Victorian Current Acts Victorian Current Acts(1) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette—
(a) declare a substance to be an environmentally hazardous substance; and
(b) prohibit, control or regulate that substance.
(2) The Minister must not recommend that the Governor make an Order under subsection (1) unless the Minister is satisfied that the substance that is the subject of the Order is—
(a) highly hazardous; or
(b) poses a serious risk of harm to human health or the environment.
(3) An Order made under subsection (1)—
(a) must specify the substance that is the subject of the order; and
(b) must declare that substance to be an environmentally hazardous substance; and
(c) may specify that the order applies to a specified area or class of person or body; and
(d) may impose specified notification and reporting requirements on persons or bodies that produce, store, treat, handle, use, supply, transport, recycle, reuse or dispose of that substance; and
(e) may prohibit or impose requirements on the production, storage, treatment, handling, use, supply, transport, recycling, reuse or disposal of the substance, either generally or subject to conditions; and
(f) may impose requirements on the testing, assessment or detection of the substance, either generally or subject to conditions; and
(g) may adopt, with or without modification, the whole or part of any national standard or code or other standard or code related to the substance; and
(h) may require a financial assurance from persons or bodies that produce, store, treat, handle, use, supply, transport, recycle, reuse or dispose of the substance; and
(i) may contain any prescribed information.
(4) An Order under subsection (1) may provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the Order, whether unconditionally or on specified conditions and either wholly or to the extent specified.
S. 155 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).