254EDeclaration under section 5G of the Corporations Act 2001

254E Declaration under section 5G of the Corporations Act 2001 (Cth) (1) The provisions of the Act specified in subregulation (2) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 (Cth) in relation to the provisions of Chapter 5 of that Act. (2) For the purposes of subregulation (1), the following provisions of the Act are specified: (a) section 176; (b) section 177;

Environment Protection Regulations 2020 132 (c) section 178; (d) section 179; (e) section 189; (f) section 191; (g) section 192; (h) the provisions of Part 9 Division 2A. (3) The provisions of the Petroleum Act 1984 specified in subregulation (4) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 (Cth) in relation to the provisions of Chapter 5 of that Act. (4) For the purposes of subregulation (3), the following provisions of the Petroleum Act 1984 are specified: (a) section 71; (b) section 72; (c) section 77; (d) section 89N; (e) section 89Q; Notes for regulation 254E 1 See section 192Z of the Act. 2 Section 5G of the Corporations Act 2001 (Cth) provides that if a Territory law declares a provision of a Territory law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the Territory provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.

Part 10 Notice, recording and reporting of environmental incidents Environment Protection Regulations 2020 133 Part 10 Notice, recording and reporting of environmental incidents 255 Relevant information to be given (1) For Part 9, Division 8, Subdivision 2 of the Act, the relevant information about a notifiable incident required to be notified to the CEO consists of the following: (a) the time, date, nature, duration and location of the notifiable incident; (b) the location of the place where the environmental harm is occurring or is likely to occur; (c) the nature, the estimated quantity or volume and the concentration of any pollution involved; (d) the circumstances in which the notifiable incident occurred (including the cause of the notifiable incident, if known); (e) the action taken or proposed to be taken to deal with the notifiable incident and any resulting environmental harm, if known. (2) The information required to be given by this regulation is the information known to the person notifying the notifiable incident when the notice is required to be given. (3) If the information required by subregulation (1)(c), (d) or (e) to be included in a notice of a notifiable incident is not known to that person when the initial notification is made but becomes known afterwards, that information must be notified immediately after it becomes known. (4) Subject to subregulation (5), a notice must be given in writing. (5) In an emergency, notice of a notifiable incident may be given by: (a) notifying the CEO orally of the required information; and (b) giving the CEO a written notice containing the required information within 24 hours after the oral notice is given. (6) A notice is given to the CEO if it is given to a person nominated by the CEO under this regulation to receive notices on the CEO's behalf.