New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 348

348 Regulator must be notified if manifest quantities to be exceeded

(1) A person conducting a business or undertaking at a workplace must ensure that the regulator is given written notice if a quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals that exceeds the manifest quantity is used, handled or stored, or is to be used, handled or stored, at the workplace.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(2) The notice under subclause (1) must be given--

(a) immediately after the person knows that the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals is to be first used, handled or stored at the workplace or at least 14 days before that first use handling or storage (whichever is earlier), and

(b) immediately after the person knows that there will be a significant change in the risk of using, handling or storing the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals at the workplace or at least 14 days before that change (whichever is earlier).

(3) The notice under subclause (1) must include the following--

(a) the name and ABN of the person conducting the business or undertaking,

(b) the type of business or undertaking conducted,

(c) if the workplace was previously occupied by someone else--the name of the most recent previous occupier, if known,

(d) the activities of the business or undertaking that involve using, handling or storing Schedule 11 hazardous chemicals,

(e) the manifest prepared by the person conducting the business or undertaking under clause 347,

(f) in the case of a notice under subclause (2)(b)--details of the changes to the manifest.

(3A) The notice under subclause (1) must be accompanied by the relevant fee.

(4) A person conducting a business or undertaking at a workplace must ensure that the regulator is given written notice as soon as practicable after the Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals ceases to be used, handled or stored at the workplace if it is not likely to be used, handled or stored at the workplace in the future.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.

(5) The notice under subclause (4) must include the information referred to in subclause (3)(a), (b) and (d).

(6) If the regulator asks for any further information about the manifest quantity of a Schedule 11 hazardous chemical or group of Schedule 11 hazardous chemicals, the person must ensure that the information is given to the regulator.

: Maximum penalty--

(a) in the case of an individual--70 penalty units, or

(b) in the case of a body corporate--345 penalty units.