(1) The operator of a facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds 10% of their threshold quantity must notify the regulator of this circumstance in accordance with this Part.
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.
Penalty: The tier E monetary penalty.
(2) Notification must be given:
(a) as soon as practicable (but not more than 3 months) after the operator becomes aware, or ought reasonably to have become aware, of the circumstance giving rise to the requirement to notify; or
(b) within any longer period that the regulator determines if satisfied on application by the operator that there is a reasonable excuse for the delayed notification.
Note: See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.