Protection of the Environment Operations Act 1997

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 s 296 (as originally enacted): Renumbered as sec 297A, 2024 No 10, Sch 1[12].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].