Licence Requirements

Who Needs a Licence?

All premises that store or handle Flammable or Combustible Liquids in excess of that described as "Minor Storage" (section 2 of AS1940-2004 "Minor Storage"), are required to be licensed by a local authority.

A licence is granted subject to compliance with the "Dangerous Goods Safety Management Regulations 2001", Australian Standard AS1940-2004 and all other relevant Australian Standards.

The licence to store Flammable or Combustible Liquids can be varied or transferred to a new occupier if the business is sold.

If you store or handle Flammable or Combustible Liquids in quantities greater than that described as "Minor Storage" (Section 2 of AS1940-2004 "Minor Storage"), you are required to meet special requirements. These may include safety signage, fire extinguishers, spillage provisions etc.

To fully understand all requirements for Flammable and Combustible Liquids storage and handling, it is recommended that you obtain a copy of Australian Standard AS1940-2004 "The Storage and Handling of Flammable and Combustible Liquids". Copies are available at government bookshops for example the ABC bookshop in Flinders Street Mall, Townsville or alternatively by telephoning the Queensland Branch of Standards Australia on (07) 3831 8605.

Licence Guide

What are the precautions for Minor Storage?

Quantities below the limits of Minor Storage do not require a licence provided the following precautionary measures listed below are complied with:

1. The storage shall not be in proximity to heating or an ignition source, eg: light switch, welders, stove, heating appliance, or similar ignition sources.
2. Packages shall be kept closed when not in use. Any action to open a package of Flammable liquid or decant from it should be carried out in a well-ventilated area and away from potential ignition sources.
3. The transfer of a Flammable liquid from storage to the point of use shall be carried out in a manner that minimises the possibility of spillage or fire.
4. Liquids shall not be stored or used where they may jeopardise escape from building in the event of fire.
5. Persons who handle Flammable and Combustible liquids shall be aware of the hazards involved.
6. Any spillage shall be cleaned up immediately and the materials used in the clean up shall be disposed of safely and in accordance with Council guidelines.
7. No combustible waste material or residues shall be permitted to remain in or around areas in which such liquids are stored or decanted.
8. Any materials that might interact dangerously if mixed shall be kept apart so that the possibility of interaction is minimised, eg: fuel and pool chlorine.
9. Packages used shall not be pressurised as a means to transfer the contents unless specifically designed for this duty.
10. For premises where Flammable liquids in excess of 100L total quantity are stored or used, a fire extinguisher (9kg powder-type AB:E) and a warning sign worded: "DANGER - FLAMMABLE LIQUID - NO SMOKING - KEEP FIRE AWAY" shall be placed at an effective location adjacent to the storage.
11. Occupiers and operators are expected to optimise safety by providing and using adequate stowage for packages on shelves, in cupboards, or the like.

What is the Licensing Process?

Proposed Installations and Variations to an Existing Licence

This section applies to proposed new installations and variations of an existing licence (eg: change in the storage quantities or products or installation of a new pump or tank.) NOTE: You will need to complete the necessary application forms and pay the required fee(s) when you lodge your plans.

Stage 1 Approval to Proceed - Plan Approval

Step 1: Town Planning Approval

Contact the Council's Planning Department to seek advice as to whether your proposal is allowable development under the Shire Planning Scheme for that particular zone.

Step 2: IDAS (Integrated Development Assessment System) - Planning and Development Approval

Contact the Council's Planning Department to seek advise for application requirements for approval under the Integrated Planning Act 1997 and Environmental Protection Act 1994.

Considerations

Environmental Protection Approval: Under the Environmental Protection Act 1994, businesses that have the potential to pollute the environment are called "environmentally relevant activities" (ERAs). If you are conducting an ERA, you must obtain a licence (Environmental Authority) or approval to operate. Premises storing petroleum products in tanks or containers having a combined total storage capacity of 10,000 to 50,000 Litres are required to obtain approval under the Act.

Contact the Environment and Health Department on 07 4783 9870 for further advice.

Step 3: Health Approval - Completing Application to Construct and Lodging Your Plans

Complete and lodge the Flammable and Combustible Liquids Application Forms together with plans and appropriate fee(s) at the Environmental and Health Department of the Burdekin Shire Council.

The following information must be taken into consideration when having plans drawn:

1. You are required to submit a copy of detailed plans (drawn to scale) and have them approved before construction, renovations or alterations of installations can occur.
2. Plans are required to include site and floor plans, sections and elevations.
3. The following minimum scales should be used on plans:
1. Site Plan (showing the location of the proposed installation in relation to on-site facilities, protected works and boundaries), 1:200;
2. Floor Plan, 1:100;
3. Sectional Elevations, 1:50; and
4. Mechanical Ventilation Plans, 1:50

Step 4: Decision of Plan Assessment

When consent has been granted from the relevant sections of Council, your plan will be approved and you will be provided with written confirmation of your approval to proceed in the form of a Development Application Decision Notice. If additional information is required, or the application has not received clearance from other sections, you will also be notified. Be aware that you are not permitted to construct or alter a premise without prior approval.

Stage 2 Approval to Operate - Obtaining a Licence to Store Flammable and Combustible Liquids

Step 1: Arranging the Final Assessment

When the installation, construction or alteration is completed and is ready for operation, you are required to contact Burdekin Shire Council's Environment and Health Department and arrange a suitable time for an Environmental Health Officer to inspect the installation before you commence operation.

Procedures at the Time of Sale Transfer to New Occupier

This section applies to businesses that have new occupiers or have undergone sale.

NOTE: You will need to complete the necessary application form and pay the required fee.

Step 1: Applying for Transfer of Licence

Complete and lodge with the appropriate fee the Transfer Application for Storing and Handling Flammable and Combustible Liquids at the Environment and Health Department of the Burdekin Shire Council. Please note, it is essential to have the signature of the person selling the premises (Vendor) on the transfer application form.

Step 2: Arranging the Final Assessment

After receiving your application, an Environmental Health Officer will contact you and arrange a suitable time for an officer to assess the premises.

Considerations

1. Lodge your application and fee at least three (3) weeks prior to the date on which settlement of the sale is planned.
2. Your application for Transfer of Licence should be processed within fourteen (14) working days.

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