Abandoned tank notifications

Overview

A person conducting a business or undertaking (PCBU) may be required to make an abandoned tank notification to WorkSafe ACT if a tank at the workplace which was previously part of a hazardous chemicals storage and handling system has been out of use for a significant period of time or is to be permanently taken out of use.

Notifiable tanks

A tank may be subject to the notification requirement if it is an underground, partially underground or fully mounded tank with a design capacity exceeding 500L which was last used to store a flammable gas or flammable liquid.

This includes tanks which were last used to store diesel or another combustible liquid which has a flash point of less than 93°C, as these products have the hazard of Flammable Liquid Category 4 under the Globally Harmonised System of Classification and Labelling of Chemicals (GHS).

Tanks at Commonwealth and Comcare self-insured workplaces

If the tank is located at a Commonwealth or Comcare self-insured workplace, any abandoned tank notification must be made to Comcare under the Commonwealth work health and safety legislation.

For information on making an abandoned tank notification to Comcare, visit www.comcare.gov.au or contact Comcare on 1300 366 979 or at general.enquiries@comcare.gov.au.

Timeframe for notification

The notification must be made as soon as practicable after the tank is taken to be abandoned under Section 367 of the ACT Work Health and Safety Regulation 2011 (the Regulation).

The tank is taken to be abandoned once either of the following has occurred:

  • It has been 2 years since the tank was last used to store flammable gases or flammable liquids
  • The PCBU has decided that the tank will not be used to store flammable gases or flammable liquids again.

Responsibility for notification

The PCBU which has control or management of the tank has the responsibility for making the notification under Section 367 of the Regulation.

If the PCBU has engaged a contractor to decommission the tank, the PCBU may arrange for the contractor to submit the notification to WorkSafe ACT on their behalf but remains responsible for ensuring that the notification is made as soon as practicable after the tank is taken to be abandoned.

Making the notification

The notification must be made by emailing DangerousSubstances@worksafe.act.gov.au and the subject line should identify the email as an abandoned tank notification.

The email must include the following information:

  • The full name and Australian Business Number (ABN) of the PCBU which has control or management of the tank
  • If the notification is being made by a third party – a statement confirming that the notification is being made on behalf of the PCBU which has control or management of the tank
  • The address of the workplace and the location of the tank on site (if the tank is located on a rural block, directions from the closest intersection of public roads should be included)
  • The flammable gas or flammable liquid which was last stored in the tank
  • A description of the tank which includes its type (underground, partially underground or fully mounded), its capacity in litres and the material which it is constructed from
  • Whether the tank will be removed from the workplace after being decommissioned (and if not, the reason that the tank cannot be removed from the workplace)
  • When the tank is expected to be decommissioned
  • The name, telephone number and email address of the person to contact for further information.

There is no fee payable to make the notification.

After making the notification

Once the notification has been received by WorkSafe ACT, it will be reviewed by a work health and safety inspector to determine whether any action is required. The inspector may choose to visit the workplace to obtain further information before making their decision.

The decision will be made on a case by case basis, having regard to the requirements set out in the Regulation for work involving the decommissioning of plant and the obligations set out in the ACT Work Health and Safety Act 2011 (the Act) for various duty holders, including contractors engaged to carry out the work.

The inspector may ask for copies of safe work method statements and/or any other documents which indicate whether the method of work would comply with relevant approved codes of practice and any Australian Standard referenced in an approved code of practice (or would otherwise provide an equivalent or higher standard of work health and safety).

If the work will involve the removal of an underground or partially underground tank, this may include records which show that a competent person has assessed the potential impact of the work on the stability of the surrounding area and any nearby structures.

The inspector may also ask for copies of records which relate to the outcome of the work once the tank has been decommissioned, such as the results obtained from any sampling and testing activities which formed part of the method of work and any relevant reports about the work which were prepared for the purpose of the ACT Environment Protection Act 1997 or the ACT Planning Act 2023.

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