Requirements in Queensland are complicated by the joint responsibility between the Environmental Protection Agency (Queensland EPA) and local councils.

Petrol stations are regulated by local government authorities under the Dangerous Goods Safety Management Regulation 2001, the Environmental Protection Act 1994

and the Integrated Planning Act 1997.

The Dangerous Goods Safety Management Regulation 2001 primarily deals with safety-related issues, but the licence may contain specific requirements for the design, construction and operation of the service station. The local government authorities issuing the licences determine these requirements.

Under the Environmental Protection Act 1994 (EP Act), fuel storage facilities are categorised as an environmentally relevant activity (ERA) 11.

The operators of ERA 11 must hold a registration certificate from the relevant local government authority.

The Act has provisions for dealing with environmental harm caused by these facilities. The contaminated land provisions of the EP Act also require sites storing petroleum products in underground tanks with more than 200 litres capacity to be listed on the Queensland EPA’s environmental management register.

According to a Queensland EPA spokesperson, all development associated with ERA 11 (such as new facilities or expansion of existing facilities) requires a development approval (DA) under the Integrated Planning Act 1997.

Potential environmental impacts associated with fuel storage facilities are assessed and relevant conditions are imposed on the DA, which is issued by the relevant council.

Petrol stations in operation prior to the implementation of the EP Act in 1994 were deemed to have an approval.

 However, legislative changes introduced in October 2004 mean that these petrol stations must now apply for a registration certificate through the relevant local government authority.

Applications for registration must be lodged with local government authorities by October 2005. If these petrol stations have undergone a change of ownership, the new owners may also need to apply for a new development approval.

The holder of a licence or development approval (DA) for storing fuel is responsible for complying with the conditions of the licence or DA.

The maximum penalty for failing to comply with a DA is $124,875.

                                                                

  
  
  
  
  
  
  
  
  
  

Abisha Pty L td    -  Business & Commercial Sales