Crawfords Freightlines Pty Ltd v SafeWork NSW [2022] NSWCATAD 50

Crawfords Freightlines Pty Ltd v SafeWork NSW [2022] NSWCATAD 50

SafeWork NSW was entitled and required to consider all relevant public safety matters, including separation or consequence distances, when assessing cl 37(1)(d). Although the risk of an explosion at Sandgate was very low and Crawfords had significant controls, separation distances protect the public if an explosion occurs. Crawfords did not demonstrate equivalent consequence mitigation because evacuation of all persons in the open or in buildings within 1000 m of the facility within 45 minutes, including persons at St Joseph's aged care facility and other nearby residences, businesses and facilities, was not shown to be credible or achievable. It therefore was not demonstrated that...

Jurisdiction
Australia
Judgment Date
16 February 2022
Procedural Posture
Administrative Review of Refusal to Amend a Licence to Store Security Sensitive Ammonium Nitrate / Review by the Tribunal After Safe Work NSW Refused the Amendment Application and Affirmed the Refusal on Internal Review
Outcome
The decision under review is affirmed.
Legal Topics
['ammonium Nitrate Storage Facility' 'security Sensitive Ammonium Nitrate' 'separation Distances' 'consequence Based Risk Assessment' 'safe and Secure Handling of Explosive Precursors' 'evacuation Planning' 'review of Administrative Decision']
['administrative Law' 'licensing' 'explosives Regulation' 'public Safety'] ['ammonium Nitrate Storage Facility' 'security Sensitive Ammonium Nitrate' 'separation Distances' 'consequence Based Risk Assessment' 'safe and Secure Handling of Explosive Precursors' 'evacuation Planning' 'review of Administrative Decision']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Amend a Licence to Store Security Sensitive Ammonium Nitrate / Review by the Tribunal After Safe Work NSW Refused the Amendment Application and Affirmed the Refusal on Internal Review

Legal Issues

  1. 1 ['Whether SafeWork NSW, and the Tribunal on review, could take into account separation distances or consequence distances to offsite vulnerable facilities when assessing the licence amendment application.' 'Whether Crawfords had the appropriate facilities, systems and procedures in place for the safe and secure handling of an additional 4,500 tonnes of ammonium nitrate in Shed C under cl 37(1)(d) of the Explosives Regulation 2013.' 'Whether mitigation measures, including stack separation, fire controls and the Site Emergency Plan, provided an equivalent level of safety where separation distances could not be met.' 'Whether evacuation of persons within 1000 m of the Sandgate facility within 45 minutes was credible and achievable.']

Ratio Decidendi

SafeWork NSW was entitled and required to consider all relevant public safety matters, including separation or consequence distances, when assessing cl 37(1)(d). Although the risk of an explosion at Sandgate was very low and Crawfords had significant controls, separation distances protect the public if an explosion occurs. Crawfords did not demonstrate equivalent consequence mitigation because evacuation of all persons in the open or in buildings within 1000 m of the facility within 45 minutes, including persons at St Joseph's aged care facility and other nearby residences, businesses and facilities, was not shown to be credible or achievable. It therefore was not demonstrated that...

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']