Environmental Emergency Regulations, 2019 — 3
Notice 3 (1) A responsible person must, within 90 days after the day on which either of the following situations occurs, submit to the Minister a notice containing the information referred to in Schedule 2 for each facility at which a substance is located: (a) the total quantity of the substance, whether it is in a container system or not, is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance; or (b) a quantity of the substance is placed in a container system that has a maximum capacity that is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance. Excluded quantities (2) In determining the quantity of a substance for the purposes of subsection (1), the following quantities are excluded: (a) quantities of the substance that are located at the facility for a period of 72 hours or less, unless the substance is loaded or unloaded at the facility, if, during that period, the person keeps evidence of the date and time at which the quantities of the substance arrived at the facility; (b) quantities of the substance that are in a container system that has a maximum capacity of 0.03 t or less; (c) quantities of the substance that are found in slag, waste rock, tailings, solid residues, ores and ore concentrates; (d) quantities of the substance set out in item 17 of Part 1 of Schedule 1 that are in a container system that has a maximum capacity of less than 10 t and is located at least 360 m from all points along the boundary of the facility; and (e) quantities of a substance set out in item 163 of Part 1 of Schedule 1 or item 5 or 9 of Part 2 of that Schedule that are located at a farming operation for on-site use as an agricultural nutrient. Determination of Quantity — Part 1 of Schedule 1 (3) For the purposes of subsection (1), the quantity of a substance set out in Part 1 of Schedule 1 that is in a mixture is to be determined by multiplying the quantity of the mixture, expressed in tonnes, by the concentration, expressed in percentage (mass/mass), of the substance in the mixture. Determination of Quantity — Part 2 of Schedule 1 (4) For the purposes of subsection (1), the quantity of a substance that is a solution set out in Part 2 of Schedule 1 is to be determined (a) in the case of a solution that is not in a mixture, by multiplying the quantity of the solution, expressed in tonnes, by the concentration expressed in percentage (mass/mass) of the solute in the solution; and (b) in the case of a solution that is in a mixture, (i) if the concentration of the solute in the solution is available, by multiplying the quantity of the mixture, expressed in tonnes, by the concentration expressed in percentage (mass/mass) of the solute in the solution and the concentration expressed in percentage (mass/mass) of the solution in the mixture, and (ii) if the concentration of the solute in the solution is not available, by multiplying the quantity of the mixture, expressed in tonnes, by the percentage (mass/mass) of the solution in the mixture. Notice of change (5) A responsible person must, within 60 days after the day on which any of the following situations occurs, submit an updated notice to the Minister that contains the information referred to in Schedule 2: (a) the information that was reported under section 1 or 2 of Schedule 2 has changed; (b) the maximum expected quantity that was most recently reported under paragraph 3(d) of Schedule 2 in respect of a substance has increased by 10% or more; or (c) the maximum capacity that was most recently reported under paragraph 3(f) of Schedule 2 in respect of a container system, in which a quantity of a substance is contained, has increased by 10% or more.