Changes commencing December 12th, 2025
Comparing the consolidation as at October 28th, 2025 with December 12th, 2025 · 124 changes
Chemicals pt 9.3E: Ins 2024 No 10, Sch 1[11]. Division 1 Industrial chemicals pt 9.3E, div 1: Ins 2024 No 10, Sch 1[11]. 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. 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. s 296 (as originally enacted): Renumbered as sec 297A, 2024 No 10, Sch 1[12]. s 296: Ins 2024 No 10, Sch 1[11]. 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. s 296A: Ins 2024 No 10, Sch 1[11]. 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. s 296B: Ins 2024 No 10, Sch 1[11]. 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. s 296C: Ins 2024 No 10, Sch 1[11]. 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. s 296D: Ins 2024 No 10, Sch 1[11]. 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. s 296E: Ins 2024 No 10, Sch 1[11]. Division 2 Chemical use notices pt 9.3E, div 2: Ins 2024 No 10, Sch 1[11]. 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. s 296F: Ins 2024 No 10, Sch 1[11]. 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. s 296G: Ins 2024 No 10, Sch 1[11]. 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. s 296H: Ins 2024 No 10, Sch 1[11]. Division 3 Chemical control orders pt 9.3E, div 3: Ins 2024 No 10, Sch 1[11]. 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. s 296I: Ins 2024 No 10, Sch 1[11]. 296J Making orders (1) A chemical control order is made by publishing the order in the Gazette. (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 . s 296J: Ins 2024 No 10, Sch 1[11]. 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. s 296K: Ins 2024 No 10, Sch 1[11]. 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. s 296L: Ins 2024 No 10, Sch 1[11]. 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, (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. s 296M: Ins 2024 No 10, Sch 1[11]. Division 4 Assessment of technology pt 9.3E, div 4: Ins 2024 No 10, Sch 1[11]. 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. s 296N: Ins 2024 No 10, Sch 1[11]. 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. s 296O: Ins 2024 No 10, Sch 1[11]. Division 5 Forfeiture of chemicals pt 9.3E, div 5: Ins 2024 No 10, Sch 1[11]. 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. s 296P: Ins 2024 No 10, Sch 1[11]. 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, (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. s 296Q: Ins 2024 No 10, Sch 1[11]. 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. s 296R: Ins 2024 No 10, Sch 1[11].
Chemicals pt 9.3E: Ins 2024 No 10, Sch 1[11]. Division 1 Industrial chemicals pt 9.3E, div 1: Ins 2024 No 10, Sch 1[11]. 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. 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. s 296 (as originally enacted): Renumbered as sec 297A, 2024 No 10, Sch 1[12]. s 296: Ins 2024 No 10, Sch 1[11]. 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. s 296A: Ins 2024 No 10, Sch 1[11]. 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. s 296B: Ins 2024 No 10, Sch 1[11]. 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. s 296C: Ins 2024 No 10, Sch 1[11]. 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, (c) requiring an activity involving an industrial chemical to comply with or have regard to the IChEMS Minimum Standards agreed by Commonwealth, State and Territory environmental regulators and in force from time to time. (2) A condition imposed under this section may require compliance with the condition within a specified period. s 296D: Ins 2024 No 10, Sch 1[11]. Am 2025 No 58, Sch 9[65]. 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. s 296E: Ins 2024 No 10, Sch 1[11]. Division 2 Chemical use notices pt 9.3E, div 2: Ins 2024 No 10, Sch 1[11]. 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. s 296F: Ins 2024 No 10, Sch 1[11]. 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. s 296G: Ins 2024 No 10, Sch 1[11]. 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. s 296H: Ins 2024 No 10, Sch 1[11]. Division 3 Chemical control orders pt 9.3E, div 3: Ins 2024 No 10, Sch 1[11]. 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. s 296I: Ins 2024 No 10, Sch 1[11]. 296J Making orders (1) A chemical control order is made by publishing the order in the Gazette. (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 . s 296J: Ins 2024 No 10, Sch 1[11]. 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. s 296K: Ins 2024 No 10, Sch 1[11]. 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. s 296L: Ins 2024 No 10, Sch 1[11]. 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, (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. s 296M: Ins 2024 No 10, Sch 1[11]. Division 4 Assessment of technology pt 9.3E, div 4: Ins 2024 No 10, Sch 1[11]. 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. s 296N: Ins 2024 No 10, Sch 1[11]. 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. s 296O: Ins 2024 No 10, Sch 1[11]. Division 5 Forfeiture of chemicals pt 9.3E, div 5: Ins 2024 No 10, Sch 1[11]. 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. s 296P: Ins 2024 No 10, Sch 1[11]. 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, (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. s 296Q: Ins 2024 No 10, Sch 1[11]. 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. s 296R: Ins 2024 No 10, Sch 1[11].
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