Implementing the UPSS Regulation

The UPSS Regulation was revised in September 2014 to clarify the statutory requirements for the management and operation of underground petroleum storage system (UPSS) infrastructure in NSW. The EPA is the appropriate regulatory authority for the implementation of the Regulation to June 2017. It is anticipated that councils will assume broader regulatory roles under the Regulation after this date.

Amended requirements in the UPSS Regulation 2014 applicable to daily operations include

  • Provided it is accessible from the site, Environment Protection Plans may be held either electronically or in hardcopy form either as a dedicated document or as part of other site management procedures.
  • The EPP must now include a drainage services diagram in site documentation.

Operators may

  • Use a loss monitoring procedure designed to take into account particular site characteristics and usage patterns of the storage system on condition that it provides environmental protection and has been designed and documented by a duly qualified person.
  • Use alternatives to groundwater wells as a secondary leak detection system provided the alternative system is designed and documented by a duly qualified person. Where groundwater monitoring wells are installed they must be monitored in accordance with EPA requirements.

UPSS Guidelines

To assist those responsible for UPSS to understand and comply with the Regulation, the Environment Protection Authority (EPA) has prepared the guidelines below.


Other guidance

Guide for planning consent authorities

This guide has been prepared to assist planning consent authorities (usually local councils) carry out their development assessment activities for premises that include UPSS.


Technical notes

These technical notes are advisory only. They will be revised from time to time following feedback from stakeholders using them. This should ensure their ongoing relevance and reflect advances in best practice as the result of regulator and industry experience.


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