The Environmental Legislation Amendment (Hazardous Chemicals) Bill 2023 actions included amending largely the POEO Act to:
- Control the making and use of listed chemicals under the Commonwealth register under the Industrial Chemicals Environmental Management (Register) Act 2021 of the Commonwealth into the NSW Industrial Chemicals Environmental Management Standard (IChEMS) register,
- Permit the EPA enabled to publish chemical use notices covering IChEMS chemicals requiring users to provide with and offences relating to compliance.
- Transfer the powers and repeal the Environmentally Hazardous Chemicals Act 1985, including the Chemical Control Orders to the POEO Act
- Other amendments
ASBG's submission welcomed the Bill in general with a few issues including;
- Avoidance of duplication - a general issue with many environmental issues
- Clear advice to likely affected businesses and organisations with a period of grace for implementation
- Variation between Commonwealth and NSW IChEMS registry and consultation in proportion to the impact before being gazetted as a chemical use notice.
- EPA assessment of management technologies used for industrial chemicals at a fee is voluntary. However, to gain other governmental approvals, such as planning consents etc, are likely to require such assessment. The issue is the definition of industrial chemicals is considered far too broad applying to most chemicals used in industry. Consequently, industrial chemicals should be ring fenced to ‘industrial chemical listed in the NSW IChEMS register or under a chemical use notice'.
 ASBG Submission on the Environmental Hazardous Chemicals Bill 2023 | 886 kB |
