Schedule 1 Amendments commencing on gazettal
(regulation 3)
[1] Regulation 2, before definition of inspection times
insert
Act means the Industrial Chemicals (Notification and Assessment) Act 1989.
cationic means containing net positively charged atoms or associated groups of atoms covalently linked to its polymer molecule.
[2] Regulation 2, definition of the Act
omit
[3] Regulation 4A
substitute
4A Synthetic polymer of low concern — number average molecular weight less than 10 000 (Act s 5)
(1) A synthetic polymer that has a number average molecular weight greater than 1 000, but less than 10 000, has the number average molecular weight for the purposes of paragraph (a) of the definition of synthetic polymer of low concern if the polymer:
(a) has less than 10% by mass of molecules with molecular weight that is less than 500; and
(b) has less than 25% by mass of molecules with molecular weight that is less than 1 000; and
(c) complies with subregulation (2), (3) or (4).
(2) The polymer must consist only of low concern reactive functional groups mentioned in column 2 of Schedule 3.
(3) If the polymer includes moderate concern reactive functional groups mentioned in column 3 of Schedule 3:
(a) the groups must have a combined functional group equivalent weight of at least 1 000; and
(b) the polymer must include no high concern reactive functional groups mentioned in column 4 of Schedule 3.
(4) If the polymer includes high concern reactive functional groups mentioned in column 4 of Schedule 3, the groups must have a combined functional group equivalent weight of at least 5 000.
4B Synthetic polymer of low concern — number average molecular weight 10 000 or greater (Act s 5)
A synthetic polymer that has a number average molecular weight that is 10 000 or greater has the number average molecular weight for paragraph (a) of the definition of synthetic polymer of low concern if the polymer:
(a) has less than 2% by mass of molecules with molecular weight that is less than 500; and
(b) has less than 5% by mass of molecules with molecular weight that is less than 1 000.
4C Synthetic polymer of low concern — low charge density (Act s 5)
For paragraph (b) of the definition of synthetic polymer of low concern, a synthetic polymer has a low charge density if:
(a) it is both:
(i) not cationic; and
(ii) not likely to become cationic in an aquatic environment that has a pH value greater than 4 and less than 9; or
(b) it is a solid that is:
(i) not soluble or dispersible in water; and
(ii) to be used only in its solid phase; or
(c) for a polymer that includes 1 or more cationic groups, the total combined functional group equivalent weight of any cationic group is at least 5 000.
4D Synthetic polymer of low concern — low residual monomer content (Act s 5)
For paragraph (c) of the definition of synthetic polymer of low concern, a synthetic polymer has a low residual monomer content if it would not be classified as a hazardous substance in accordance with the Commission’s Standard, Approved Criteria for Classifying Hazardous Substances, that was published by the Commission in 1999.
4E Synthetic polymer of low concern — when polymer does not dissociate readily (Act s 5)
For paragraph (d) of the definition of synthetic polymer of low concern, a synthetic polymer does not dissociate readily if it is not likely to become cationic in an aquatic environment that has a pH value greater than 4 and less than 9.
4F Synthetic polymer of low concern — low water solubility (Act s 5)
For paragraph (e) of the definition of synthetic polymer of low concern, every synthetic polymer is taken to have low water solubility.
4G Synthetic polymer of low concern — particle size (Act s 5)
For paragraph (f) of the definition of synthetic polymer of low concern, a synthetic polymer may, in solid form, have any particle size.
4H Synthetic polymer of low concern — when polymer is stable (Act s 5)
For paragraph (g) of the definition of synthetic polymer of low concern, a synthetic polymer is stable under the conditions in which it is used if, under those conditions, it does not readily break down by any process, including the following:
(a) depolymerisation;
(b) hydrolysis;
(c) photodegradation;
(d) thermal degradation.
4I Synthetic polymer of low concern — other characteristics (Act s 5)
(1) For paragraph (h) of the definition of synthetic polymer of low concern, a synthetic polymer must contain as an integral part of its composition at least 2 of the following atomic elements:
(a) carbon;
(b) hydrogen;
(c) nitrogen;
(d) oxygen;
(e) silicon;
(f) sulphur.
(2) For paragraph (h) of that definition, a polymer must not contain as an integral part of its composition (except as impurities) an atomic element other than the following:
(a) aluminium as the monatomic counterion Al3+;
(b) bromine as the monatomic counterion Br-;
(c) bromine covalently bound to carbon;
(d) calcium as the monatomic counterion Ca2+;
(e) carbon;
(f) chlorine as the monatomic counterion Cl-;
(g) chlorine covalently bound to carbon;
(h) fluorine covalently bound to carbon;
(i) hydrogen;
(j) iodine as the monatomic counterion I-;
(k) iodine covalently bound to carbon;
(l) magnesium as the monatomic counterion Mg2+;
(m) nitrogen;
(n) oxygen;
(o) potassium as the monatomic counterion K+;
(p) silicon;
(q) sodium as the monatomic counterion Na+;
(r) sulphur;
(s) less than 0.2% (by weight) of any combination of the following atomic elements:
(i) boron;
(ii) copper;
(iii) iron;
(iv) lithium;
(v) manganese;
(vi) nickel;
(vii) phosphorus;
(viii) tin;
(ix) titanium;
(x) zinc;
(xi) zirconium.
(3) For paragraph (h) of that definition, a polymer that is capable of absorbing its own weight in water must not have a number average molecular weight that is 10 000 or greater.
[4] Paragraphs 8A (a), 8C (a) and 9B (a)
substitute
(a) the following authorities are prescribed for the Commonwealth:
(i) the Department of the Environment and Heritage;
(ii) the Department of Health and Ageing; and
[5] Subregulation 11B (1)
omit
Prior Informed Consent Scheme
insert
interim PIC procedure
[6] Subregulation 11B (2)
substitute
(2) In subregulation (1):
interim PIC procedure means the voluntary scheme adopted by the Resolution of the Conference of the Plenipotentiaries on the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention) on 10 September 1998.
[7] Regulations 12A and 12C
omit
[8] Regulation 16
omit
[9] Subregulation 17 (1)
omit
subregulation 15 (1), (4) or (5) or 16 (1).
insert
subregulation 15 (1), (4), (5) or (6) or regulation 16A.
[10] Schedule 1, Form 1A
substitute
Form 1A
(regulation 7AA)
Industrial Chemicals (Notification and Assessment) Act 1989
STATEMENT UNDER SECTION 24A REGARDING A SYNTHETIC POLYMER OF LOW CONCERN
Applicant Details
Business Name:
Business Address (including postcode):
Postal Address (including postcode):
Phone: Fax: E-mail:
Technical Contact
Name:
Position:
Phone: Fax: E-mail:
Details of polymer
Chemical Name of Polymer:
Other Names:
Marketing Name:
CAS Number:
Justification for application under the Synthetic Polymer of Low Concern category
Does the polymer meet the criteria for a synthetic polymer of low concern in section 5 of the Act and regulations 4A to 4I of the Industrial Chemicals (Notification and Assessment) Regulations 1990?
| number average molecular weight | YES/NO |
| polyester | YES/NO |
| reactive functional groups – functional group equivalent weight | YES/NO |
| charge density | YES/NO |
| residual monomer content | YES/NO |
| stability | YES/NO |
| chemical composition | YES/NO |
| water absorbing polymer | YES/NO |
Molecular formula:
Structural formula:
Means of identification (list of spectral data available):
Number-average molecular weight (NAMW):
Weight-average molecular weight (WAMW):
Weight percentage of polymer species with MW less than 1000:
Weight percentage of polymer species with MW less than 500:
Functional group equivalent weight (FGEW):
Does the polymer contain any positively or negatively charged groups? For cationic polymers, please provide a calculation of the charge density (number of charges per 1000 MW) or the combined FGEW of the charged groups.
Is the polymer cationic or reasonably anticipated to become cationic in the pH range (4-9) likely to be encountered in the environment?
Table 1: List of polymer constituents
| Constituent | CAS No. | % Weight |
| | | |
| | | |
| | | |
Table 2: Maximum weight percentage of residual monomers
| Monomer or Impurity | % Weight |
| | |
| | |
| | |
Water solubility:
Particle size distribution:
Comment on the stability of the polymer:
Does the polymer contain any functional groups which are intended or can reasonably be anticipated to undergo further reaction? If so, give details.
Intended use(s):
Appearance of the polymer:
Estimated manufacture or import volume (during each of the first 5 years):
Site of manufacture and/or reformulation:
Melting point:
Density:
Flammability limits:
Autoignition temperature:
Explosive properties:
Reactivity (e.g. oxidation potential):
Occupational Health and Safety
What is the likely occupational exposure? Give details of:
(a) data about occupational exposure factors, that is:
I. the number and categories of workers to be involved in working with the polymer; and
II. the nature of the work to be done by them; and
III. the safety procedures to be observed when handling the polymer; and
IV. a brief description of the training and education in safe working practices to be given to those workers; and
V. data about the occurrence of work-related injuries and diseases affecting workers dealing with the polymer; and
VI. any other data relating to occupational hazards associated with the chemical; and
(b) a list of the health conditions (if any) which indicate that the polymer should not be used; and
(c) particulars of procedures for atmospheric monitoring and biological monitoring of the effects of the polymer; and
(d) information held, or reasonably obtainable, by the notifier about studies and observations of health problems or adverse symptoms occurring in humans exposed to the polymer.
Environmental Impact
What is the environmental impact? Provide information about the release of the polymer likely to occur at the manufacture or reformulation site and during normal end use (rather than from spills etc). Qualitative or semi-quantitative estimates only are required. Where there is both a high content of low molecular weight species and a high release to water, aquatic toxicity data for fish, daphnia and/or algae may be required.
Public Health
What is the likely public health exposure? Provide a brief description of any way in which the polymer could be harmful or hazardous to the health of the public at large. Where there is both a high content of low molecular weight species and the polymer is to be used as an ingredient in a cosmetic product at 1% or more, additional information, e.g. toxicological data, may be required.
Label
Please attach labels (or copies of labels) for all products consisting of or containing the polymer.
Material Safety Data Sheet
Please provide MSDS for the polymer and all commercially available products, or substances used in the workplace, containing the polymer.
Declaration
I declare that to the best of my knowledge all the information in this form and attachments is true, correct and complete. I also declare that I am in possession of, and have ready access to, the raw data and am entitled to use and give the Director all information contained in this application.
Name:
Position:
Signature: Date:
NOTE: It is an offence under the Act to supply a statement which is false or misleading.
[11] After Schedule 2
insert
Schedule 3 Reactive functional groups
(regulation 4A)
| Item | Low concern | Moderate concern | High concern |
| 1 | Carboxylic acid | | Pendant acrylates and methacrylates |
| 2 | Aliphatic hydroxyl | | Aziridines |
| 3 | Unconjugated olefinic considered ‘ordinary’ (that is, unconjugated olefinic not specifically activated by being part of a larger functional group or by other activating influences) | | Carbodi-imides |
| 4 | Butenedioic acid | | Halosilanes, Hydrosilanes, Alkoxysilanes |
| 5 | Conjugated olefinic groups contained in naturally occurring fats, oils and carboxylic acids | Conjugated olefinic groups not contained in naturally occurring fats, oils and carboxylic acids | Hydrazines |
| 6 | Blocked isocyanates (including ketoxime-blocked isocyanates) | | Isocyanates, isothiocyanates |
| 7 | Thiols | | Alpha or beta lactones |
| 8 | Unconjugated nitriles | | Vinyl sulfones or analogous compounds |
| 9 | Halogens (except reactive halogen- containing groups such as benzylic or allylic halides) | | Acid halides |
| 10 | | | Acid anhydrides |
| 11 | | | Aldehydes |
| 12 | | | Hemiacetals |
| 13 | | | Methylolamides, amines or ureas |
| 14 | | | Cyanates |
| 15 | | | Epoxides |
| 16 | | | Unsubstituted positions ortho and para to phenolic hydroxyl |
| 17 | | | Allyl ethers |
| 18 | | | Imines (ketimines and aldimines) |
| 19 | | | Partially-hydrolysed acrylamides |
| 20 | | | Other reactive functional groups not in the low or moderate concern groups |
Schedule 2 Amendments commencing on the commencement of item 5 of Schedule 1 to the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001
(regulation 3)
[1] After regulation 4AA
insert
4AB Prescribed reactants
For the definition of prescribed reactant in section 5 of the Act, a substance set out in Schedule 4 is prescribed.
[2] After Schedule 3
insert
Schedule 4 Prescribed reactants
(regulation 4AB)
Part 1 Di and Tri Basic Acids
| Item | Substance | CAS no. |
| 101 | 1,2-Benzenedicarboxylic acid | 88-99-3 |
| 102 | 1,3-Benzenedicarboxylic acid | 121-91-5 |
| 103 | 1,3-Benzenedicarboxylic acid, dimethyl ester | 1459-93-4 |
| 104 | 1,4-Benzenedicarboxylic acid | 100-21-0 |
| 105 | 1,4-Benzenedicarboxylic acid, diethyl ester | 636-09-9 |
| 106 | 1,4-Benzenedicarboxylic acid, dimethyl ester | 120-61-6 |
| 107 | 1,2,4-Benzenetricarboxylic acid | 528-44-9 |
| 108 | Butanedioic acid | 110-15-6 |
| 109 | Butanedioic acid, diethyl ester | 123-25-1 |
| 110 | Butanedioic acid, dimethyl ester | 106-65-0 |
| 111 | 2-Butenedioic acid (E)- | 110-17-8 |
| 112 | Decanedioic acid | 111-20-6 |
| 113 | Decanedioic acid, diethyl ester | 110-40-7 |
| 114 | Decanedioic acid, dimethyl ester | 106-79-6 |
| 115 | Dodecanedioic acid | 693-23-2 |
| 116 | Fatty acids, C18-unsaturated, dimers | 61788-89-4 |
| 117 | Heptanedioic acid | 111-16-0 |
| 118 | Heptanedioic acid, dimethyl ester | 1732-08-7 |
| 119 | Hexanedioic acid | 124-04-9 |
| 120 | Hexanedioic acid, dimethyl ester | 627-93-0 |
| 121 | Hexanedioic acid, diethyl ester | 141-28-6 |
| 122 | Nonanedioic acid | 123-99-9 |
| 123 | Nonanedioic acid, dimethyl ester | 1732-10-1 |
| 124 | Nonanedioic acid, diethyl ester | 624-17-9 |
| 125 | Octanedioic acid | 505-48-6 |
| 126 | Octanedioic acid, dimethyl ester | 1732-09-8 |
| 127 | Pentanedioic acid | 110-94-1 |
| 128 | Pentanedioic acid, dimethyl ester | 1119-40-0 |
| 129 | Pentanedioic acid, diethyl ester | 818-38-2 |
| 130 | Undecanedioic acid | 1852-04-6 |
Part 2 Modifiers
| Item | Substance | CAS no. |
| 201 | Acetic acid, 2,2´-oxybis- | 110-99-6 |
| 202 | 1-Butanol (other than 1-butanol that is used to manufacture a polyester with maleic or fumaric acid) | 71-36-3 |
| 203 | Cyclohexanol | 108-93-0 |
| 204 | Cyclohexanol, 4,4´-(1-methylethylidene)bis | 80-04-6 |
| 205 | Ethanol, 2-(2-butoxyethoxy)- | 112-34-5 |
| 206 | 1-Hexanol | 111-27-3 |
| 207 | Methanol, hydrolysis products with trichlorohexylsilane and trichlorophenylsilane | 72318-84-4 |
| 208 | 1-Phenanthrenemethanol, tetradecahydro-1,4a-dimethyl-7-(1-methylethyl)- | 13393-93-6 |
| 209 | Phenol, 4,4´-(1-methylethylidene)bis-, polymer with 2,2´-[(1-methylethylidene)bis(4,1-phenyleneoxymethylene)]bis[oxirane] | 25036-25-3 |
| 210 | Siloxanes and Silicones, dimethyl, diphenyl, polymers with phenyl silsesquioxanes, methoxy-terminated | 68440-65-3 |
| 211 | Siloxanes and Silicones, dimethyl, methoxy phenyl, polymers with phenyl silsesquioxanes, methoxy-terminated | 68957-04-0 |
| 212 | Siloxanes and Silicones, methyl phenyl, methoxy phenyl, polymers with phenyl silsesquioxanes, methoxy- and phenyl-terminated | 68957-06-2 |
| 213 | Silsesquioxanes, phenyl propyl | 68037-90-1 |
Part 3 Monobasic Acids and Natural Oils
| Item | Substance | CAS no. (if any) |
| 301 | Benzoic acid | 65-85-0 |
| 302 | Canola oil | 120962-03-0 |
| 303 | Coconut oil | 8001-31-8 |
| 304 | Corn oil | 8001-30-7 |
| 305 | Cottonseed oil | 8001-29-4 |
| 306 | Dodecanoic acid | 143-07-7 |
| 307 | Fats and glyceridic oils, anchovy | 128952-11-4 |
| 308 | Fats and glyceridic oils, babassu | 91078-92-1 |
| 309 | Fats and glyceridic oils, herring | 68153-06-0 |
| 310 | Fats and glyceridic oils, menhaden | 8002-50-4 |
| 311 | Fats and glyceridic oils, sardine | 93334-41-9 |
| 312 | Fats and glyceridic oils, oiticica | 8016-35-1 |
| 313 | Fatty acids, C16-18 and C18-unsaturated | 67701-08-0 |
| 314 | Fatty acids, castor-oil | 61789-44-4 |
| 315 | Fatty acids, coco | 61788-47-4 |
| 316 | Fatty acids, dehydrated castor-oil | 61789-45-5 |
| 317 | Fatty acids, linseed oil | 68424-45-3 |
| 318 | Fatty acids, safflower oil | 93165-34-5 |
| 319 | Fatty acids, soya | 68308-53-2 |
| 320 | Fatty acids, sunflower oil | 84625-38-7 |
| 321 | Fatty acids, sunflower-oil, conjugated | 68953-27-5 |
| 322 | Fatty acids, tall-oil | 61790-12-3 |
| 323 | Fatty acids, tall-oil, conjugated | |
| 324 | Fatty acids, vegetable oil | 61788-66-7 |
| 325 | Glycerides, C16-18 and C18-unsaturated | 67701-30-8 |
| 326 | Heptanoic acid | 111-14-8 |
| 327 | Hexanoic acid | 142-62-1 |
| 328 | Hexanoic acid, 3,3,5-trimethyl- | 3302-10-1 |
| 329 | Linseed oil | 8001-26-1 |
| 330 | Linseed oil, oxidised | 68649-95-6 |
| 331 | Nonanoic acid | 112-05-0 |
| 332 | Oils, Cannabis | |
| 333 | Oils, palm kernel | 8023-79-8 |
| 334 | Oils, perilla | 68132-21-8 |
| 335 | Oils, walnut | 8024-09-7 |
| 336 | Safflower oil | 8001-23-8 |
| 337 | Soybean oil | 8001-22-7 |
| 338 | Sunflower oil | 8001-21-6 |
| 339 | Tung oil | 8001-20-5 |
Part 4 Polyols
| Item | Substance | CAS no. |
| 401 | 1,3-Butanediol | 107-88-0 |
| 402 | 1,4-Butanediol | 110-63-4 |
| 403 | 1,4-Cyclohexanedimethanol | 105-08-8 |
| 404 | 1,2-Ethanediol | 107-21-1 |
| 405 | Ethanol, 2,2´-oxybis- | 111-46-6 |
| 406 | 1,6-Hexanediol | 629-11-8 |
| 407 | 1,3-Pentanediol, 2,2,4-trimethyl- | 144-19-4 |
| 408 | 1,2-Propanediol | 57-55-6 |
| 409 | 1,3-Propanediol, 2,2-bis(hydroxymethyl)- | 115-77-5 |
| 410 | 1,3-Propanediol, 2,2-dimethyl- | 126-30-7 |
| 411 | 1,3-Propanediol, 2-ethyl-2-(hydroxymethyl)- | 77-99-6 |
| 412 | 1,3-Propanediol, 2-(hydroxymethyl)-2-methyl | 77-85-0 |
| 413 | 1,3-Propanediol, 2-methyl | 2163-42-0 |
| 414 | 1,2,3-Propanetriol | 56-81-5 |
| 415 | 1,2,3-Propanetriol, homopolymer | 25618-55-7 |
| 416 | 2-Propen-1-ol, polymer with ethenylbenzene | 25119-62-4 |
1. These Regulations amend Statutory Rules 1990 No. 231, as amended by 1990 No. 440; 1991 No. 165; 1992 Nos. 29, 245 and 282; 1993 No. 35; 1994 Nos. 21, 320, 368 and 454; 1995 Nos. 81 and 358; 1997 Nos. 181, 193, 203 and 419; 1999 No. 224; 2002 No. 9.
2. Notified in the Commonwealth of Australia Gazette on 28 March 2002.