The Ministry of Environment ("MOE") is currently
carrying out the data disclosure procedures relating to the results
from the 2015 Statistical Survey of chemical
On July 30, 2016, the MOE publicly disclosed the first set of
data on its website. This first set involved data submitted by
companies, which did not file a data protection application earlier
By comparison, for those companies that filed a data protection
application, the MOE is now reviewing the applications. We
understand that for this set of applicants, following its review,
the MOE will make the same type of public disclosure sometime after
the review of the applications.
Details on MOE's Disclosure:
The above disclosure constitutes an
independent disclosure by the MOE (i.e., disclosure is not
initiated by a third party's specific request for information),
and does not involve all chemical information submitted in the
Statistical Survey report.
The data subject to disclosure
include only select types of data applicable to hazardous
substances (e.g., chemical name, annual volume handled, name of
products containing the chemical) that constitute a "hazardous
substance" as defined under the Chemicals Control Act, or a
"hazardous factor" under the Industrial Safety &
To be part of this public disclosure,
for all other data, such as a product's chemical composition
and content, the MOE requires a third party's specific request
for information, and the MOE's review of such
Potentials for Appeal: At the conclusion of the
MOE's review, should the MOE decide to disclose data for which
data protection was claimed, the disclosure (decision) can be
appealed in two ways: (i) to the same review committee; or (ii)
through an administrative litigation proceeding.
Recommendation: Accordingly, companies that
have claimed data protection are advised to monitor the MOE's
review process, and to consider the need for any follow-up
measures, such as filing for appeal, or, in the event of an
unfavorable decision by the MOE, an administrative litigation
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Ministry of Environment, Forest and Climate change (MoEF&CC), on 9th December, 2016 amended the Environment Impact Assessment Notification, 2006 issued under sub-section 1 read with section 3(2)(v) of Environment (Protection) Act, 1986 and Rule 5(3)(d) of the Environment (Protection) Rules, 1986.
The Guideline may be used by practitioners, industry, regulators and owners or occupiers of land contaminated with PFAS.
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