2017-12-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 12 DECEMBER 2017


The AECOM report identified that there are significant life safety issues and substantial
environmental risks associated with the facility at the subject site. It is also likely that there are a
number of other sites throughout the Shire which present a similar risk attributed to previous use
and associated dangerous goods infrastructure.
As a result of the findings of the report a Council Environmental Health Officer issued a Directive
to Reduce Risk under Section 91 of the Dangerous Goods Safety Management Act 2001. The
directive was issued on 15 December 2011 to the occupier of the land at the time. The current
land owner and occupier are different to the occupier that was issued the directive.
The directive included requirements for the occupier to:
a.    permanently cease receiving bulk fuel deliveries to the underground storage system
      located on Council footpath;
b.    permanently cease dispensing fuel from the pump located on Councils footpath to
      members of the general public;
c.    permanently cease the dispensing of all fuels from the pump located on Council’s footpath;
d.    provide written confirmation to Council’s Healthy Places Unit when fuel dispensing
      operations have ceased and decommissioning of the large dangerous goods location had
      begun;
e.    effectively decommission the large dangerous goods location underground petroleum
      storage system in accordance with Australian Standards 1940:2004 and 4976:2008
At around this time the responsibility for the Dangerous Goods Safety Management Act 2001
was transferred from Council to the Workplace Health and Safety Queensland (WHSQ). A
Council Environmental Health Officer provided WHSQ with a brief on 17 January 2012 which
included the following advice regarding follow up work required for the site:
      Decommissioning of the underground storage tanks system in accordance with relevant
      Standards and removal of pump and pipe work from the Maple Street, Cooroy foot path.
The Dangerous Goods Safety Management Act 2001 was repealed on 1 January 2012, from this
date the Queensland Work Health and Safety Act 2011 regulated dangerous goods and major
hazard facilities. This meant that local governments no longer regulated or enforced matters
relating to flammable and combustible liquids under the Dangerous Goods Safety Management
Act 2001. However, any directives issued prior to 1 January 2012 continued to apply and were to
be actioned by WHSQ inspectors after this date.
Advice has been sought from WHSQ as to whether the underground tanks have been
decommissioned. Additional advice was also sought regarding who has the on-going
responsibility for complying with the requirements of the directive.
WH&SQ’s response includes the following advice:
      …..do not believe there were any forced removal of tanks.
      Under the Work Health and Safety Act 2011, the Person Conducting a Business or
      Undertaking (PCBU) in control of the fuel system is responsible for safely operating and
      maintaining the system including notifying WHSQ of its operation of a manifest quantity
      workplace (>2500 litres of petrol).
      If the PCBU decides to no longer use an underground fuel tank, it is responsible for
      ensuring it poses no risk to persons by removing it so far is reasonably practicable.
      Otherwise it is responsible for notifying WHSQ of an abandoned tank if it has not been
      used to store fuel for up to 2 years or does not intend to use the tank again.
      ……..In terms of who is the PCBU, this may need to be determined by contractual
      arrangements between operators and land owners, contracts of sale etc and would be
      expected to be determined during due diligence checking as changes occur. WHSQ has
      had no further notifications since 2012 from this business address and a check in 2015
      indicated Daddows no longer operated the site.

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