe Australia.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

134   Depots (tanks) for toxic gases (separation distances)

(1)  Subject to this clause, for the purposes of clause 86:

(a)  a distance set out in Column 2 of the Table to this clause is, in relation to a tank that is a depot for the keeping of toxic gas in a quantity not exceeding 600 cubic metres of compressed gas or 2 000 kilograms of liquefied gas, a prescribed separation distance from the depot to a place or work (an exposure) described in Column 1 of the Table opposite the distance, and

(b)  a distance set out in Column 3 of the Table is, in relation to a tank that is a depot licensed for the keeping of toxic gas in a quantity exceeding 600 cubic metres of compressed gas or 2 000 kilograms of liquefied gas, a prescribed separation distance from the depot to an exposure described in Column 1 of the Table opposite the distance.

(2)  Subject to subclause (3), if a screen wall is between a depot referred to in subclause (1) and an exposure, the distance between the depot and the exposure is taken to be the distance between them measured around the screen wall.

(3)  Subclause (2) does not apply to or in respect of the distance between 2 tanks containing toxic gas.

(4)  For the purposes of clause 86, the prescribed separation distance between 2 depots that are tanks for the keeping of toxic gas is a distance equal to the diameter of the larger tank (or if they are of equal diameter, that diameter) or 3 metres, whichever is the lesser.

Table   Separation distance for depots (tanks) for toxic gases

	Separation distance (in metres)
Column 1 Exposure	Column 2	Column 3
Public place	15	30
Protected work other than depot	30	60
Depot	15	25

Division 4 Keeping of dangerous goods of Class 3 and combustible liquids

135   Definition

In this Division, dangerous goods means dangerous goods of Class 3 and combustible liquids.

136   Goods that may be kept in or on unlicensed premises

(1)  For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods that may be kept in or on the same unlicensed premises is:

(a)  if the goods are of Class 3 Packing Group I or II not kept in an underground tank—100 litres or less, or

(b)  if the goods are of Class 3 Packing Group III not kept in an underground tank—1 000 litres or less, or

(c)  if the goods are of Class 3 kept in or on any premises or place not less than 2 hectares in area in or on which a rural industry is carried on—5 000 litres or less, or

(d)  if the goods are of Class C1 (combustible liquids) not kept in a tank having a capacity exceeding 50 000 litres—an unlimited quantity, or

(e)  if the goods are of Class C2 (combustible liquids)—an unlimited quantity, or

(f)  if the goods are:

(i)  of Class 3 Packing Group I or II kept in approved packages each having a capacity not exceeding 5 litres, or

(ii)  of Class 3 Packing Group III kept in approved packages each having a capacity not exceeding 25 litres,

      and, as packaged, are manufactured products—an unlimited quantity.

(2)  For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions of the keeping of the dangerous goods referred to in subclause (1) in the quantities prescribed by that subclause are that:

(a)  they are kept and handled in accordance with AS 1940 (The storage and handling of flammable and combustible liquids), and

(b)  the provisions of Part 3 and clause 139 are observed in relation to them.

137   Keeping of other dangerous goods

Subject to this Division, a person who keeps dangerous goods (other than goods referred to in clause 136 in the quantities prescribed by that clause) must comply (or cause compliance) with the provisions of AS 1940 relating to the goods.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

138   Self-service fuel dispensing units

(1)  A person who keeps dangerous goods, being vehicle fuel, for sale or supply by means of a self-service fuel dispensing unit (other than a coin or card operated dispensing unit) must in relation to the unit comply (or cause compliance) with the provisions of this clause (except subclauses (6) and (7)).

(2)  Instructions for the operation of the unit must be clearly displayed on or immediately adjacent to it.

(3)  The unit and the area surrounding it must be adequately illuminated when the unit is in operation.

(4)  A person (an operator) must be appointed to control and supervise from a control point the operation of the unit when it is in operation for the sale of fuel.

(5)  A person must not be appointed as an operator unless he or she:

(a)  is a trustworthy person of or over the age of 18 years, and

(b)  is fully conversant with the manner of operation of the unit by the users and the system employed for the sale of fuel by means of the unit.

(6)  When a vehicle is standing near a self-service fuel dispensing unit, the driver of the vehicle must ensure that its engine:

(a)  is stopped before the fuel tank is opened, and

(b)  remains stopped while the dangerous goods are being dispensed into the vehicle.

(7)  A person must not smoke within 3 metres of a self-service fuel dispensing unit.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

139   Location of tanks

A person must not keep dangerous goods of Class 3 Packing Group I or II:

(a)  in a tank in or under a building in which a person resides, or

(b)  in an above-ground tank in or on any premises less than 2 hectares in area in a residential area of a city or town.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

140   Drainage areas

If, in relation to a depot licensed for the keeping of flammable liquid, Rule 4.3.3 of AS 1940 is complied with by the provision of a compound away from the depot for the reception of flammable liquid draining from the depot, the compound must be so situated that the distances set out in Table 4.1 of AS 1940 are adhered to as though the compound were a depot having a licensed capacity one quarter that of the depot.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

141   Fire protection for certain above-ground tanks

(1)  In relation to premises in respect of which a person is required by AS 1940 to provide fixed foam systems for above-ground tanks, the provisions of:

(a)  subclauses (2)–(11), and

(b)  such of the provisions of sections 9 and 10 of AS 1940 as are not at variance with those subclauses,

      must be observed.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  Subject to subclause (3), a fixed foam protection system for extinguishing fires must be installed on every depot that:

(a)  is a fixed roof tank or a floating roof tank, and

(b)  has a diameter greater than 6 metres.

(3)  Subclause (2) does not apply to or in respect of a tank containing dangerous goods of Class C1 or C2 (combustible liquids) if it is not situated in the area within the bund wall surrounding a tank or tanks for the keeping of flammable liquid.

(4)  The fixed foam protection system installed on a floating roof tank must be capable of covering the circumferential seal of the tank with foam in not more than 2 minutes.

(5)  A suitable fitting must be provided for the supply of water into the foam protection system by means of a pump operated by the New South Wales Fire Brigades or other community fire-fighting service (the system must be so designed that it will continue to provide the requisite quantities of foam while the pump is connected to the system despite any failure of any pump that is a permanent part of the system).

(6)  Permanent pipe lines, galvanised and, if practicable, laid above ground, and fitted with suitable valves, must be provided for the supply of foam to the tanks from a control point.

(7)  All horizontal foam pipe lines of the system must be adequately flushed with water at intervals not longer than 6 months and means for carrying out such flushing must be provided.

(8)  All the horizontal foam pipe lines must be hydrostatically pressure-tested at twice the normal operating pressure at intervals not longer than 2 years.

(9)  The system must be tested by the use of foam at intervals not longer than 12 months.

(10)  A record must be kept of every test carried out under subclauses (8) and (9) and of every flushing carried out under subclause (7) and the records must:

(a)  be kept at the depot for a period of at least 5 years, and

(b)  whenever an inspector within that period so requires, be produced for his or her examination.

(11)  Dangerous goods must not be placed in a tank until the foam protection installation of the tank has been tested and passed by an inspector for compliance with this Regulation.

142   Keeping of carbon disulfide

(1)  Carbon disulfide must not be kept in or on licensed premises if any other flammable liquid is also kept in or on those premises, unless:

(a)  the electrical installation and the electrical equipment of the depot or depots where the carbon disulfide is kept conforms to AS 3000 (SAA Wiring Rules) and is approved for the purposes of this paragraph, and

(b)  nothing in the depot or depots, with the exception of the electrical equipment, has a surface temperature in excess of 90°Celsius.

(2)  A tank for the keeping of carbon disulfide must:

(a)  be constructed of welded mild steel, and

(b)  be within a pit or enclosure, impervious to water and carbon disulfide and having a capacity at least equal to that of the tank (if there is only one) or to the aggregate capacity of all such tanks in the pit or enclosure,

      and the ullage space in the tank must be kept filled with water or an inert gas.

(3)  The pit or enclosure referred to in subclause (2) (b) must be kept wholly or partly filled with water.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

143   Abandonment of disused underground tanks

(1)  If an underground tank has been used for the keeping of flammable or combustible liquid and no flammable or combustible liquid has been placed in or taken from it for a continuous period of 6 months, the licensee or occupier of the premises in or on which it is situated must immediately remove any remaining liquid from, and abandon, the tank in compliance with AS 1940.

(2)  The person abandoning the tank must, within 7 days of the abandonment, notify the WorkCover Authority in writing of the abandonment.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

144   Floating pans in tanks

If a floating pan is installed in a cone roof tank being a licensed depot for the keeping of dangerous goods, there must not be a foam dam near the wall seal.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

Division 5 Keeping of dangerous goods of Class 4

145   Goods that may be kept in or on unlicensed premises

(1)  For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 4 that may be kept in or on the same unlicensed premises is:

(a)  if the goods are of Class 4.1 Packing Group I or nitrocellulose (UN No 2557)—25 kilograms or less, or

(b)  if the goods are of Class 4.1 Packing Group II (excluding nitrocellulose (UN No 2557)) or self-reactive substances (UN Nos 3221 to 3240 inclusive)—50 kilograms or less, or

(c)  if the goods are of Class 4.1 Packing Group III—1 000 kilograms or less, or

(d)  if the goods are of Class 4.2 Packing Group I—25 kilograms or less, or

(e)  if the goods are of Class 4.2 Packing Group II or III—1 000 kilograms or less, or

(f)  if the goods are of Class 4.3 Packing Group I—25 kilograms or less, or

(g)  if the goods are of Class 4.3 Packing Group II or III—1 000 kilograms or less.

(2)  For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions of the keeping of the dangerous goods referred to in subclause (1) in the quantities prescribed by that subclause are that:

(a)  if any provisions of this Division relate to the keeping of the goods in the quantity prescribed—those provisions, and

(b)  the provisions of Part 3,

      are observed in relation to the goods.

146   Dangerous goods of Class 4.1 (being substances that are UN No 2557)

(1)  Dangerous goods of Class 4.1 (being substances that are UN No 2557), other than goods referred to in clause 145 in the quantities prescribed by that clause, must be kept in a depot that, unless it is a depot referred to in subclause (17), conforms to subclauses (2)–(15).

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  The depot must be a building, or a room of a building, so situated that a fire in it will not endanger:

(a)  any other building or the contents of any other depot, or

(b)  if it is a room of a building—any workroom, ventilation shaft, stairway or passage of, or any exit from, that building.

(3)  The depot must have walls having a fire-resistance level of at least 240/240/240.

(4)  The roof of the depot must be of concrete or other non-combustible material.

(5)  An approved fireproof door opening only outwards must be installed in every doorway of the depot.

(6)  If the depot is a room of a building, all horizontal or vertical ventilation flues provided for the depot that are inside the building must be of reinforced concrete not less than 125 millimetres thick or be of an approved material of approved thickness.

(7)  All ventilation flues provided for the depot that are outside the building that is or contains the depot must be of iron plate not less than 1.5 millimetres thick or be of an approved material of approved thickness.

(8)  All shelves, fittings and other equipment of or in the depot must be of metal or other non-combustible material and the equipment must be so arranged as to allow unimpeded egress of persons from the depot.

(9)  The floor of the depot must be covered by an approved material incapable of producing a spark.

(10)  The depot must not be artificially lighted otherwise than by electricity.

(11)  The depot must be vented directly to the open air with a vent having:

(a)  a minimum effective sectional area of 0.1 square metres for each 500 kilograms of the dangerous goods, and

(b)  an outlet at least 8 metres from every door, window or other opening and fire escape of every building (including, if the depot is a room in a building, that building) unless separated therefrom by a screen wall.

(12)  If there is more than one depot in a building each depot must be separately vented to the open air by the means prescribed by subclause (11).

(13)  The depot must be equipped with an approved water sprinkler system for fire protection.

(14)  Electrical wiring or equipment that has not been specifically approved for use in the depot must not be used in it.

(15)  All dangerous goods kept in the depot must be kept in approved packages or in approved substantial metal receptacles, fitted with close-fitting metal covers and each containing not more than 100 kilograms of the goods.

(16)  Any door of a depot referred to in this clause must be kept closed at all times except when it is necessarily open to allow goods to be placed in or taken from it or for some other purpose in connection with its management.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(17)  It is a term of the licence of premises licensed for the keeping of flammable liquid that, with the approval in writing of the WorkCover Authority, not more than 500 kilograms of dangerous goods of Class 4.1 (being substances that are UN No 2557) may be kept in a depot in or on the premises, but only if the goods are kept in approved packages or in closed metal receptacles each containing not more than 100 kilograms of the goods.

147   Dangerous goods of Class 4.1 Packing Group I and nitrocellulose

(1)  Dangerous goods of Class 4.1 Packing Group I and nitrocellulose (other than goods or nitrocellulose referred to in clause 145 in the quantities prescribed by that clause) must be kept in a depot that, unless it is a depot referred to in subclause (5), conforms to subclauses (2)–(4).

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  The depot must have a concrete floor and a roof of non-combustible material.

(3)  If the depot:

(a)  has walls—the walls and every door must be of non-combustible material, or

(b)  does not have walls—the roof must be sufficiently large to protect the goods or nitrocellulose in it against the direct rays of the sun.

(4)  Electrical wiring or equipment that has not been specifically approved for use in the depot must not be used in it.

(5)  It is a term of the licence of premises licensed for the keeping of flammable liquid that, with the approval in writing of the WorkCover Authority, not more than 500 kilograms of nitrocellulose may be kept in a depot in or on the premises, but only if the nitrocellulose is kept in closed metal receptacles or closed approved packages each containing not more than 100 kilograms.

(6)  In this clause:

nitrocellulose means nitrocellulose that is dangerous goods of Class 4.1 Packing Group II (not being a substance that is UN No 2557).

148   Dangerous goods of Class 4.1 Packing Group II (other than nitrocellulose)

Dangerous goods of Class 4.1 Packing Group II (other than nitrocellulose) must, if kept in or on the same premises in a quantity exceeding 250 kilograms, be kept in a depot constructed of non-combustible material.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

149   Dangerous goods of Class 4.1 Packing Group III

Dangerous goods of Class 4.1 Packing Group III must, if kept in or on the same premises in a quantity exceeding 1 000 kilograms, be kept in a depot constructed of non-combustible material.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

150   Dangerous goods of Class 4.2 Packing Group I

(1)  Dangerous goods of Class 4.2 Packing Group I (other than goods referred to in clause 145 in the quantities prescribed by that clause) must be kept in a depot conforming to this clause.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  The depot must:

(a)  if the goods are in cylinders or other packagings—be a building or a room in a building conforming to subclause (3), or

(b)  if they are not in cylinders or other packagings—be an area conforming to subclause (4) for tanks containing the goods.

(3)  A building or room referred to in subclause (2) (a) must:

(a)  be of non-combustible material, and

(b)  if it is inside another building—have walls with a fire-resistance level of at least 240/240/240 and a door or doors with a fire-resistance level of at least 0/120/120, and

(c)  have a door or doors that slide open or open only outwards from the depot.

(4)  An area referred to in subclause (2) (b) must:

(a)  be separated by at least a distance of 15 metres from every depot for dangerous goods not of Class 4.2 Packing Group I, and

(b)  be separated from all buildings and structures not referred to in paragraph (a), and

(c)  be paved with concrete.

(5)  Such fire-fighting equipment, capable of extinguishing fires in the goods, must be provided as the WorkCover Authority may, by notice in writing served on the owner or occupier of the depot, direct.

(6)  The electrical wiring and equipment of a depot must, if installed:

(a)  in a building—be of the standard required by AS 3000 (SAA Wiring Rules) for use in a location of Zone 1, or

(b)  other than a building—be of the standard required by AS 3000 for use in a location of Zone 2.

151   Dangerous goods of Class 4.2 Packing Group II

(1)  Dangerous goods of Class 4.2 Packing Group II must, if kept in or on the same premises in a quantity exceeding 50 litres if liquid or 50 kilograms if solid, be kept in a depot conforming to this clause.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  The depot must:

(a)  if the goods are liquid, be:

(i)  an area for tanks or for other containers for the goods, or

(ii)  a building, or a room in a building, for containers, other than tanks, for the goods, or

(b)  if the goods are solid, be a building of non-combustible material.

(3)  A tank or container must not be used for the keeping of the goods unless it is approved.

(4)  The depot must be separated by at least a distance of 15 metres, or by a screen wall having a fire-resistance level of at least 0/120/120, from all dangerous goods of Class 8, flammable or combustible substances and foodstuffs.

(5)  If the goods are liquid, the depot must be provided with a bund with a capacity equal to or greater than the volume of goods kept in the depot.

152   Dangerous goods of Class 4.2 Packing Group III

Dangerous goods of Class 4.2 Packing Group III must not be kept in or on premises within 3 metres of the boundary of the premises if any other premises abutting on that boundary are occupied as a dwelling or for the carrying on of an occupation or activity in which persons are engaged, unless a screen wall having a fire-resistance level of at least 0/120/120 is between the goods and the other premises.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

153   Dangerous goods of Class 4.3 Packing Group I (not being substances that are UN No 1411)

(1)  Dangerous goods of Class 4.3 Packing Group I (not being substances that are UN No 1411) must, if kept in or on the same premises in a quantity exceeding 50 kilograms, be kept in accordance with this clause in a depot being a building, a room in a building or an area conforming to this clause.

Contravention of this subclause is an offence and is punishable in accordance with clause 340.

(2)  The goods in the depot must be in approved tanks or other approved containers kept securely closed.

(3)  The depot must be of non-combustible material.

(4)  If the depot is within a building used also for the keeping of other goods, the dangerous goods of Class 4.3 Packing Group I must be separated from all:

(a)  dangerous goods of Class 8, and

(b)  flammable or combustible materials,

      by at least a distance of 15 metres or by a screen wall having a fire-resistance level of at least 0/120/120.

(5)  Fire-fighting equipment capable of extinguishing fires in the goods must be provided at the depot.

(6)  Sprinklers must not be placed where they would spray water on tanks or other containers containing the goods.

(7)  Electrical wiring or equipment that has not been approved for use in areas containing hydrogen must not be used in the depot.

(8)  The depot must be surrounded by a bund such as will prevent egress of the goods from the depot in case of fire and will prevent water from entering the depot.

(9)  If more than 500 kilograms of the goods are kept in the depot, no other dangerous goods may be kept in it.

154   Dangerous goods of Class 4.3 Packing Group II

(1)  Dangerous goods of Class 4.3 Packing Group II must, if kept in or on the same premises in a quantity exceeding 200 kilograms, be kept:

(a)  in approved containers in a structure made of non-combustible material that will protect them from the weather, and

(b)  away from all dangerous goods not of that class and category and from all combustible materials and substances.

(2)  The electrical wiring and equipment within the area where the goods are kept and within 3 metres of that area must:

(a)  be of the standard required by AS 3000 for use in a location of Zone 2, and

(b)  be approved for use with any gases that might evolve from the goods.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

155   Dangerous goods of Class 4.3 Packing Group III

Dangerous goods of Class 4.3 Packing Group III must not be kept in or on premises within 3 metres of the boundary of the premises if any other premises abutting on that boundary are occupied as a dwelling or for the carrying on of an occupation or activity in which persons are engaged, unless a masonry screen wall is between the goods and the other premises.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

156   Dangerous goods of Class 4.3 (being substances that are UN No 1411)

Dangerous goods of Class 4.3 (being substances that are UN No 1411), other than goods referred to in clause 145 in the quantities prescribed by that clause:

(a)  must be kept in a depot being a package store as described in section 3 of AS 1940 (The storage and handling of flammable and combustible liquids), and

(b)  must not be kept in a depot in which dangerous goods of Class 3 are kept.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

Division 6 Keeping of dangerous goods of Class 5

157   Goods that may be kept in or on unlicensed premises

(1)  For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 5 that may be kept in or on the same unlicensed premises is:

(a)  if the goods are of Class 5.1 Packing Group I (other than ammonium chlorate)—25 kilograms or less, or

(b)  except as provided by paragraphs (d) and (e), if the goods are of Class 5.1 Packing Group II (other than pool chlorine kept in or on the premises of a shop for the sale of vehicle fuel by retail)—50 kilograms or less, or

(c)  except as provided by paragraph (f), if the goods are ammonium nitrate (being dangerous goods of Class 5.1 Packing Group III)—500 kilograms or less, or

(d)  if the goods are pool chlorine kept exposed for sale by retail in the course of the carrying on of a business of the sale of equipment for, and the supply of services in respect of, swimming pools, and in or on premises, or in an area within premises, solely or principally occupied for the carrying on of that business—1 000 kilograms or less, or

(e)  if the goods are pool chlorine kept exposed for sale by retail in or on premises, or in an area, not referred to in paragraph (d)—200 kilograms or less, or

(f)  if the goods are high density fertiliser grade ammonium nitrate prill, being dangerous goods of Class 5.1 kept in or on premises where a rural industry is carried on—25 tonnes or less, or

(g)  except as provided by paragraphs (d) and (e), if the goods are of Class 5.1 Packing Group III, other than:

(i)  ammonium nitrate, or

(ii)  pool chlorine kept in or on the premises of a shop for the sale of vehicle fuel by retail,

      1 000 kilograms or less, or

(h)  if the goods are of Class 5.2—20 kilograms or less.

(2)  For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions of the keeping of:

(a)  the dangerous goods referred to in subclause (1) in the quantities prescribed by that subclause—are that the applicable provisions of:

(i)  this Division and Part 3, and

(ii)  AS 4326 (The storage and handling of oxidising agents) or AS 2714 (The storage and handling of hazardous chemical materials—Class 5.2 substances (organic peroxides)),

      are observed in relation to the goods, and

(b)  the dangerous goods referred to in subclause (1) (d) and (e) in the quantities prescribed—are, in addition, that the goods are contained in packages each containing not more than 20 kilograms, and

(c)  the dangerous goods referred to in subclause (1) (d) in the quantity prescribed—are, in addition, that the goods must be separated by a distance of at least 5 metres from:

(i)  combustible or readily oxidisable materials, and

(ii)  dangerous goods of Classes 3 and 8 and other dangerous goods of Class 5, and

(iii)  sulfur, and

(iv)  powdered metal, and

(v)  any material that could oxidise the goods or catalyse their decomposition, and

(d)  the dangerous goods referred to in subclause (1) (f) in the quantity prescribed—are, in addition, that the goods are kept at least 50 metres from every building other than a building in which they are kept.

(3)  For the purposes of subclause (2) (a) (ii), AS 4326 is to be read as if it also applies to dangerous goods of Class 5.1, being substances that are UN No 1479 or 3139 and are explosive precursors, emulsions or slurries that are based on ammonium nitrate and fuels, with or without other oxidising agents, cross-linkers, pH buffers and water.

158   Dangerous goods of Class 5.1

(1)  In this clause, goods means dangerous goods of Class 5.1.

(2)  Goods must be kept and handled in accordance with the applicable provisions of this Division, Part 3 and AS 4326.

(3)  Goods must be kept away from combustible or readily oxidisable materials, sulfur and powdered metal.

(4)  Without limiting the generality of the expression combustible materials, for the purposes of subclause (3) combustible materials include used empty combustible containers for the goods (including paper bags, fibreboard drums, plastics containers and wooden or fibreboard boxes and barrels) and plastics liners used in non-combustible containers.

(5)  Equipment used for heating purposes must be located so that:

(a)  goods cannot come into direct contact with a source of heat, and

(b)  goods cannot be heated to within 15°Celsius of their decomposition temperature.

(6)  If a depot for goods, not being a tank or a pallet in the depot that may come into contact with goods, is made of a combustible material, the material must have a coating that is compatible with the goods in order to prevent impregnation of the material by the goods.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

159   Additional requirements for dangerous goods of Class 5.1 Packing Group I, not being ammonium chlorate

(1)  In this clause, goods means dangerous goods of Class 5.1 Packing Group I, not being ammonium chlorate.

(2)  Goods must not be kept otherwise than in closed containers or bins.

(3)  A depot in which goods are kept must not contain more than one tonne of goods unless it is sprinklered or provided with other appropriate fire protection.

(4)  A depot in which goods are kept (being a building) must be provided with means by which, in an emergency, fumes escaping from the goods will be vented to the open air and, if the depot contains liquid goods in packagings or solid goods, there must be at least one square metre of vent area for each 50 square metres, or part thereof, of the depot’s floor area.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

160   Additional requirements for ammonium chlorate

An application for a licence for the keeping of ammonium chlorate (or ammonium chlorate and other goods) in or on premises must set out the reasons why the applicant wishes to keep ammonium chlorate in or on the premises and the safety precautions proposed to be taken in relation to it.

161   Additional requirements for dangerous goods of Class 5.1 Packing Groups II and III

(1)  In this clause, goods means dangerous goods of Class 5.1 Packing Groups II and III.

(2)  Dangerous goods of Class 5.1 Packing Group II must be kept in closed containers.

(3)  If dangerous goods of Class 5.1 Packing Group III are kept in bins or piles they must be separated from all other substances.

(4)  Bins in which dangerous goods of Class 5.1 Packing Group III are kept must be:

(a)  non-combustible, or

(b)  of wood protected with a coating that is compatible with the goods and will prevent impregnation of the bins by the goods.

(5)  If goods are packaged or packages of goods are opened within a depot, all the depot’s electrical wiring and equipment within 5 metres of the packaging or opening must have a rating not less than IP65 in accordance with AS 1939 (Degrees of protection provided by enclosures for electrical equipment (IP Code)).

(6)  A depot for goods not in sealed weatherproof containers must be a building or tank or a room or an area in a building.

(7)  A depot that is not a building or tank must be paved with concrete or an asphalt or bituminous material and the goods in it must be protected from sunlight and the weather by the use of weatherproof containers or otherwise.

(8)  Wooden pallets or dunnage must not be used for the keeping of chlorites in a depot referred to in subclause (7).

(9)  Chlorates, chlorites and hypochlorites must be separated by a distance of at least 10 metres from any ammonium salt.

(10)  A depot, being a building containing goods in a quantity exceeding 1 000 kilograms in combustible containers, must be provided with means by which fumes will be vented to the open air in case of emergency and there must be at least one square metre of vent area for each 100 square metres of the depot’s floor area.

(11)  Goods, being substances that are UN No 1479 or 3139 (being explosive precursors, emulsions or slurries that are based on ammonium nitrate and fuels, with or without other oxidising agents, cross-linkers, pH buffers and water), in a quantity greater than one tonne must be kept and handled in accordance with the provisions of:

(a)  AS 4326, excepting that for liquids:

(i)  any pumping or other handling must be in accordance with the provisions of any code referred to in paragraph (b), and

(ii)  spill containment may be achieved by an open drainage system that directs spills away from the depot in which the liquids are kept and any storage areas, buildings or combustible material to an area (on the same premises as the depot) where the liquids can be readily collected, and

(b)  any code of good practice published by the Australian Explosives Manufacturers Safety Committee (such a Code prevails if there is a conflict).

(12)  If pool chlorine is kept in or on the premises of a shop for the sale of vehicle fuel by retail at a place that is less than 10 metres from a fuel dispensing unit:

(a)  the quantity of pool chlorine kept for display at any such place in or on the premises must not exceed 100 kilograms, and

(b)  the pool chlorine must not be repacked at any such place in or on the premises, and

(c)  the pool chlorine must be kept in approved packagings, each of a capacity not exceeding 5 kilograms, that must not be opened at any such place in or on the premises, and

(d)  the pool chlorine must be kept separated from all combustible material and in a cool dry place, and

(e)  the pool chlorine must not be displayed in a driveway for vehicles, and

(f)  the pool chlorine must be displayed under cover.

(13)  The separation distance prescribed by clause 107 between a magazine and a depot for the keeping of ammonium nitrate is, in relation to that depot, for the purposes of clause 86 a prescribed separation distance from that magazine.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

162   Dangerous goods of Class 5.2

(1)  Dangerous goods of Class 5.2 must be kept and handled in accordance with AS 2714, this clause and the applicable provisions of Part 3.

(2)  Dangerous goods of Class 5.2 must be kept in closed packages or, if the WorkCover Authority so approves (and subject to any conditions it may impose), in a tank or IBC.

(3)  Dangerous goods of Class 5.2 must not be kept in a depot in which dangerous goods not of that class are kept.

(4)  Subclause (3) does not apply to dangerous goods of Class 5.2 that are packaged as components of a polyester resin kit (UN No 3269) in accordance with Special Provision No 236 in Appendix 3 to the ADG Code and are kept in a depot for the keeping of dangerous goods of Class 3.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

Division 7 Keeping of dangerous goods of Class 6

163   Goods that may be kept in or on unlicensed premises

(1)  For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 6.1 that may be kept in or on the same unlicensed premises is:

(a)  if the goods are in Packing Group I:

(i)  10 kilograms or less in the case of solids, or

(ii)  10 litres or less in any other case, or

(b)  if the goods are in Packing Group II:

(i)  100 kilograms or less in the case of solids, or

(ii)  100 litres or less in any other case, or

(c)  if the goods are in Packing Group III:

(i)  1 000 kilograms or less in the case of solids, or

(ii)  1 000 litres or less in any other case.

(2)  For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 6.2 that may be kept in or on the same unlicensed premises is an unlimited quantity.

(3)  For the purposes of section 9 (1) (c) of the Act, a person keeping dangerous goods of Class 6.1 or 6.2 in or on unlicensed premises must ensure that the applicable provisions of Part 3 and the following standards are complied with:

(a)  AS 2507 (The storage and handling of agricultural and veterinary chemicals),

(b)  AS 3833 (The storage and handling of mixed classes of dangerous goods in packages and intermediate bulk containers),

(c)  AS 4081 (The storage, handling and transport of liquid and liquefied polyfunctional isocyanates),

(d)  AS 4452 (The storage and handling of toxic substances).

164   Goods required to be kept in or on licensed premises

(1)  This clause applies to dangerous goods of Class 6.1 kept in or on licensed premises in quantities of:

(a)  if the goods are in Packing Group I:

(i)  more than 10 kilograms in the case of solids, or

(ii)  more than 10 litres in any other case, or

(b)  if the goods are in Packing Group II:

(i)  more than 100 kilograms in the case of solids, or

(ii)  more than 100 litres in any other case, or

(c)  if the goods are in Packing Group III:

(i)  more than 1 000 kilograms in the case of solids, or

(ii)  more than 1 000 litres in any other case.

(2)  A licensee who keeps any such goods must ensure that the applicable provisions of this clause, Part 3, AS 2507, AS 3833, AS 4081 and AS 4452 are complied with.

(3)  Goods of subsidiary risk 3 must be kept in compliance with:

(a)  the provisions of AS 1940 (The storage and handling of flammable and combustible liquids) relating to the goods, and

(b)  the provisions of Division 4 as if they were dangerous goods of Class 3.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

Division 8 Keeping of dangerous goods of Class 8

165   Goods that may be kept in or on unlicensed premises

(1)  For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 8 that may be kept in or on the same unlicensed premises is:

(a)  if the goods are in Packing Group I:

(i)  50 kilograms or less in the case of solids, or

(ii)  50 litres or less in any other case, or

(b)  if the goods are in Packing Group II:

(i)  500 kilograms or less in the case of solids, or

(ii)  500 litres or less in any other case, or

(c)  if the goods are in Packing Group III:

(i)  1 000 kilograms or less in the case of solids, or

(ii)  1 000 litres or less in any other case.

(2)  For the purposes of section 9 (1) (c) of the Act, a person keeping dangerous goods of Class 8 in or on unlicensed premises must ensure that the applicable provisions of Part 3, AS 3780 (The storage and handling of corrosive substances) and AS 3833 (The storage and handling of mixed classes of dangerous goods in packages and intermediate bulk containers) are complied with.

166   Goods required to be kept in or on licensed premises

(1)  This clause applies to dangerous goods of Class 8 kept in or on licensed premises in quantities of:

(a)  if the goods are in Packing Group I:

(i)  more than 50 kilograms in the case of solids, or

(ii)  more than 50 litres in any other case, or

(b)  if the goods are in Packing Group II:

(i)  more than 500 kilograms in the case of solids, or

(ii)  more than 500 litres in any other case, or

(c)  if the goods are in Packing Group III:

(i)  more than 1 000 kilograms in the case of solids, or

(ii)  more than 1 000 litres in any other case.

(2)  A licensee who keeps any such goods must ensure that the applicable provisions of this clause, Part 3, AS 3780 and AS 3833 are complied with.

(3)  Goods of subsidiary risk 3 must be kept in compliance with:

(a)  the provisions of AS 1940 (The storage and handling of flammable and combustible liquids) relating to the goods, and

(b)  the provisions of Division 4 as if they were dangerous goods of Class 3.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

Division 9 Keeping of dangerous goods of Class 9

167   Goods that may be kept in or on unlicensed premises—prescribed quantity

For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods of Class 9 that may be kept in or on the same unlicensed premises is:

(a)  if the goods are elevated temperature liquid (UN No 3257)—1 000 litres or less, or

(b)  in any other case—an unlimited quantity.

168   Manner of keeping goods

(1)  In this clause, goods means dangerous goods of Class 9 kept in or on the same premises in a quantity of more than 1 000 litres in the case of liquids or more than 1 000 kilograms in any other case.

(2)  For the purposes of section 9 (1) (c) of the Act, goods must be kept in accordance with subclauses (3)–(5).

(3)  Goods that are environmentally hazardous substances must be kept in accordance with the applicable provisions of AS 4452 (The storage and handling of toxic substances) as if the goods were in minor storage quantities (except that, if the goods are liquids, spillage containment must be provided in accordance with AS 4452 as if the goods were not in minor storage quantities).

(4)  Goods that are elevated temperature goods must:

(a)  be kept away from any protected work, public place, dangerous goods depot or accumulation of flammable or combustible material, and

(b)  be kept in a manner that will prevent the liberation of flammable, toxic or corrosive vapours in a harmful concentration, and

(c)  if liquid (other than a liquid referred to in paragraph (d)), be provided with spillage containment to hold not less than:

(i)  25 per cent of the storage capacity for the packaged goods kept in or on the premises, or

(ii)  100 per cent of the storage capacity of a single tank for the keeping of the goods in or on the premises (or, if there is more than one tank for the keeping of the goods, 100 per cent of the storage capacity of the largest of the tanks), and

(d)  in the case of liquids that quickly solidify or have a high viscosity at ambient temperature, be provided with bunding or drainage by kerbing or trenches so that, in case of spillage, the goods are prevented from reaching any of the places specified in paragraph (a).

(5)  Any other goods must:

(a)  be kept away from any protected work, public place, dangerous goods depot or accumulation of flammable or combustible material, and

(b)  be kept in a manner that will prevent the liberation of flammable, toxic or corrosive dusts or vapours in a harmful concentration, and

(c)  if liquid, be provided with spillage containment to hold not less than:

(i)  25 per cent of the storage capacity for the packaged goods kept in or on the premises, or

(ii)  100 per cent of the storage capacity of a single tank for the keeping of the goods in or on the premises (or, if there is more than one tank for the keeping of the goods, 100 per cent of the storage capacity of the largest of the tanks).