New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 296F

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.