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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Legislation Amendment
(Hazardous Chemicals) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Repeal of Environmentally Hazardous Chemicals Act 1985 No 14 2
Schedule 1 Amendment of Protection of the Environment Operations Act 1997
No 156 3
Schedule 2 Other amendments 15
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2024
New South Wales
Environmental Legislation Amendment
(Hazardous Chemicals) Bill 2024
Act No , 2024
An Act to amend the Protection of the Environment Operations Act 1997 to implement national
reforms to the management of certain chemicals; and for related purposes.
Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Environmental Legislation Amendment (Hazardous Chemicals) Act
2024.
2 Commencement
This Act commences on the date of assent to this Act.
3 Repeal of Environmentally Hazardous Chemicals Act 1985 No 14
The following are repealed--
(a) the Environmentally Hazardous Chemicals Act 1985,
(b) the Environmentally Hazardous Chemicals Regulation 2017.
Page 2
Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
Schedule 1 Amendment of Protection of the Environment
Operations Act 1997 No 156
[1] Section 3 Objects of Act
Insert after section 3(d)(v)--
(vi) the proper environmental management of chemicals throughout
their whole lifecycle,
[2] Section 69A
Insert after section 69--
69A Chapter extends to licence conditions relating to chemicals
This chapter extends to the exercise of a function relating to licence conditions
under Part 9.3E.
[3] Section 169 Liability of directors etc for offences by corporation--offences attracting
special executive liability
Insert after section 169(1A)(q)--
(r) section 296C(1),
(s) section 296E(1).
[4] Section 169A Liability of directors etc for offences by corporation--offences
attracting executive liability generally
Insert after section 169A(1)(u)--
(v) section 296F(7),
(w) section 296L(1).
[5] Section 196 Powers of authorised officers to enter premises
Insert after section 196(1)(b)--
(b1) premises at or from which the authorised officer reasonably suspects an
offence against this Act or the regulations involving an industrial
chemical or an environmentally hazardous chemical is being or is likely
to be committed--at any time, and
[6] Section 206A
Insert after section 206--
206A Powers relating to vehicles suspected of transporting industrial chemicals or
environmentally hazardous chemicals
(1) An authorised officer who suspects on reasonable grounds that an industrial
chemical or an environmentally hazardous chemical is being transported by,
or is situated in a container being transported by, a vehicle or vessel may--
(a) if the vehicle or vessel is moving--direct that the vehicle or vessel be
stopped, and
(b) take, for the purpose of examination or testing, samples of a substance
being transported, and
(c) detain the vehicle or vessel for the time necessary to take the samples.
(2) If the authorised officer suspects on reasonable grounds that the substance and
a vehicle, vessel or container being used to transport the substance has been or
Page 3
Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
is being used in connection with an offence against this Act or the regulations,
the authorised officer may do one or more of the following--
(a) seize and remove the substance and the vehicle, vessel or container,
(b) direct the occupier of the place where the substance is seized to keep the
substance in that place,
(c) direct the owner of the substance to keep the substance in a place under
the control of the occupier or owner that will, in the officer's opinion,
least endanger the environment,
(d) give directions for, or in relation to, the detention of the substance,
vehicle, vessel or container.
(3) Sections 199A-202 extend to the exercise of functions under this section.
[7] Section 213 Application of Chapter and extension of Chapter to other environment
protection legislation
Omit section 213(2)(a) and (4)(a).
[8] Section 216 Time within which summary proceedings may be commenced
Omit section 216(6), definition of prescribed offence, paragraph (c2).
[9] Section 216(6) definition of "prescribed offence"
Insert after paragraph (c6)--
(c7) an offence under section 296C(1), or
(c8) an offence under section 296E(1), or
[10] Section 261 Certificate evidence of certain matters
Insert after section 261(2)(u)--
(v) that, at a specified time, a chemical was or was not the subject of a
chemical control order,
(w) that, at a specified time, a chemical control order was or was not subject
to specified conditions,
(x) that, at a specified time, a chemical was or was not the subject of a
chemical use notice,
(y) that, at a specified time, an industrial chemical was or was not listed in
the NSW IChEMS register,
(z) that, at a specified time, a risk management measure was or was not
specified in the NSW IChEMS register for an industrial chemical.
[11] Chapter 9 Miscellaneous
Insert after Part 9.3D--
Part 9.3E Chemicals
Division 1 Industrial chemicals
296 Definitions
In this division--
Commonwealth register means the Register within the meaning of the
Industrial Chemicals Environmental Management (Register) Act 2021 of the
Commonwealth.
Page 4
Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
industrial chemical has the same meaning as in the Industrial Chemicals Act
2019 of the Commonwealth.
manufacture, an industrial chemical, has the same meaning as in the
Industrial Chemicals Act 2019 of the Commonwealth.
use, an industrial chemical, has the same meaning as in the Industrial
Chemicals Act 2019 of the Commonwealth.
296A NSW Industrial Chemicals Environmental Management Standard Register
(1) The Commonwealth register, as in force from time to time and as modified by
the regulations, applies for the purposes of this part and may be referred to as
the NSW Industrial Chemicals Environmental Management Standard Register
(the NSW IChEMS register).
(2) The regulations may modify the Commonwealth register for the purposes of
the NSW IChEMS register, including by adding, varying or omitting matter.
Example-- The regulations may modify the Commonwealth register by adding a
chemical for inclusion in the NSW IChEMS register that is not listed in the
Commonwealth register.
(3) If a later amendment to the Commonwealth register is inconsistent with the
regulations, the regulations prevail to the extent of any inconsistency.
(4) Terms used in the NSW IChEMS register that have been applied from the
Commonwealth register have the same meanings as in the Commonwealth
register unless the regulations provide otherwise.
296B Users and manufacturers to comply with risk management measures
(1) A person who manufactures or uses an industrial chemical listed in the NSW
IChEMS register must comply with the risk management measures specified
in the register for the chemical.
(2) A failure to comply with a risk management measure referred to in subsection
(1) is taken to be a pollution incident.
296C Person must not do things prohibited by NSW IChEMS register
(1) A person must not do a thing in relation to an industrial chemical listed in the
NSW IChEMS register if doing the thing is prohibited for the chemical in the
register.
Maximum penalty--
(a) for an individual--
(i) $500,000, and
(ii) for each day the offence continues--$60,000, or
(b) otherwise--
(i) $2,000,000, and
(ii) for each day the offence continues--$120,000.
Note-- An offence against this section committed by a corporation is an offence
attracting special executive liability for a director or other person involved in the
management of the corporation--see section 169.
(2) An activity authorised by an environment protection licence is taken not to be
a contravention of subsection (1).
(3) A person is not guilty of an offence against subsection (1) if the person proves
the thing was done in relation to the industrial chemical in a way specified in
the NSW IChEMS register as an exception to the prohibition.
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Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
296D Licence conditions
(1) The conditions of a licence may deal with the following in relation to an
industrial chemical--
(a) implementing a decision to--
(i) list an industrial chemical in the NSW IChEMS register, or
(ii) specify a prohibition, restriction, risk management measure or
other matter for, or in relation to, an industrial chemical listed in
the NSW IChEMS register,
(b) engaging in or carrying on another activity involving an industrial
chemical listed in the NSW IChEMS register.
(2) A condition imposed under this section may require compliance with the
condition within a specified period.
296E Failure to comply with phase-out conditions
(1) If a phase-out condition of a licence is contravened by a person, each holder
of the licence is guilty of an offence.
Maximum penalty--
(a) for an individual--
(i) $500,000, and
(ii) for each day the offence continues--$60,000, or
(b) otherwise--
(i) $2,000,000, and
(ii) for each day the offence continues--$120,000.
Note-- An offence against this section committed by a corporation is an offence
attracting special executive liability for a director or other person involved in the
management of the corporation--see section 169.
(2) The holder of a licence is not guilty of an offence against this section if the
holder establishes that--
(a) the contravention of the condition was caused by another person, and
(b) the other person was not associated with the holder when the condition
was contravened, and
(c) the holder took all reasonable steps to prevent the contravention of the
condition.
(3) Without limiting subsection (2)(b), a person is associated with the holder if the
person is an employee, agent, licensee, contractor or subcontractor of the
holder.
(4) In this section--
holder, of a licence, includes--
(a) the former holder of the licence, and
(b) another person required to comply with the condition or to whom the
condition applies.
phase-out condition means a condition--
(a) imposed on a licence in relation to a Schedule 6 or 7 chemical within the
meaning of Schedule 1, and
(b) specified in the licence as a phase-out condition.
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Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
Division 2 Chemical use notices
296F Chemical use notices
(1) The EPA may publish an order in the Gazette requiring a person to give
information to the EPA in relation to a chemical (a chemical use notice) if--
(a) the chemical is listed in the NSW IChEMS register, or
(b) a chemical control order is in force for the chemical, or
(c) the chemical, in the EPA's opinion, has the potential to present a risk of
harm to human health or the environment.
(2) A chemical use notice may require persons who manufacture or use, or who
intend to manufacture or use, the chemical--
(a) to give information to the EPA, and
(b) to pay to the EPA a fee in accordance with the regulations.
(3) A chemical use notice must specify the following--
(a) the information that must be given,
(b) the time within which the information must be given.
(4) A chemical use notice may specify the form and way in which the information
must be given.
(5) A chemical use notice may require a person to give information about the
following--
(a) the chemical,
(b) if the person manufactures the chemical--the manufacture of the
chemical by the person, or the use or proposed use of the chemical,
(c) if the person uses the chemical--the use of the chemical by the person,
(d) the use or manufacture of another substance or thing, including another
chemical, that together with the chemical may increase the risk posed
by the chemical,
(e) the person, including the contact details of the person,
(f) the premises at which the chemical is manufactured or used,
(g) the quantity of the chemical manufactured, used or stored at the
premises,
(h) other information prescribed by the regulations.
(6) A chemical use notice may require a person to update information given under
the notice at the times or in the circumstances specified in the notice.
(7) A person must comply with a chemical use notice.
Maximum penalty--
(a) for an individual--
(i) $250,000, and
(ii) for each day the offence continues--$60,000, or
(b) otherwise--
(i) $1,000,000, and
(ii) for each day the offence continues--$120,000.
Note-- An offence against this section committed by a corporation is an offence
attracting executive liability for a director or other person involved in the management
of the corporation--see section 169A.
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Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
296G Use and disclosure of information
(1) The EPA may, for the exercise of its functions, use information collected
under a chemical use notice.
(2) The EPA may disclose information collected under a chemical use notice if--
(a) the disclosure is to an agency of this or another Australian jurisdiction,
and
(b) the EPA is reasonably satisfied the disclosure is relevant to the
functions of the agency in relation to industrial chemicals.
296H Chemical use notice fees
(1) The regulations may make provision about fees required to be paid to the EPA
by persons who are required to give the EPA information under a chemical use
notice.
(2) Without limiting subsection (1), the regulations may make provision about the
following--
(a) the method for determining the amount of the fees,
(b) the payment of the fees, including the period within which the fees must
be paid, payment by instalments and the payment of interest on unpaid
fees,
(c) the recovery of the fees by the EPA,
(d) the refund or waiver of the fees, in whole or in part, by the EPA,
(e) the reduction of the fees in specified circumstances, including the
granting of fee discounts by the EPA.
Division 3 Chemical control orders
296I Grounds for making orders
(1) The EPA may make an order (a chemical control order) prohibiting or
regulating one or more of the following activities in relation to a chemical--
(a) manufacturing or processing the chemical,
(b) keeping or storing the chemical,
(c) distributing or transporting the chemical,
(d) using the chemical,
(e) selling or disposing of the chemical,
(f) an activity relating to an activity referred to in paragraphs (a)-(e).
(2) The EPA may make the order if satisfied the order is necessary to prevent or
minimise an adverse effect on the environment that may result from carrying
on the activity in relation to the chemical.
(3) Without limiting subsection (2), an activity that results or is likely to result in
the following is taken to have an adverse effect on the environment--
(a) storing the chemical in accumulating deposits,
(b) dumping or abandoning the chemical,
(c) otherwise dealing with the chemical as waste.
296J Making orders
(1) A chemical control order is made by publishing the order in the Gazette.
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Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
(2) The order must include the following--
(a) the name of the chemical to which the order relates,
(b) for activities prohibited by the order--details of the activities,
(c) for activities regulated by the order--
(i) details of the activities, and
(ii) details of how the activities are regulated,
(d) the day on which the order commences,
(e) the grounds for making the order.
(3) If the chemical to which the order relates is mixed with other chemicals or
substances, the order may apply to the other chemicals or substances in the
same way as it applies to the chemical.
(4) An order must not be made in relation to--
(a) a chemical prescribed by the regulations, or
(b) a radioactive substance within the meaning of the Protection from
Harmful Radiation Act 1990.
296K Date orders come into force
A chemical control order comes into force--
(a) if the order is specified to be an emergency chemical control order--
(i) on the day the order is made, or
(ii) if a later date is specified in the order--on the later date, or
(b) otherwise--
(i) on the date specified in the order, or
(ii) if the date specified is less than 21 days after the order is made--
on the day that is 21 days after the order is made.
296L Person must comply with orders
(1) A person must not carry on an activity in relation to a chemical in
contravention of a chemical control order.
Maximum penalty--
(a) for an individual--
(i) $250,000, and
(ii) for each day the offence continues--$60,000, or
(b) otherwise--
(i) $1,000,000, and
(ii) for each day the offence continues--$120,000.
Note-- An offence against this section committed by a corporation is an offence
attracting executive liability for a director or other person involved in the management
of the corporation--see section 169A.
(2) A licence does not authorise the carrying out of an activity in contravention of
a chemical control order.
296M Licence conditions
(1) A condition of a licence may be imposed to prohibit or regulate one or more
of the following activities in relation to a chemical--
(a) manufacturing or processing the chemical,
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Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
(b) keeping or storing the chemical,
(c) distributing or transporting the chemical,
(d) using the chemical,
(e) selling or disposing of the chemical,
(f) an activity relating to an activity referred to in paragraphs (a)-(e).
(2) Without limiting subsection (1), a condition of a licence may be imposed to
require steps to be taken to secure premises or a storage area in or on which a
chemical is stored.
Division 4 Assessment of technology
296N Application for assessment of technology
(1) A person may apply to the EPA for an assessment of technology that the
person proposes to use in relation to processing, remediating or disposing of--
(a) a chemical the subject of a chemical control order, or
(b) an industrial chemical.
(2) The application must be in the approved form.
(3) The EPA may require the application to be accompanied by the fee prescribed
by the regulations.
296O Requirement for assessment of technology
If a licence application has been made, the appropriate regulatory authority
may, by written notice given to the applicant, require the applicant to apply to
the EPA for an assessment of technology under section 296N if the authority
considers it necessary to properly assess the application.
Division 5 Forfeiture of chemicals
296P Forfeiture of substances and containers by order of court
(1) The Land and Environment Court may order the forfeiture of the following if
a person is convicted of an offence against this part--
(a) all or part of the chemical or a container of the chemical in relation to
which the offence was committed,
(b) a substance or container of a substance seized in connection with the
offence.
(2) On the making of the order, the chemical or container becomes the property of
the Crown.
296Q Retention and disposal of seized property
(1) During the prescribed period, the EPA may do one or more of the following in
relation to a substance or container seized under section 198 (a seized
substance or container)--
(a) keep the seized substance or container,
(b) return the seized substance or container to the person--
(i) from whom it was seized, or
(ii) who appears to the EPA to be its owner,
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Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
(c) by written notice published on the EPA's website, advertise that an
application will be made on a specified day for forfeiture to the Crown
of the seized substance or container.
(2) The Land and Environment Court may, after determining the application,
order--
(a) the return of the seized substance or container to a specified person, or
(b) the forfeiture to the Crown of the seized substance or container.
(3) If not sooner forfeited or returned, a seized substance or container must, after
the expiry of the prescribed period, be returned to the person--
(a) from whom it was seized, or
(b) who appears to the EPA to be its owner.
(4) In this section--
prescribed period means--
(a) a period of 6 months commencing from the day of the seizure of the
substance or container, or
(b) a longer period specified by the Land and Environment Court on the
application of the EPA.
296R Disposal of forfeited property
(1) A substance or container forfeited to the Crown must be disposed of in
accordance with the direction of the EPA.
(2) If a substance or container is disposed of by selling, the proceeds must be paid
into the Consolidated Fund.
[12] Sections 297A and 297B
Renumber sections 296 and 297 as sections 297A and 297B, respectively.
[13] Section 308 Public register
Insert after section 308(2)(i)--
(i1) for the EPA--details of each chemical use notice published under Part
9.3E, Division 2,
(i2) for the EPA--details of each chemical control order published under
Part 9.3E, Division 3,
[14] Section 319 Disclosure of information
Insert "or the management of chemicals" after "environment" in section 319(1)(e).
[15] Schedule 1 Scheduled activities
Insert after clause 18--
18A Environmentally hazardous chemicals
(1) This clause applies to the following (each an environmentally hazardous
activity)--
(a) an activity regulated by a chemical control order in relation to a
chemical,
(b) an activity--
(i) described in this schedule, whether or not the activity is also
declared to be a scheduled activity, and
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Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
(ii) involving the use or manufacture of a Schedule 6 or 7 chemical
that is subject to a restriction or risk management measure in the
NSW IChEMS register.
(2) An environmentally hazardous activity to which this clause applies is declared
to be a scheduled activity.
[16] Schedule 1, clause 46
Insert after clause 45--
46 Environmentally hazardous chemicals--non-premises based
(1) This clause applies to the following (each an environmentally hazardous
activity)--
(a) an activity regulated by a chemical control order in relation to a
chemical,
(b) an activity--
(i) described in this schedule, whether or not the activity is also
declared to be a scheduled activity, and
(ii) involving the use of a Schedule 6 or 7 chemical that is subject to
a restriction or risk management measure in the NSW IChEMS
register.
(2) An environmentally hazardous activity to which this clause applies is declared
to be a scheduled activity.
[17] Schedule 1, clause 50(1)
Insert in alphabetical order--
Schedule 6 or 7 chemical means a chemical listed as a Schedule 6 or Schedule
7 chemical in the NSW IChEMS register.
[18] Schedule 2 Regulation-making powers
Insert "or volatile organic liquids" after "fuels" wherever occurring in clause 6A(2) and (3).
[19] Schedule 2
Insert at the end of the schedule, with appropriate clause numbering--
Chemicals
(1) Prohibiting or regulating the use or manufacture of chemicals, including
products or articles containing industrial chemicals.
(2) In this clause--
article has the same meaning as in the Industrial Chemicals Act 2019 of the
Commonwealth.
manufacture--see section 296.
use--see section 296.
[20] Schedule 5 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Page 12
Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
Part Provisions consequent on enactment of
Environmental Legislation Amendment (Hazardous
Chemicals) Act 2024
Definitions
In this part--
environmentally hazardous chemical licence means a licence within the
meaning of the Environmentally Hazardous Chemicals Act 1985, as in force
immediately before its repeal.
repealed Act means the Environmentally Hazardous Chemicals Act 1985.
Continuation of chemical control orders and declarations of chemical waste
(1) The repeal of the repealed Act does not affect the continued operation of a
chemical control order.
(2) On the repeal of the repealed Act, each declared chemical waste is taken to be
an environmentally hazardous chemical under this Act.
(3) In this clause--
chemical control order means an order in force under the repealed Act,
section 22 or 23, immediately before its repeal.
declared chemical waste means a substance the subject of an order in force
under the repealed Act, section 10, immediately before its repeal.
Determination of pending applications relating to environmentally hazardous
chemical licences
(1) An application for an environmentally hazardous chemical licence made under
the repealed Act, but not yet determined on the commencement of this clause,
must be determined as if it were an application for an environment protection
licence under section 53.
(2) An application for the transfer of an environmentally hazardous chemical
licence made under the repealed Act, but not yet determined on the
commencement of this clause, must be determined as if it were an application
for the transfer of an environment protection licence under section 54.
(3) A fee paid in relation to an application referred to in subsections (1) and (2) is
taken to be a fee paid in relation to the application under this Act.
Conversion of environmentally hazardous chemical licences
(1) An environmentally hazardous chemical licence in force immediately before
the repeal of the repealed Act is taken to be an environment protection licence
issued under this Act (a converted licence).
(2) A converted licence is subject to the same conditions, and authorises the same
activities, as the environmentally hazardous chemical licence.
(3) The appropriate regulatory authority may reissue a converted licence to vary
the conditions of the licence in accordance with section 58.
(4) A converted licence remains in force, unless sooner surrendered, suspended or
revoked, until the end of the period that the environmentally hazardous
chemical licence would have remained in force if the licence had not been
converted under this clause.
(5) The holder of a converted licence does not commit an offence under section
153A if, no later than 3 months after the commencement of this clause, the
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Schedule 1 Amendment of Protection of the Environment Operations Act 1997 No 156
holder prepares a pollution incident response management plan that complies
with Part 5.7A in relation to the activity to which the licence relates.
(6) Section 57 does not apply to a converted licence.
Determination of pending applications for technology assessments
(1) An application for an assessment of technology made under the repealed Act,
but not yet determined on the commencement of this clause, must be
determined as if it were an application for an assessment of technology under
section 296N.
(2) A fee paid in relation to an application referred to in subsection (1) is taken to
be a fee paid in relation to the application under this Act.
[21] Dictionary
Omit the definition of clean-up action.
Insert in alphabetical order--
chemical control order has the same meaning as in section 296I(1).
chemical use notice has the same meaning as in section 296F(1).
clean-up action, in relation to a pollution incident, includes the following--
(a) action to prevent, minimise, remove, disperse, destroy or mitigate
pollution resulting or likely to result from the incident,
(b) ascertaining the nature and extent of the pollution incident and of the
actual or likely resulting pollution,
(c) preparing and carrying out a remedial plan of action,
(d) action to remove or store the following--
(i) waste disposed of on land unlawfully,
(ii) chemicals,
(iii) products or articles containing chemicals.
Commonwealth register, for Part 9.3E, Division 1--see section 296.
environmentally hazardous chemical means a chemical the subject of a
chemical control order.
industrial chemical, for Part 9.3E, Division 1--see section 296.
manufacture, for Part 9.3E, Division 1--see section 296.
NSW IChEMS register has the same meaning as in section 296A(1).
use, for Part 9.3E, Division 1--see section 296.
Page 14
Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 2 Other amendments
Schedule 2 Other amendments
2.1 Fair Trading Act 1987 No 68
Schedule 1 Paramount legislation
Omit "Environmentally Hazardous Chemicals Act 1985".
2.2 Land and Environment Court Act 1979 No 204
Section 17 Class 1--environmental planning and protection appeals
Omit section 17(f).
2.3 Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 2 Search warrants under other Acts
Omit "Environmentally Hazardous Chemicals Act 1985, section 46".
2.4 Protection of the Environment Administration Act 1991 No 60
[1] Section 3 Definitions
Omit section 3(1), definition of environment protection legislation, paragraph (e).
[2] Section 34A Environment Protection Authority Fund
Omit section 34A(3)(b)(iv).
2.5 Protection of the Environment Operations (General) Regulation 2022
[1] Section 73
Omit the section. Insert instead--
73 Additional matters to be included in PIRM plan--the Act, s 153C
(1) For the Act, section 153C(d), the following must be included in a PIRM plan
for a relevant licence--
(a) the names, positions and 24-hour contact details of each individual who
is--
(i) responsible for activating the PIRM plan, or
(ii) authorised to notify relevant authorities under the Act, section
148, or
(iii) responsible for managing the response to a pollution incident,
(b) the contact details of each relevant authority referred to in the Act,
section 148,
(c) a community engagement protocol that includes procedures for
notifying people living or working near a pollution incident and keeping
them informed of relevant matters,
(d) details of pre-emptive action required to minimise or prevent a risk of
harm to human health or the environment arising out of the activity,
including, as a minimum, action that complies with the requirements set
out in the Protection of the Environment Operations (Waste) Regulation
2014, clauses 70, 72 and 73,
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Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 2 Other amendments
(e) the nature and objectives of a staff training program in relation to the
PIRM plan,
(f) the date on which the PIRM plan is tested and the name of the person
who carried out the test,
(g) the method for testing and maintaining the PIRM plan.
(2) Section 72 does not apply to a PIRM plan for a relevant licence.
(3) In this section--
relevant licence means a licence authorising the following--
(a) an environmentally hazardous activity within the meaning of the Act,
Schedule 1, clause 46,
(b) an activity to which the Act, Schedule 1, clause 48 applies.
[2] Section 154A
Insert after section 154--
154A Application fee for assessment of technology--the Act, s 296N
The following amounts are prescribed as the fee payable under the Act, section
296N in relation to an application made during the following periods--
(a) in the financial year 2023-24--$10,755,
(b) in the financial year 2024-25--$11,150,
(c) in the financial year 2025-26--$11,570,
(d) in the financial year 2026-27--$11,990,
(e) for each subsequent financial year--the amount calculated using the
formula and method specified in section 18(1)(f), (2) and (3).
[3] Schedule 1 Licensing fees
Insert before the matter relating to EXTRACTIVE ACTIVITIES--
ENVIRONMENTALLY HAZARDOUS CHEMICALS
Administrative fee Administrative fee units
Environmentally hazardous activities--premises based 5
[4] Schedule 1
Insert after the matter relating to WOOD PRESERVATION--
ENVIRONMENTALLY HAZARDOUS CHEMICALS
Administrative fee Administrative fee units
Environmentally hazardous activities--not premises based 4
[5] Schedule 6 Penalty notice offences
Omit the matter relating to Environmentally Hazardous Chemicals Act 1985 from the
table.
[6] Schedule 6, table
Insert in appropriate order under the heading Protection of the Environment Operations
Act 1997--
Page 16
Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024 [NSW]
Schedule 2 Other amendments
Section 296F(7) 2 $7,500 $15,000
Section 296L(1) 2 $7,500 $15,000
2.6 Water NSW Regulation 2020
Clause 3 Definitions
Omit "Environmentally Hazardous Chemicals Act 1985" from clause 3(1), definition of
environmentally hazardous chemical.
Insert instead "Protection of the Environment Operations Act 1997".
Page 17
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