Chemicals Act 2008

14.

Directions for improvement plan.

14.— (1) Where an inspector is of the opinion that there is occurring or likely to occur any activity that involves or is likely to involve a risk to human health or the environment, he or she may give a direction to a person whom the inspector considers to be in control of the activity to which a duty under the relevant chemicals statutory provisions applies requiring submission to him or her of F19[an improvement plan (in this section and in section 15 referred to as a plan)].

(2) A direction given under subsection (1) shall—

(a) identify the activity which is or is likely to be a risk,

(b) require the submission to the inspector, not later than one month after the giving of the directions, of F20[a plan] specifying the remedial action proposed to be taken,

(c) require the person in control of the activity to implement the plan, and

(d) include any other requirements that the inspector considers necessary.

F21[(3) An inspector shall, not later than one month after receiving a plan submitted under subsection (2) or a revised improvement plan (in this section and in section 15 also referred to as a plan) submitted pursuant to a direction under subsection (4), confirm by notice to the person who submitted the plan whether or not the inspector is satisfied that the plan is adequate.]

F22[(4) If an inspector is not satisfied that a plan is adequate he or she shall, not later than one month after receiving the plan, require, by direction in writing, the person who prepared the plan to

(a) revise the plan in such manner as is specified in the direction, and

(b) resubmit the plan as so revised to the inspector not later than the date of the expiration of such period as is specified in the direction.

(5) Where an inspector confirms by notice under subsection (3) that he or she is satisfied that a plan is adequate the person concerned shall implement the plan forthwith.

(6) A person to whom a direction under this section applies shall comply with the direction.

(7) A direction or notice under this section shall be signed and dated by the inspector. ]

Annotations

Amendments:

F19

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 6(a), S.I. No. 591 of 2010.

F20

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 6(b), S.I. No. 591 of 2010.

F21

Substituted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 6(c), S.I. No. 591 of 2010.

F22

Inserted (10.12.2010) by Chemicals (Amendment) Act 2010 (32/2010), s. 6(d), S.I. No. 591 of 2010.