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SR 2004 No. 239 Regulations as made
These Regulations amend the Industrial Chemicals (Notification and Assessment) Regulations 1990.
Administered by: Health
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR09-Aug-2004
Tabled Senate09-Aug-2004
Gazetted 06 Aug 2004
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Industrial Chemicals (Notification and Assessment) Amendment Regulations 2004 (No. 2)1

Statutory Rules 2004 No. 2392

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Chemicals (Notification and Assessment) Act 1989.

Dated 5 August 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

TRISH WORTH


1              Name of Regulations

                These Regulations are the Industrial Chemicals (Notification and Assessment) Amendment Regulations 2004 (No. 2).

2              Commencement

                These Regulations commence on the commencement of Schedule 1 to the Industrial Chemicals (Notification and Assessment) Amendment (Low Regulatory Concern Chemicals) Act 2004.

3              Amendment of Industrial Chemicals (Notification and Assessment) Regulations 1990

                Schedule 1 amends the Industrial Chemicals (Notification and Assessment) Regulations 1990.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 4AA

substitute

4AA        Hazardous chemical (Act s 5)

                For the definition of hazardous chemical in section 5 of the Act, each of the following is a hazardous chemical:

                (a)    a chemical that is included in the List of Designated Hazardous Substances [NOHSC: 10005] published in April 1999 by the National Occupational Health and Safety Commission;

               (b)    a chemical that is classified as a hazardous substance in accordance with the Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008] published in April 1999 by the National Occupational Health and Safety Commission.

Note   The documents mentioned in paragraphs (a) and (b) may be accessed through the National Occupational Health and Safety Commission’s Internet homepage. See http://www.nohsc.gov.au.

[2]           Regulation 4A, heading

substitute

4A           Polymer of low concern — number average molecular weight greater than 1 000 and less than 10 000 (Act s 5)

[3]           Subregulation 4A (1)

omit everything before paragraph (a), insert

         (1)   A polymer that has a number average molecular weight that is greater than 1 000, but less than 10 000, is a polymer of low concern for subparagraph (a) (i) of the definition of that term in section 5 of the Act, if the polymer:

[4]           Regulation 4B, heading

substitute

4B           Polymer of low concern — number average molecular weight that is 10 000 or greater (Act s 5)

[5]           Regulation 4B

omit everything before paragraph (a), insert

                A polymer that has a number average molecular weight that is 10 000 or greater is a polymer of low concern for subparagraph (a) (i) of the definition of that term in section 5 of the Act, if the polymer:

[6]           After regulation 4B

insert

4CA        Polymer of low concern — number average molecular weight less than or equal to 1 000 (Act s 5)

                A polymer that has a number average molecular weight that is less than or equal to 1 000 is a polymer of low concern for subparagraph (a) (ii) of the definition of that term in section 5 of the Act, if the polymer has the following characteristics:

                (a)    the polymer is made from a prescribed reactant;

               (b)    the polymer has molecules that contain 2 or more carboxylic acid ester linkages, one or more of which links internal monomer units together.

[7]           Regulation 4C, heading

substitute

4C           Polymer of low concern — low charge density (Act s 5)

[8]           Regulation 4C

omit everything before paragraph (a), insert

                For paragraph (b) of the definition of polymer of low concern in section 5 of the Act, a polymer has a low charge density if:

[9]           Regulation 4D

omit

[10]         Regulation 4E

substitute

4E           Polymer of low concern — when polymer does not dissociate readily (Act s 5)

                For paragraph (d) of the definition of polymer of low concern in section 5 of the Act, a 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.

[11]         Regulations 4F and 4G

omit

[12]         Regulation 4H, heading

substitute

4H           Polymer of low concern — when polymer is stable (Act s 5)

[13]         Regulation 4H

omit

For paragraph (g) of the definition of synthetic polymer of low concern, a synthetic polymer

insert

For paragraph (e) of the definition of polymer of low concern in section 5 of the Act, a polymer

[14]         Regulation 4I, heading

substitute

4I             Polymer of low concern — other characteristics (Act s 5)

[15]         Subregulation 4I (1)

omit

For paragraph (h) of the definition of synthetic polymer of low concern, a synthetic polymer

insert

For paragraph (f) of the definition of polymer of low concern in section 5 of the Act, a polymer

[16]         Subregulations 4I (2) and (3)

omit

For paragraph (h)

insert

For paragraph (f)

[17]         After regulation 4I

insert

4J            Non-hazardous chemical — criteria relating to environmental effect (Act s 5)

         (1)   For paragraph (c) of the definition of non-hazardous chemical in subsection 5 (2) of the Act, the criteria set out in this regulation are prescribed.

         (2)   A non-hazardous chemical to which subsection 23 (5) or (7) of the Act applies must:

                (a)    have one of the following characteristics:

                          (i)    if the chemical dissolves in water without dissociation or association and is not surface‑active, the partition coefficient (n‑octanol/water) at 20oC expressed as log Pow must not exceed 3;

                         (ii)    the chemical’s solubility in water must be more than 1mg/litre;

                        (iii)    the chemical’s number-average molecular weight (in the case of a polymer) or the chemical’s molecular weight (in any other case) must be more than 1 000; and

               (b)    be readily biodegradable in accordance with the test known as a Ready Biodegradability Test mentioned in paragraph (q) of Part C of the Schedule to the Act; and

                (c)    not have a toxicity:

                          (i)    to fish, using the test mentioned in paragraph (m) of Part C of the Schedule to the Act, and expressed as an LC50, that is less than 100 mg/litre; and

                         (ii)    to aquatic invertebrates, using the test mentioned in paragraph (n) of Part C of the Schedule to the Act, and expressed as an EC50, that is less than 100 mg/litre; and

                        (iii)    to algae, using the test mentioned in paragraph (p) of Part C of the Schedule to the Act, and expressed as an EC50, that is less than 100 mg/litre.

         (3)   A non-hazardous chemical to which subsection 23 (4) or (6) of the Act applies must meet the criterion mentioned in paragraph (2) (a).

         (4)   For a non-hazardous chemical to which section 24A of the Act applies, carbon or silicon must be its largest component.

4K           Introduction of non-hazardous chemical — matters to be taken into account (Act s 5)

         (1)   For paragraph 5 (3) (g) of the Act and subject to subregulation (2), the Director must take account of the likelihood of the chemical being released:

                (a)    into a water treatment works at a rate more than:

                          (i)    10 kilograms each year from an individual source; or

                         (ii)    50 kilograms in total; or

               (b)    directly into a natural waterway.

         (2)   Paragraph (1) (a) does not apply if:

                (a)    subsection 23 (4) or (6) of the Act applies to the chemical and:

                          (i)    the chemical meets the criteria mentioned in paragraphs 4J (2) (b) and (c); and

                         (ii)    the person who introduces the chemical has information available that shows that those criteria are met; or

               (b)    subsection 23 (5) or (7) of the Act applies to the chemical.

[18]         Subregulation 6AB (1)

substitute

         (1)   For subparagraph 21 (4) (b) (i) of the Act, the requirements set out in this regulation are prescribed.

      (1A)   For subparagraph 21 (4) (b) (ii) of the Act, the requirements set out in subregulations (4), (7A), (8) and (9) are prescribed.

      (1B)   For subparagraph 21 (6) (c) (iv) of the Act, the requirements set out in subregulations (2) to (4) and (7A), (8) and (9) are prescribed.

[19]         Subregulations 6AB (6) and (7)

substitute

      (5A)   If the chemical is introduced in a cosmetic in an amount that is greater than 10 kilograms but less than 100 kilograms in a period of 12 months, the person who introduces the chemical must give to the Director:

                (a)    the material safety data sheet relevant to the chemical or product containing the chemical; and

               (b)    the label to be attached to the packaging of the chemical or product containing the chemical.

         (6)   The person who introduces the chemical must notify the Director in writing of the introduction.

         (7)   The notification under subregulation (6) must include:

                (a)    in relation to a chemical that is introduced in a cosmetic at a concentration of 1% or more and in an amount that is greater than 10 kilograms but less than 100 kilograms in a period of 12 months:

                          (i)    a statement setting out each requirement of subregulations (2) to (5A) and how that requirement is complied with; and

                         (ii)    a declaration that the contents of the notification are correct as far as the person knows; and

               (b)    in relation to a chemical that is introduced in a cosmetic at a concentration of less than 1% and in an amount that is greater than 10 kilograms but less than 100 kilograms in a period of 12 months:

                          (i)    a statement setting out each requirement of subregulations (2) to (4) and (5A) and how that requirement is complied with; and

                         (ii)    a declaration that the contents of the notification are correct as far as the person knows.

      (7A)   The person who introduces the chemical must keep in writing, for 5 years after the introduction, all information available to the person about occupational health and safety, public health matters and the environmental effects of the chemical.

[20]         Subregulation 6AB (8)

omit

paragraph (6) (b)

insert

subregulation (7A)

[21]         Subregulation 6AB (9)

omit

paragraph (6) (b),

insert

subregulation (7A),

[22]         Regulation 7AA

omit

[23]         Paragraph 7A (2) (b)

omit

[24]         Paragraph 7A (2) (d)

omit

under section 39

insert

under subsection 39 (1) or (1A)

[25]         Regulations 7B and 7C

omit

[26]         Regulation 8B

omit everything before paragraph (a), insert

                For subsections 39 (1) and (1A) of the Act, an assessment certificate must contain the following:

[27]         Schedule 1, Form 1A

omit

[28]         Schedule 2, after item 5

insert

5A

Paragraph 110 (1) (cc)

2 976

[29]         Schedule 2, item 18

omit

Notes

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 Nos. 9 and 58; 2003 Nos. 121, 150 and 192; 2004 No. 158.

2.       Notified in the Commonwealth of Australia Gazette on 6 August 2004.