The Environmentally Hazardous Chemicals Regulation 2017 commenced on 1 September 2017 and remakes and replaces the Environmentally Hazardous Chemicals Regulation 2008 (2008 Regulation). The 2008 Regulation was due for automatic staged repeal on 1 September 2017 in accordance with the Subordinate Legislation Act 1989. This provided the EPA with the opportunity to ensure that the regulation was up to date and appropriately supports the legislation that manages high-risk chemicals.
The 2017 Regulation does not alter the operation of the Environmentally Hazardous Chemicals Act 1985. It simply
- Increases licensing and technology assessment fees to reflect changes in wages since 2012
- Makes a minor change to the newspaper advertising requirements in clause 11 to allow for online advertisements, consistent with the NSW Digital Government Strategy. This amendment was made after the draft Regulation was released for public consultation.
The draft 2017 Regulation had proposed the introduction of a new application fee for technology assessments. Following discussions with the Better Regulation Division of the Department of Finance, Services and Innovation, the EPA decided to defer this proposal.
Consultation and Regulatory Impact Statement
The draft 2017 Regulation and a Regulatory Impact Statement were released for public comment from 7 June 2017 to 7 July 2017.
- Regulatory Impact Statement: Proposed Environmentally Hazardous Chemicals Regulation 2017 (PDF 903KB)
The EPA received and answered one inquiry regarding the proposal and no formal submissions were received.