Preventing future contamination

Underground Petroleum Storage Systems (UPSS)

Pollution prevention mainly falls under the Protection of the Environment Operations (POEO) Act 1997.

Councils are the regulatory authority for non-scheduled activities, where they can issue environment protection notices, and have enforcement powers. Councils also prevent pollution through applying appropriate consent conditions on potentially polluting developments.

Councils’ obligations under the POEO Act are considered a separate field to contaminated land, and are not covered fully on this website (refer to NSW EPA website for more information). The main matters under the POEO Act that are considered here are Councils’ obligations as a regulator for Underground Petroleum Storage Systems (UPSS).

Underground Petroleum Storage Systems (UPSS)
NSW EPA handed over the regulatory responsibility for under the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation (UPSS Regulation) in 2019.

Since then, most sites with a UPSS located in NSW are regulated by local councils.

The UPSS Regulation seeks to minimise the risk to human health and the environment by requiring best practice design, installation, maintenance, and monitoring of UPSS. NSW EPA provides information, link to guidance and tools, and an online training course on its UPSS website.

Click here for available resources supporting councils in their role as a regulator for UPSS

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