QLDIn ForceRegulation
Environmental Protection Regulation 2019
sec.117Occupiers of reporting facilities to give information
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### sec.117 Occupiers of reporting facilities to give information
This section applies to the occupier of a reporting facility that, under NPI NEPM, exceeds the reporting threshold for a substance in the facility’s reporting period.
The occupier must, within 3 months after the end of the reporting period, give the chief executive the following, unless the occupier has a reasonable excuse—
the information mentioned in NPI NEPM, section 9 (1) ;
a statement about the information that complies with NPI NEPM, section 9 (6) .
Maximum penalty—20 penalty units.
However, this section does not apply unless—
the Commonwealth and the State agree that the code under ANZSIC for 1 or more activities carried out at the facility is an industry type required to report under this measure; and
the Commonwealth has included the code on a list as an industry type required to report under this measure and published the list; and
the Commonwealth publishes industry reporting materials for the code.
Also, this section does not apply to mandatory transfer data mentioned in NPI NEPM, section 9 (1) , unless the Commonwealth publishes industry reporting materials for transfers.
Subsection (2) is subject to sections 126 and 128 .
If the chief executive requires further information in relation to the information mentioned in NPI NEPM, section 9 (1) (e) or (g) , the chief executive may give the occupier a written notice stating—
the information required; and
why the information is required; and
a reasonable period of at least 30 business days for compliance; and
the review or appeal details for the decision to give the notice.
The occupier must comply with the notice unless the occupier has a reasonable excuse.
Maximum penalty—20 penalty units.
In this section—
ANZSIC means the document called ‘1292.0 - Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006 (Revision 2.0)’, made by the Australian Bureau of Statistics.
(sec.117-ssec.1) This section applies to the occupier of a reporting facility that, under NPI NEPM, exceeds the reporting threshold for a substance in the facility’s reporting period.
(sec.117-ssec.2) The occupier must, within 3 months after the end of the reporting period, give the chief executive the following, unless the occupier has a reasonable excuse— the information mentioned in NPI NEPM, section 9 (1) ; a statement about the information that complies with NPI NEPM, section 9 (6) . Maximum penalty—20 penalty units.
(sec.117-ssec.3) However, this section does not apply unless— the Commonwealth and the State agree that the code under ANZSIC for 1 or more activities carried out at the facility is an industry type required to report under this measure; and the Commonwealth has included the code on a list as an industry type required to report under this measure and published the list; and the Commonwealth publishes industry reporting materials for the code.
(sec.117-ssec.4) Also, this section does not apply to mandatory transfer data mentioned in NPI NEPM, section 9 (1) , unless the Commonwealth publishes industry reporting materials for transfers.
(sec.117-ssec.5) Subsection (2) is subject to sections 126 and 128 .
(sec.117-ssec.6) If the chief executive requires further information in relation to the information mentioned in NPI NEPM, section 9 (1) (e) or (g) , the chief executive may give the occupier a written notice stating— the information required; and why the information is required; and a reasonable period of at least 30 business days for compliance; and the review or appeal details for the decision to give the notice.
(sec.117-ssec.7) The occupier must comply with the notice unless the occupier has a reasonable excuse. Maximum penalty—20 penalty units.
(sec.117-ssec.8) In this section— ANZSIC means the document called ‘1292.0 - Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006 (Revision 2.0)’, made by the Australian Bureau of Statistics.
- (a) the information mentioned in NPI NEPM, section 9 (1) ;
- (b) a statement about the information that complies with NPI NEPM, section 9 (6) .
- (a) the Commonwealth and the State agree that the code under ANZSIC for 1 or more activities carried out at the facility is an industry type required to report under this measure; and
- (b) the Commonwealth has included the code on a list as an industry type required to report under this measure and published the list; and
- (c) the Commonwealth publishes industry reporting materials for the code.
- (a) the information required; and
- (b) why the information is required; and
- (c) a reasonable period of at least 30 business days for compliance; and
- (d) the review or appeal details for the decision to give the notice.