Chemical use notices

The Protection of the Environment Operations Act 1997 (POEO Act) allows the EPA to issue a chemical use notice to require manufacturers and users of a specified chemical to provide information about their use of the chemical.

Chemical use notices enable the EPA to gather information about the use of emerging problem chemicals in NSW. They allow the EPA to establish communication with those chemical users to inform regulatory decision-making in relation to the specified chemical.

A chemical use notice may be issued by the EPA in the following circumstances:  

  • the chemical is listed in the IChEMS Register; or
  • a chemical control order is in force for the chemical; or
  • the chemical, in the EPA’s opinion, has the potential to present a risk of harm to human health or the environment.

A chemical use notice must include the information that is to be given to the EPA and the timeframe within which the information must be provided. 

A chemical use notice may require a person to give information about the chemical itself, how the chemical is being used, the location, quantity used manufactured or stored at the premises, and other particulars. 

Penalties may apply for chemical users and manufacturers who fail to comply with a chemical use notice.

Chemical use notices are published on the POEO Public Register.

Frequently asked questions

Persons who manufacture or use a chemical specified in a chemical use notice are required to provide information to the EPA. The chemical use notice will set out the information that must be provided to the EPA, how this information is to be provided and when it must be provided by.

No. The EPA may use aggregated data in policy and/ or regulatory analysis which may be published. The EPA may share specific information with other agencies if the EPA is reasonably satisfied that the information is relevant to the functions of the agency in relation to the chemical.