Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 348

  (1)   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.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   The notice under subregulation   (1) must be given:

  (a)   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

  (b)   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).

  (3)   The notice under subregulation   (1) must include the following:

  (a)   the name and ABN of the person conducting the business or undertaking;

  (b)   the type of business or undertaking conducted;

  (c)   if the workplace was previously occupied by someone else--the name of the most recent previous occupier, if known;

  (d)   the activities of the business or undertaking that involve using, handling or storing Schedule   11 hazardous chemicals;

  (e)   the manifest prepared by the person conducting the business or undertaking under regulation   347;

  (f)   in the case of a notice under paragraph   (2)(b)--details of the changes to the manifest.

  (4)   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.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (5)   The notice under subregulation   (4) must include the information referred to in paragraphs   (3)(a), (b) and (d).

  (6)   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.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.