New South Wales Consolidated Acts

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 17

17 Authority’s consideration of chemicals and activities

(1) In making an assessment under this Division of a chemical or of a prescribed activity carried on or proposed to be carried on in relation to a chemical or a declared chemical waste, the Authority shall consider the effect, or the likely effect, on the environment of all aspects of the carrying on of prescribed activities in relation to the chemical or, as the case may require, the likely effect on the environment of all aspects of the carrying on of the prescribed activity the subject of the assessment.

(2) For the purposes of subsection (1), the Authority may consider, with respect to any substance which is the subject of an assessment (or, where a prescribed activity is the subject of an assessment, with respect to any substance in relation to which the activity is proposed to be carried on):

(a) any propensity of the substance to produce harmful effects in organisms or biological systems, whether those effects are manifested in immediate or gradual or accumulative physiological or structural damage, in the alteration of characteristics in one or more generations of human or other animal progeny or of plant life or otherwise,

(b) any propensity of the substance adversely to affect the soil or any other physical feature of the environment,

(c) the actual or likely exposure, and the actual or likely degree, rate and duration of any exposure, of organisms, biological systems or physical features of the environment to the substance in all stages of the carrying on of prescribed activities in relation to the substance or, as the case may require, any such exposure or increase on any such exposure likely to result from the carrying on of the prescribed activity the subject of the assessment,

(d) where adverse effects are likely to result from any exposure or increased exposure of organisms, biological systems or physical features of the environment to the substance-the adequacy, efficiency and practicality of any methods or safeguards employed or which might be employed to prevent, or reduce the degree, rate or duration of, any such exposure, and

(e) where, in the opinion of the Authority, the substance or the prescribed activity, as the case may be, which is the subject of the assessment has or is likely to have adverse environmental effects:

(i) the adequacy, efficiency and practicality of measures for the safe treatment and disposal of the substance and any associated by-product, and

(ii) the adequacy, efficiency and practicality of the manufacture or use of an alternative substance, or of alternative industrial or other practices relating to the substance, having regard to the purposes intended to be served by the substance or by the prescribed activity, as the case may be,

and any other matters the Authority thinks relevant to the public interest and the protection of the environment.

(3) In making an assessment under this Division of a chemical or of a prescribed activity, the Authority may take into account any information which it considers reliable and relevant furnished to it or published by any person.

(4) In making an assessment under this Division of a chemical, the Authority shall consider and evaluate any submissions made to it in response to a notice published under section 19 in relation to the chemical concerned as to the benefits afforded or likely to be afforded to human kind by the chemical or as to any other matter.

(5) In making an assessment under this Division of a prescribed activity proposed to be carried on in relation to any chemical or declared chemical waste, the Authority may, in addition to any other matter it is entitled to consider, have regard to the qualifications, experience and expertise of the persons to be concerned in the carrying on of the activity.