Legal black hole: The dangerous petrol problem no one has answer to
As Aussies turn to stockpiling fuel amid the petrol crisis, a Drive investigation reveals backyard petrol storage is a mystery that authorities are seemingly unable to solve.
As Australians continue to grapple with soaring petrol prices amid dwindling supplies, some drivers are filling jerry cans with petrol to stockpile at home, hoping to get ahead of an uncertain economic climate.
An exclusive Drive investigation has revealed a mystery around exactly which authority is responsible for enforcing restrictions on how much petrol can be stored in a private residence.
While it’s technically legal to privately store petrol and diesel in Australia, there are limits on the amount and restrictions on where it can be stored.
Standards Australia has set a national industry guideline for the storage and handling of flammable and combustible liquids – known as Australian Standard AS1940 – which states fuel can be stored within a five to 250-litre limit depending on the storage method.
Drive contacted multiple local, state and federal authorities to ascertain which bodies – if any – were responsible for enforcing the standard, but none could give a definitive answer.
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| Maximum limit allowed (in litres) | Storage requirements |
| 5 | Within a dwelling |
| 25 | In a garage attached to a dwelling with a compliant fire-rated wall |
| 100 | Outdoors, or on in a detached garage or shed with a 1-metre clearance |
| 250 | Outdoors, or in a detached garage or shed with a 3-metre clearance |
There is no federal law to enforce adherence to the standard, but depending on which state, territory or even local council you live in, the rules, enforcement and penalties are different – and sometimes conflicting.
In Victoria, Drive contacted numerous government entities, which said they were not responsible for regulating fuel storage in private residences.
However, Drive understands that the Australian Standards – coupled with other legislation such as the Dangerous Goods (Storage and Handling) Regulations – may apply, though these laws do not specify any penalties for exceeding industry guidelines.
Some Victorian authorities could not clearly identify which governing body was responsible for enforcing these stockpiling laws in private dwellings.
Despite this, WorkSafe Victoria advised that stockpiling flammable and hazardous liquids on private property was extremely dangerous.
“Flammable liquids such as petrol carry inherent risks, and specific legal obligations apply when storing or handling certain quantities at both commercial and residential premises in Victoria,” a WorkSafe Victoria spokesperson told Drive.
In New South Wales, a spokesperson for the Department of Climate Change, Energy, the Environment and Water (DCCEEW) told Drive, “As in other states, there is no specific legislation associated with home stockpiles of fuel [in NSW]”.
“However, residents are encouraged to only store minimal amounts of fuel to minimise fire risks,” they said.
@mothershipsg An Australian social media figure, Willem Powerfish, filmed a man pumping containers of petrol amid a fuel crisis in Australia and posted the video on his Facebook page on Mar. 24. According to 7News, a fuel emergency plan had just been proposed to cap fuel purchases at A$40, allowing motorists to only buy about 16 litres at a time. However, according to news.com.au, Australia Energy Minister has ruled out implementing the fuel limit, saying the proposal is “a bit out of date”. #mothershipabroad #australia #tiktokaustralia #fyp ♬ original sound – Mothership
In Queensland – where the Australian Standards limits exist – a spokesperson for Workplace Health and Safety said drivers who stockpile petrol at home are still legally obligated to comply with state laws.
However, they stopped short of naming the penalty that offenders could be subject to, as well as the entity responsible for enforcing these laws.
“Under the Work Health and Safety Act 2011, individuals must ensure their actions do not create risks to the health and safety of others. Unsafe storage can lead to serious injury, property damage or environmental harm,” they told Drive.
“In non-workplaces (like homes), bulk storage of flammable liquids creates risks that must be managed effectively by ensuring they are stored in a well-ventilated area outside of living areas, out of direct sunlight, away from ignition sources and in appropriate storage containers.”
Additionally, a WorkSafe Tasmania spokesperson said it “does not regulate the storage of fuel in residential properties”. However, they did clarify that local drivers can store petrol or diesel at home so long as they abide by the requirements in the Australian Standards.
In Western Australia, state authorities could not confirm which governing body regulates privately stockpiled petrol.
But Western Australia’s Chief Dangerous Goods Officer, Ian Dainty, confirmed that the national standards still applied and guilty offenders could be penalised under the Dangerous Goods Safety Act 2004.
“Petrol is highly flammable, and its vapours can readily ignite. Fuel should only be stored in small amounts in appropriate containers that comply with Australian Standards for immediate use – never stockpiling or long-term storage. Storing excess fuel greatly increases fire risk and could affect home insurance coverage,” Officer Dainty told Drive.
Other states and territories are clearer about enforcement and penalties for privately stockpiling petrol in Australia.
South Australia, the Metropolitan Fire Services stated on its website, “in a domestic (unlicensed) situation, the storage of highly flammable liquids must not exceed 120 litres, and the container size must be no greater than 60 litres”. Failing to follow this law can incur a $2710 penalty.
According to an ACT Government spokesperson, the Australian Standards limits still apply to local motorists, but local fire authorities enforce and regulate the safety risks.
“In circumstances where ACT Fire & Rescue assess that excess storage presents a risk to public safety, regulatory action may be taken,” they told Drive.
“This may include the issuance of a notice under the Emergencies Act 2004, requiring the occupier to reduce quantities, modify storage arrangements, or otherwise mitigate the identified hazard.”
A WorkSafe Northern Territory spokesperson confirmed NT residents must adhere to Australian Standards requirements, though they did not specify which laws or penalties could apply to those who don’t follow the guidelines.
“Don’t fill the approved container all the way. Fuel expands when it gets warmer, so leave some space to prevent pressure from building up and damaging the container,” a WorkSafe NT spokesperson advised.
“Store fuel in a well-ventilated and shaded area away from anything that can cause a flame, spark or heat, and combustible materials such as wood, fabric, or paper.”
Further complicating matters is the fact that privately stockpiling petrol in Australia can lead to issues with home and contents insurance. But the lack of clear laws – at both the council and state levels – also calls into question the validity of some insurers’ terms and conditions.
A spokesperson for the Insurance Council of Australia told Drive, “policyholders have a duty to disclose anything that materially changes the risk profile of their property, and significant fuel storage may constitute such a change”.
“Home insurance policies have exclusions for loss or damage arising from failure to comply with laws. Those considering storing large quantities of fuel on premises must comply with applicable standards for the storage of dangerous goods,” they added.
Meanwhile, a DCCEEW spokesperson confirmed, “storing significant quantities of fuel at your home may also invalidate your home insurance policy”.
Some insurers, including Suncorp Insurance (which owns other national insurers such as AAMI), have disclosed that they will not cover damage caused by hazardous materials that don’t comply with “the relevant law”. But if there’s no law, what happens then?
Drive contacted Youi Insurance for clarification, but the insurer did not confirm whether their home and contents insurance policies addressed this legal gap.
“Contact your insurer about your product disclosure statement to understand any conditions or exclusions around hazardous materials that may apply to your insurance,” Youi’s Head of Product, Marni Jackson, told Drive.
In March 2026, Energy Minister Chris Bowen condemned those who had stockpiled fuel and then resold it at exorbitant prices on online platforms such as Facebook Marketplace, calling it “un-Australian and dangerous”. However, he acknowledged that it’s “only clearly a minority of people doing that”.
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