(1)  This regulation does not apply to an abandoned storage system unless the system is used after the commencement day.

(2)  If a storage system is not in use for 2 months, an infrastructure owner of the storage system must –

(a) temporarily decommission the system in accordance with subregulation (3) ; or

(b) permanently decommission the system in accordance with subregulation (6) .

Penalty:  Fine not exceeding 100 penalty units.

(3)  For the purposes of subregulation (2)(a) , a storage system is temporarily decommissioned if an infrastructure owner complies, in respect of the storage system, with –

(a) the AS 4976 requirements for tanks temporarily out of service; and

(b) any EPA guidelines in relation to the temporary cessation of use of the storage system.

(4)  An infrastructure owner of a storage system must ensure that the storage system is not used again, after it is temporarily decommissioned in accordance with subregulation (3) , unless –

(a) an equipment integrity test of the storage system is conducted and the storage system has passed the test; and

(b) if the storage system is located in a groundwater protection zone, an infrastructure owner of the storage system has complied with the requirements of regulation 23(2) as if the storage system were a new storage system.

Penalty:  Fine not exceeding 100 penalty units.

(5)  If a storage system has not been returned to use within the 12-month period after it is temporarily decommissioned in accordance with subregulation (3) , an infrastructure owner of the storage system must permanently decommission the storage system in accordance with subregulation (6) .

Penalty:  Fine not exceeding 100 penalty units.

(6)  For the purposes of subregulation (2)(b) and subregulation (5) , a storage system is permanently decommissioned if –

(a) the storage system is removed and disposed of in accordance with AS 4976; or

(b) where the storage system cannot be removed safely without serious risk to the safety of people or adjoining infrastructure, the tanks of the storage system are decommissioned, in accordance with AS 4976, without being removed.

(7)  If a storage system is permanently decommissioned in accordance with subregulation (2)(b) or subregulation (5) , a person who was, immediately before the storage system was permanently decommissioned, an infrastructure owner of the storage system, must ensure that, within 4 months after the system is permanently decommissioned –

(a) an assessment is conducted as to whether any petroleum has contaminated the soil or groundwater within the vicinity of the storage system; and

(b) if there are any EPA guidelines in relation to the matters referred to in paragraph (a) , the assessment is conducted in accordance with those guidelines; and

(c) he or she obtains a copy of an assessment report specifying the details referred to in paragraph (a) ; and

(d) if there are any EPA guidelines in relation to the assessment report under paragraph (c) , the assessment report is written in accordance with those guidelines.

Penalty:  Fine not exceeding 100 penalty units.

(8)  An infrastructure owner of a storage system must, within 7 days after obtaining an assessment report under subregulation (7)(c) , notify the Director in the approved form.

Penalty:  Fine not exceeding 100 penalty units.