Regulator must be notified if manifest quantities to be exceeded
348 Regulator must be notified if manifest quantities to be exceeded
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: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
The notice under subsection (1) must be given—
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
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).
The notice under subsection (1) must include the following:
the name and ABN of the person conducting the business or undertaking;
the type of business or undertaking conducted;
if the workplace was previously occupied by someone else—the name of the most recent previous occupier, if known;
the activities of the business or undertaking that involve using, handling or storing Schedule 11 hazardous chemicals;
the manifest prepared by the person conducting the business or undertaking under section 347;
in the case of a notice under subsection (2) (b)—details of the changes to the manifest.
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: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
The notice under subsection (4) must include the information referred to in subsection (3) (a), (b) and (d).
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: tier E monetary penalty.
Note 1 Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2 A fee may be determined under the Act, s 278 for this provision.
Note 3 An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
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