7. In the principal Regulations, after regulation 44, insert —| “Notifications relating to Fourth Schedule dust |
44AA.—(1) It is the duty of the occupier of a factory to notify the Commissioner in writing —| (a) | if the handling, sorting, packing, storing, processing, manufacturing or use of Fourth Schedule dust derived from a particular substance has not started at a factory and the occupier has reason to believe that the quantity of that Fourth Schedule dust to be handled, sorted, packed, stored, processed, manufactured or used at the factory is at any time likely to reach the threshold quantity for that Fourth Schedule dust — at least one month before starting to handle, sort, pack, store, process, manufacture or use that Fourth Schedule dust at the factory; and | | (b) | if the handling, sorting, packing, storing, processing, manufacturing or use of Fourth Schedule dust derived from a particular substance has started at the factory and the occupier has reason to believe that the quantity of that Fourth Schedule dust to be handled, sorted, packed, stored, processed, manufactured or used at the factory is at any time likely to reach the threshold quantity for that Fourth Schedule dust — as soon as the occupier has reason to so believe. |
| (2) Where the Commissioner has been notified under paragraph (1), the occupier of the factory must notify the Commissioner in writing not later than one month after the handling, sorting, packing, storing, processing, manufacturing and use of all Fourth Schedule dust at the factory has ceased. |
| (3) The notifications mentioned in paragraphs (1) and (2) must be made in the form and manner that the Commissioner requires. |
(4) The occupier of a factory must notify the owner of the factory —| (a) | before starting to handle, sort, pack, store, process, manufacture or use any Fourth Schedule dust derived from a particular substance at the factory if the quantity of that Fourth Schedule dust to be handled, sorted, packed, stored, processed, manufactured or used at the factory is at any time likely to reach the threshold quantity for that Fourth Schedule dust; and | | (b) | after the handling, sorting, packing, storing, processing, manufacturing and use of all Fourth Schedule dust at the factory has ceased. |
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| (5) An occupier of a factory who, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
| (6) An occupier of a factory who, without reasonable excuse, contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.”. |
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