296CPerson must not do things prohibited by NSW IChEMS register

296C Person must not do things prohibited by NSW IChEMS register

296C Person must not do things prohibited by NSW IChEMS register

(1) A person must not do a thing in relation to an industrial chemical listed in the NSW IChEMS register if doing the thing is prohibited for the chemical in the register.

Maximum penalty—

(a) for an individual—

(i) $500,000, and

(ii) for each day the offence continues—$60,000, or

(b) otherwise—

(i) $2,000,000, and

(ii) for each day the offence continues—$120,000.

Note—

An offence against this section committed by a corporation is an offence attracting special executive liability for a director or other person involved in the management of the corporation—see section 169.

(2) An activity authorised by an environment protection licence is taken not to be a contravention of subsection (1).

(3) A person is not guilty of an offence against subsection (1) if the person proves the thing was done in relation to the industrial chemical in a way specified in the NSW IChEMS register as an exception to the prohibition.

s 296C: Ins 2024 No 10, Sch 1[11].