New South Wales Consolidated Acts

ENVIRONMENTALLY HAZARDOUS CHEMICALS ACT 1985 - SECT 43

43 Power to require information

(1) The Authority may, by notice in writing served on any person, being:

(a) the occupier of any premises in or upon which any prescribed activity is carried on in relation to a chemical or any chemical waste is created, kept, treated or disposed of, or

(b) the owner of any plant, vehicle or vessel used for the carrying on of any prescribed activity in relation to a chemical or for the creation, keeping, conveyance, treatment or disposal of any chemical waste or any person in whose care, custody or control any such plant, vehicle or vessel is for the time being,

require that person to furnish, in such manner as is specified in the notice, to the Authority within 14 days or such longer period as is specified in the notice, such information:

(c) relating to any aspect of any such prescribed activity in relation to the chemical or, as the case may be, of any such creation, keeping, conveyance, treatment or disposal of a chemical waste, or

(d) relating to any such plant, vehicle or vessel,

as it requires by the notice.

(2) A person shall not, without reasonable excuse, neglect or refuse to comply with any requirement made under subsection (1).

Maximum penalty: 50 penalty units.

(3) Any statement made to the Authority pursuant to a requirement made under subsection (1) shall not be admissible in evidence in any proceedings against any natural person for any offence, not being the offence of neglecting or refusing to comply with any requirement made under that subsection.