Queensland Subordinate Legislation as Made

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ENVIRONMENTAL PROTECTION REGULATION 2008 No. 370 - SECT 85

85 Occupiers of reporting facilities to give information

(1) This section applies to the occupier of a reporting facility that, under NPI NEPM, exceeds the reporting threshold for a substance in the facility's reporting period.

(2) The occupier must, within 3 months after the end of the reporting period, give the chief executive the following, unless the occupier has a reasonable excuse--

(a) the information mentioned in NPI NEPM, section 9(1);
(b) a statement about the information that complies with NPI NEPM, section 9(6).

Maximum penalty--20 penalty units.

(3) However, this section does not apply until--

(a) the Commonwealth and the State agree that the ANZSIC code for 1 or more activities carried out at the facility (the code) is an industry type required to report under this measure; and
(b) the Commonwealth has included the code on a published list as an industry type required to report under this measure; and
(c) the Commonwealth publishes industry reporting materials for the code.

(4) Also, this section does not apply to mandatory transfer data mentioned in NPI NEPM, section 9(1), until the Commonwealth publishes industry reporting materials for transfers.

(5) Subsection (2) is subject to sections 94 and 96.

Editor's note--
section 94 (Exemption on ground of national security) and 96 (Deciding claim for exemption on ground of commercial confidentiality)

(6) If the chief executive requires further information in relation to the information mentioned in NPI NEPM, section 9(1)(e) or (g), the chief executive may give the occupier a written notice stating--

(a) the information required; and
(b) why the information is required; and
(c) a reasonable period of at least 30 business days for compliance; and
(d) the review or appeal details for the decision to give the notice.

(7) The occupier must comply with the notice unless the occupier has a reasonable excuse.

Maximum penalty--20 penalty units.



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