NSW EPA Can Seize Chemicals and Vehicles, and Licence Holders Must Plan for Pollution

Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024

Legislative Council

Legislative Assembly

Assent

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Effects of this bill

If this bill passes, it means that:

The EPA can publish an order in the Gazette requiring a person to provide information about how they use a chemical, which the EPA can then use to carry out its duties.
People who ignore these chemical use notices face fines between $7,500 and $15,000.
Authorised officers can seize and remove chemicals and any vehicles, boats, or containers used to commit an offence, and they can order the person in charge of the location to keep records or the substances.
The Land and Environment Court can order that seized chemicals or containers be handed over to the state permanently.
Licence holders must create a pollution incident response management plan for their licensed activity.
The law adopts the Commonwealth definition for industrial chemicals and their manufacture.
Licence conditions now control how industrial chemicals are stored, used, transported, sold, or disposed of.

The Debate

What different members said when this bill was debated:

Kellie Sloane LIB

“I am pleased to speak in debate on the Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024. This is important legislation that for the first time will support the harmonisation of standards for the environmental risk management of industrial chemicals across Australia. The Coalition will support the bill. We note that much of the work began under the former Coalition Government.”

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Edmond Atalla ALP

“I am pleased to speak in support of the Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024. The bill will deliver important reforms to the way in which the environmental risks of industrial chemicals are managed in this State.”

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Liza Butler ALP

“I am pleased to speak in support of the Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024. There are more than 40,000 industrial chemicals currently available for use in Australia. Most of them are not harmful to people or the environment when used as intended.”

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Kylie Wilkinson ALP

“I am pleased to speak in support of the Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024. The bill implements the Industrial Chemicals Environmental Management Standard in New South Wales. IChEMS is a new national approach to managing the environmental risks posed by industrial chemicals.”

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Julia Finn ALP

“I support the Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024. This important bill modernises the way that very hazardous chemicals are addressed in Australia, and in New South Wales in particular. More than 40,000 industrial chemicals are currently available for use in Australia, most of which are not harmful to people or the environment when they are used as intended.”

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Trish Doyle ALP

“I thank the member for Vaucluse, the shadow Minister, for her support on behalf of the Opposition. I also express my deep appreciation for the good work undertaken by the Environment Protection Authority legislation team.”

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News articles and press releases

Environmental Legislation Amendment (Hazardous Chemicals) Bill 2024

The Hon. PENNY SHARPE, Minister for Climate Change — 2024-02-08

The bill will also simplify and streamline our industrial chemicals environmental management legislation by transferring relevant powers from the Environmentally Hazardous Chemicals Act 1985 to the Protection of the Environment Operations Act 1997, and then repealing the Environmentally Hazardous Chemicals Act 1985. This will make it easier for businesses who use industrial chemicals to fulfil their regulatory responsibilities to prevent environmental harm. Finally, the bill makes necessary machinery amendments to the Protection of the Environment Operations Act 1997 to reflect that its mandate will extend to industrial chemicals.