
Industrial Chemicals Environmental Management (Register) Instrument 2022
made under subsection 22(1) of the
Industrial Chemicals Environmental Management (Register) Act 2021
Compilation No. 1
Compilation date: 19 December 2023
Includes amendments: F2023L01689
Registered: 28 March 2024
About this compilation
This compilation
This is a compilation of the Industrial Chemicals Environmental Management (Register) Instrument 2022 that shows the text of the law as amended and in force on 19 December 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
3 Authority
4 Definitions
5 Register of scheduling decisions for relevant industrial chemicals
Schedule 1—Relevant industrial chemicals that are not appropriate for listing in the other Schedules
1 Scheduling decisions for relevant industrial chemicals that are not appropriate for listing in the other Schedules
Schedule 2—Relevant industrial chemicals that are unlikely to cause harm to the environment
1 Scheduling decisions for relevant industrial chemicals that are unlikely to cause harm to the environment
Schedule 3—Relevant industrial chemicals that have the potential to cause harm to the environment
1 Scheduling decisions for relevant industrial chemicals that have the potential to cause harm to the environment
Schedule 4—Relevant industrial chemicals that may cause harm to the environment
1 Scheduling decisions for relevant industrial chemicals that may cause harm to the environment
Schedule 5—Relevant industrial chemicals that are likely to cause harm to the environment
1 Scheduling decisions for relevant industrial chemicals that are likely to cause harm to the environment
Schedule 6—Relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with essential uses
1 Scheduling decisions for relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with essential uses
Schedule 7—Relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with no essential uses
1 Scheduling decisions for relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with no essential uses
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
This instrument is the Industrial Chemicals Environmental Management (Register) Instrument 2022.
This instrument is made under subsection 22(1) of the Industrial Chemicals Environmental Management (Register) Act 2021.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) AACN;
(b) CAS number;
(c) generalised end use;
(d) relevant industrial chemical;
(e) scheduling decision.
In this instrument:
Act means the Industrial Chemicals Environmental Management (Register) Act 2021.
disposal has the same meaning as in the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
Note: Other grammatical forms of “disposal” (such as “disposed of”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
environmental release means any introduction of pollutants into the environment as a result of any human activity, whether deliberate or accidental, routine or non‑routine.
hazardous waste export permit means an export permit within the meaning of the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
hazardous waste import permit means an import permit within the meaning of the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
hazardous waste permit means a permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 or the Hazardous Waste (Regulation of Export and Imports) (OECD Decision) Regulations 1996.
IChEMS Minimum Standards means the IChEMS Minimum Standards agreed to by Commonwealth, State and Territory environmental regulators as published by the Department and as existing from time to time.
industrial use has the same meaning as in the Industrial Chemicals Act.
relevant agency includes:
(a) a department, agency or authority of the Commonwealth; and
(b) a State government body.
Schedule 6 risk characteristics has the same meaning as in the Industrial Chemicals Environmental Management (Register) Principles 2022.
Schedule 7 risk characteristics has the same meaning as in the Industrial Chemicals Environmental Management (Register) Principles 2022.
unintentional trace contamination means circumstances where a chemical is present unintentionally and unavoidably below the level specified in the entry for that chemical in this instrument at which the chemical cannot be meaningfully used.
waste has the same meaning as in the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
5 Register of scheduling decisions for relevant industrial chemicals
(1) This instrument establishes a register (the Register) of scheduling decisions for relevant industrial chemicals that have been made or varied by the Minister under Division 2 of Part 2 of the Act.
Note: The Register does not create prohibitions, restrictions or obligations that are enforceable in judicial or other proceedings (see subsection 22(4) of the Act).
(2) The Register has 7 Schedules as follows:
(a) Schedule 1—Relevant industrial chemicals that are not appropriate for listing in the other Schedules;
(b) Schedule 2—Relevant industrial chemicals that are unlikely to cause harm to the environment;
(c) Schedule 3—Relevant industrial chemicals that have the potential to cause harm to the environment;
(d) Schedule 4—Relevant industrial chemicals that may cause harm to the environment;
(e) Schedule 5—Relevant industrial chemicals that are likely to cause harm to the environment;
(f) Schedule 6—Relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with essential uses;
(g) Schedule 7—Relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with no essential uses.
(3) Each Schedule of the Register:
(a) sets out the scheduling decisions for the relevant industrial chemicals identified in the Schedule; and
(b) may also set out other information such as explanatory information relating to a scheduling decision for a relevant industrial chemical.
Note: A scheduling decision for a relevant industrial chemical includes, among other things, a decision to list a relevant industrial chemical in a particular Schedule or Schedules of the Register (see subsection 11(3) of the Act).
Schedule 1—Relevant industrial chemicals that are not appropriate for listing in the other Schedules
Note: See section 5.
(1) The following table sets out scheduling decisions for each relevant industrial chemical identified in column 1 of the table.
Note: A relevant industrial chemical may be identified in a single way or 2 or more ways, including, for example, by specifying the CAS number for the chemical. However, the AACN for the chemical must be used to identify the chemical in certain circumstances (see subsection 14(1) of the Act).
(2) Column 2 of the table specifies risk management measures for the following:
(a) each relevant industrial chemical identified in column 1 of the table;
(b) a product containing such a chemical.
(3) Column 3 of the table sets out any explanatory information relating to the scheduling decision for each relevant industrial chemical identified in column 1 of the table.
Scheduling decisions for relevant industrial chemicals | ||
Column 1 | Column 2 | Column 3 |
Relevant industrial chemical | Risk management measures | Explanatory information |
AACN: 2‑Propenoic acid, 2‑methyl‑, butyl ester, polymers with alkyl methacrylate, substituted‑methylethyl‑terminated hydrogenated polyalkene methacrylate, Me methacrylate and styrene | The IChEMS Minimum Standards must be complied with. |
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Schedule 2—Relevant industrial chemicals that are unlikely to cause harm to the environment
Note: See section 5.
(1) The following table sets out scheduling decisions for each relevant industrial chemical identified in column 1 of the table.
Note: A relevant industrial chemical may be identified in a single way or 2 or more ways including, for example, by specifying the CAS number for the chemical. However, the AACN for the chemical must be used to identify the chemical in certain circumstances (see subsection 14(1) of the Act).
(2) Column 2 of the table specifies the following for each relevant industrial chemical identified in column 1 of the table:
(a) if subsection 14(2) of the Act applies in relation to the chemical—one or more generalised end uses for the chemical;
(b) otherwise—one or more end uses for the chemical.
(3) Column 3 of the table specifies risk management measures for the following:
(a) each relevant industrial chemical identified in column 1 of the table;
(b) a product containing such a chemical.
(4) Column 4 of the table sets out any explanatory information relating to the scheduling decision for each relevant industrial chemical identified in column 1 of the table.
Scheduling decisions for relevant industrial chemicals | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Relevant industrial chemical | End uses or generalised end uses | Risk management measures | Explanatory information |
Chemical name: Siloxanes and Silicones, di‑Me, hydroxy‑terminated, polymers with 3‑(trimethoxysilyl)‑N‑[3‑(trimethoxysilyl)propyl]-1‑propanamine
CAS number: 189959‑16‑8 | Hair care products | The IChEMS Minimum Standards must be complied with. |
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Chemical name: 2‑Oxazolidinone, 3‑ethenyl‑5‑methyl‑
CAS number: 3395‑98‑0 | (a) printing inks; (b) 3D printing; (c) coatings for industrial use. | The IChEMS Minimum Standards must be complied with. |
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Schedule 3—Relevant industrial chemicals that have the potential to cause harm to the environment
Note: See section 5.
(1) The following table sets out scheduling decisions for each relevant industrial chemical identified in column 1 of the table.
Note: A relevant industrial chemical may be identified in a single way or 2 or more ways including, for example, by specifying the CAS number for the chemical. However, the AACN for the chemical must be used to identify the chemical in certain circumstances (see subsection 14(1) of the Act).
(2) Column 2 of the table specifies the following for each relevant industrial chemical identified in column 1 of the table:
(a) if subsection 14(2) of the Act applies in relation to the chemical—one or more generalised end uses for the chemical;
(b) otherwise—one or more end uses for the chemical.
(3) Column 3 of the table specifies risk management measures for the following:
(a) each relevant industrial chemical identified in column 1 of the table;
(b) a product containing such a chemical.
(4) Column 4 of the table sets out any explanatory information relating to the scheduling decision for each relevant industrial chemical identified in column 1 of the table.
Scheduling decisions for relevant industrial chemicals | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Relevant industrial chemical | End uses or generalised end uses | Risk management measures | Explanatory information |
Chemical name: 13‑Oxabicyclo[10.1.0]trideca‑4,8‑diene, (1R,4E,8Z,12R)‑rel‑
CAS number: 55722‑64‑0 | (a) cosmetic and household products; (b) air fresheners (sprays and aerosols); (c) electrical air fresheners; (d) candles; (e) fine fragrances. | The IChEMS Minimum Standards must be complied with. | A Predicted No‑Effect Concentration of 74 µg/L was derived in an Australian Industrial Chemicals Introduction Scheme assessment. This concentration is not a regulatory limit or standard. It can be used to inform risk assessment, monitoring and evaluation. |
Chemical name: 4‑Pentenal, 5‑cyclohexyl‑2,4‑dimethyl‑, (4E)‑
CAS number: 1449104‑34‑0 | (a) cosmetic and household products; (b) air fresheners (sprays and aerosols); (c) electrical air fresheners; (d) candles; (e) fine fragrances. | The IChEMS Minimum Standards must be complied with. | A Predicted No‑Effect Concentration of 8.11 µg/L was derived in an Australian Industrial Chemicals Introduction Scheme assessment. This concentration is not a regulatory limit or standard. It can be used to inform risk assessment, monitoring and evaluation. |
Schedule 4—Relevant industrial chemicals that may cause harm to the environment
Note: See section 5.
1 Scheduling decisions for relevant industrial chemicals that may cause harm to the environment
Note: This Schedule is intentionally blank.
Schedule 5—Relevant industrial chemicals that are likely to cause harm to the environment
Note: See section 5.
Note: This Schedule is intentionally blank.
Note: See section 5.
(1) The following table sets out scheduling decisions for each relevant industrial chemical identified in column 1 of the table.
Note: A relevant industrial chemical may be identified in a single way or 2 or more ways including, for example, by specifying the CAS number for the chemical. However, the AACN for the chemical must be used to identify the chemical in certain circumstances (see subsection 14(1) of the Act).
(2) Column 2 of the table specifies the following for each relevant industrial chemical identified in column 1 of the table:
(a) if subsection 14(2) of the Act applies in relation to the chemical—one or more generalised end uses for the chemical;
(b) otherwise—one or more end uses for the chemical.
(3) Column 3 of the table specifies:
(a) prohibitions or restrictions relating to the following:
(i) each relevant industrial chemical identified in column 1 of the table;
(ii) a product or article containing such a chemical; and
(b) risk management measures for the following:
(i) each relevant industrial chemical identified in column 1 of the table;
(ii) a product or article containing such a chemical.
(4) Column 4 of the table sets out any explanatory information relating to the scheduling decision for each relevant industrial chemical specified in column 1 of the table.
Scheduling decisions for relevant industrial chemicals | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Relevant industrial chemical | End uses or generalised end uses | Risk management measures, including prohibitions and restrictions | Explanatory information |
Class name: Decabromodiphenyl ether and nonabromodiphenyl ether (all three congeners) (decaBDE and nonaBDE) CAS numbers: 1163‑19‑5 (decaBDE), 63936‑56‑1 (nonaBDE – unspecified congener(s)), 63387‑28‑0 (2,2’,3,3’,4,4’,5,5’,6‑nonabromodiphenyl ether), 437701‑79‑6 (2,2’,3,3’,4,4’,5,6,6’‑nonabromodiphenyl ether), 437701‑78‑5 (2,2’,3,3’,4,5,5’,6,6’‑nonabromodiphenyl ether) |
| (a) This entry comes into effect on 1 July 2025. (b) The import, export and manufacture of the class of chemicals (whether on its own or in mixtures or in articles) are prohibited except: (i) for chemical substances ‑ in circumstances where the class of chemicals is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) sum of all nonaBDE congeners: equal to or below 10 mg/kg; and (B) decaBDE: equal to or below 10 mg/kg; or (ii) for electrical and electronic equipment other than that referred to in (b)(vi)(D) – in circumstances where polybrominated diphenyl ethers (PBDEs) are present in homogeneous materials contained within such electrical and electronic equipment at a level equal to or below 1000 mg/kg as the sum of all mono‑ to decaBDE congeners inclusive (to be reviewed by the department by 1 July 2027); or (iii) for articles other than those mentioned in subparagraph (b)(ii) – in circumstances where PBDEs are present in the article as unintentional trace contamination at a level equal to or below 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027); or (iv) for research or laboratory purposes; or (v) if a hazardous waste permit authorises the import or export of the class of chemicals or a mixture or article containing the class of chemicals; or (vi) for the purpose of the following essential end uses: (A) spare parts for aircraft that were manufactured prior to 1 January 2027 (until the end of the service life of the aircraft); or (B) aircraft (until 1 January 2027,); or (C) polyurethane foam for building insulation (until 1 January 2027); or (D) plastic housings and parts used for heating appliances, irons, fans, immersion heaters that contain or are in direct contact with electrical parts or are required to comply with fire retardancy standards, at concentrations lower than 10 per cent by weight of the part (until 1 January 2027); or (E) spare parts for motor vehicles that were manufactured prior to 2019 (until 1 January 2036); or (F) textile products (other than clothing and toys) that require anti‑flammable characteristics (until 1 January 2027). (c) The use of the class of chemicals (whether on its own or in mixtures or in articles) is prohibited except: (i) for chemical substances ‑ in circumstances where the class of chemicals is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) sum of all nonaBDE congeners: equal to or below 10 mg/kg; and (B) decaBDE: equal to or below 10 mg/kg; or (ii) for electrical and electronic equipment other than that referred to in (c)(vi)(D)– in circumstances where PBDEs are present in homogeneous materials contained within such electrical and electronic equipment at a level equal to or below 1000 mg/kg as the sum of all mono‑ to decaBDE congeners inclusive (to be reviewed by the department by 1 July 2027); or (iii) for articles other than those mentioned in subparagraph (c)(ii) ‑ in circumstances where PBDEs are present in the article as an unintentional trace contaminant at a level equal to or below 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027); or (iv) for research or laboratory purposes; or (v) in circumstances in which the article is already in use on or before 1 July 2025; or (vi) for the purpose of the following essential end uses: (A) spare parts for aircraft that were manufactured prior to 1 January 2027 (until the end of the service life of the aircraft); or (B) aircraft (until 1 January 2027); or (C) polyurethane foam for building insulation (until 1 January 2027); or (D) plastic housings and parts used for heating appliances, irons, fans, immersion heaters that contain or are in direct contact with electrical parts or are required to comply with fire retardancy standards, at concentrations lower than 10 per cent by weight of the part (until 1 January 2027); or (E) spare parts for motor vehicles that were manufactured prior to 2019 (until 1 January 2036); or (F) textile products (other than clothing and toys) that require anti‑flammable characteristics (until 1 January 2027). (d) The import, export and manufacture of the class of chemicals (whether on its own or in mixtures or articles) must adhere to applicable laws of the Commonwealth on the control of industrial chemicals. (e) The use of the class of chemicals (whether on its own or in mixtures or articles) must adhere to applicable laws of the Commonwealth or of the relevant State on the control of industrial chemicals. (f) Introducers (importers and manufacturers) must determine and provide information on the concentration by weight of the class of chemicals, whether on its own, in a mixture, or in an article to the supply chain. (g) Introducers (importers and manufacturers) and users must keep the following information up‑to‑date and must produce this information if requested by a relevant agency: (i) information on the identity of the substances, the concentration by weight, and the products and articles they are used in; and (ii) a justification for the use; and (iii) details on the conditions of use and safe disposal. (h) Introducers (importers and manufacturers) must make the identity and quantity of the class of chemicals placed on the Australian market publicly available and accessible. This information must be updated every year. (i) Programmes and mechanisms, as considered appropriate by a relevant agency, must be established and maintained by manufacturers and users for the regular provision of monitoring data on the presence of the class of chemicals in the environment using the latest methods, techniques and equipment. (j) Users, manufacturers and importers should participate in relevant codes of practice or product stewardship programs and hold documentation demonstrating participation which should be produced if requested by a relevant agency. (k) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of waste not already containing nonaBDE and decaBDE with these substances and must not dilute nonaBDE and decaBDE waste to lower the concentration below relevant waste handling and disposal thresholds. (l) Waste consisting of, containing or contaminated with, PBDEs at a concentration that is equal to, or greater than, 500 mg/kg for the sum of tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027) must be either: (i) treated in such a way as to ensure that the class of chemicals is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (m) Waste consisting of, containing or contaminated with PBDEs at a concentration that is less than, 500 mg/kg for the sum of tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027) must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (n) Disposal must not lead to recovery, recycling, reclamation or re‑use of the class of chemicals, subject to paragraph (o). (o) In carrying out disposal, the class of chemicals may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (l) and (m). (p) If an activity in relation to the class of chemicals, or an article containing the class of chemicals, is not permitted under paragraph (b) or (c), a holder of a stockpile of the class of chemicals must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (l) and (m); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (q) The IChEMS Minimum Standards must be complied with. |
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(1) The following table sets out scheduling decisions for each relevant industrial chemical identified in column 1 of the table.
Note: A relevant industrial chemical may be identified in a single way or 2 or more ways including, for example, by specifying the CAS number for the chemical. However, the AACN for the chemical must be used to identify the chemical in certain circumstances (see subsection 14(1) of the Act).
(2) Column 2 of the table specifies the following for each relevant industrial chemical identified in column 1 of the table:
(a) if subsection 14(2) of the Act applies in relation to the chemical—one or more generalised end uses for the chemical;
(b) otherwise—one or more end uses for the chemical.
(3) Column 3 of the table specifies:
(a) prohibitions or restrictions relating to the following:
(i) each relevant industrial chemical identified in column 1 of the table;
(ii) a product or article containing such a chemical; and
(b) risk management measures for the following:
(i) each relevant industrial chemical identified in column 1 of the table;
(ii) a product or article containing such a chemical.
(4) Column 4 of the table sets out any explanatory information relating to the scheduling decision for each relevant industrial chemical specified in column 1 of the table.
Scheduling decisions for relevant industrial chemicals | |||
Column 1 | Column 2 | Column 3 | Column 4 |
Relevant industrial chemical | End uses or generalised end uses | Risk management measures, including prohibitions and restrictions | Explanatory information |
Chemical name: 1,3‑Butadiene, 1,1,2,3,4,4‑hexachloro‑
CAS number: 87‑68‑3 |
| (a) This entry comes into effect on 1 July 2023. (b) The importation and manufacture of, and end uses for, the chemical (whether on its own or in mixtures) are prohibited except: (i) in circumstances where the chemical is present unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste import permit authorises the importation of the chemical. (c) The importation, manufacture and use of an article containing the chemical are prohibited except: (i) in circumstances where the chemical is present in the article unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste import permit authorises the importation of the article; or (iv) in circumstances in which the article is already in use on or before 1 July 2023. (d) The exportation of the chemical (whether on its own or in mixtures), or an article containing the chemical, is prohibited except: (i) for the chemical—in circumstances where the chemical is present unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (ii) for the article—in circumstances where the chemical is present in the article unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (iii) if a hazardous waste export permit authorises the exportation of the chemical or the article. (e) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of the waste with the chemical. (f) Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 100 mg/kg must be disposed of, as soon as reasonably practicable, either: (i) in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that have Schedule 6 risk characteristics or Schedule 7 risk characteristics; or (ii) as authorised under a law of the Commonwealth or a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (g) Waste consisting of, containing or contaminated by the chemical at a concentration of less than 100 mg/kg must be disposed of, as soon as reasonably practicable, in an environmentally sound manner as authorised under a law of the Commonwealth or a State. (h) Disposal must not lead to recovery, recycling, reclamation or re‑use of the chemical on its own, subject to paragraph (i). (i) In carrying out disposal, the chemical may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (f) and (g). (j) If an activity in relation to the chemical, or an article containing the chemical, is not permitted under paragraph (b), (c) or (d), a holder of a stockpile of the chemical must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (f) and (g); and (iii) comply with laws relating to the chemical that apply in the relevant jurisdiction. (k) The IChEMS Minimum Standards must be complied with. |
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Chemical name: Benzene, 1,2,3,4,5‑pentachloro‑ CAS number: 608‑93‑5 |
| (a) This entry comes into effect on 1 July 2024. (b) The import, export, and manufacture of the chemical (whether on its own or in mixtures or in articles) are prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at a level at which the chemical cannot be meaningfully used; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste permit authorises the import or export of the chemical or an article containing the chemical. (c) The use of the chemical (whether on its own or in mixtures on in articles) is prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at a level at which the chemical cannot be meaningfully used; or (ii) for the article ‑ in circumstances in which the article is already in use on or before 1 July 2024. (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of non‑PeCB waste with this chemical and must not dilute PeCB waste to lower the PeCB concentration below relevant waste handling and disposal thresholds. (e) Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 50 mg/kg must be either: (i) treated in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or (ii) stored or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (f) Waste containing or contaminated by the chemical at a concentration of less than 50 mg/kg must be managed or disposed of, as soon as reasonably practicable, in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (g) Disposal must not lead to recovery, recycling, reclamation, or re‑use of the chemical, subject to paragraph (h). (h) In carrying out disposal, the chemical may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (e) and (f). (i) If an activity in relation to the chemical, or an article containing the chemical, is not permitted under paragraph (b) or (c), a holder of a stockpile of the chemical must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (j) The IChEMS Minimum Standards must be complied with. |
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Class name: Hexabromobiphenyl, being chemical compounds based on the biphenyl structural element, where 6 hydrogen atoms have been replaced by bromine atoms. |
| (a) This entry comes into effect on 1 July 2023. (b) The importation and manufacture of, and end uses for, the chemical (whether on its own or in mixtures) are prohibited except: (i) in circumstances where the chemical is present unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste import permit authorises the importation of the chemical. (c) The importation, manufacture and use of an article containing the chemical are prohibited except: (i) in circumstances where the chemical is present in the article unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste import permit authorises the importation of the article; or (iv) in circumstances in which the article is already in use on or before 1 July 2023. (d) The exportation of the chemical (whether on its own or in mixtures), or an article containing the chemical, is prohibited except: (i) for the chemical—in circumstances where the chemical is present unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (ii) for the article—in circumstances where the chemical is present in the article unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (iii) if a hazardous waste export permit authorises the exportation of the chemical or the article. (e) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of the waste with the chemical. (f) Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 50 mg/kg must be disposed of, as soon as reasonably practicable, either: (i) in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that have Schedule 6 risk characteristics or Schedule 7 risk characteristics; or (ii) as authorised under a law of the Commonwealth or a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (g) Waste consisting of, containing or contaminated by the chemical at a concentration of less than 50 mg/kg must be disposed of, as soon as reasonably practicable, in an environmentally sound manner as authorised under a law of the Commonwealth or a State. (h) Disposal must not lead to recovery, recycling, reclamation or re use of the chemical on its own, subject to paragraph (i). (i) In carrying out disposal, the chemical may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (f) and (g). (j) If an activity in relation to the chemical, or an article containing the chemical, is not permitted under paragraph (b), (c) or (d), a holder of a stockpile of the chemical must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (f) and (g); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (k) The IChEMS Minimum Standards must be complied with. |
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Chemical name: Hexabromocyclododecane, meaning 1,2,5,6,9,10‑hexabromocyclododecane and including its main diastereoisomers: alpha‑ hexabromocyclododecane; beta‑ hexabromocyclododecane; and gamma‑hexabromocyclododecane CAS numbers: 25637‑99‑4, 3194‑55‑6, 134237‑50‑6, 134237‑51‑7 and 134237‑52‑8 |
| (a) This entry comes into effect on 1 July 2024. (b) The import, export and manufacture of the chemical (whether on its own or in mixtures or in articles) are prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 100 mg/kg (to be reviewed by the department by 1 July 2027); or (ii) for research or laboratory purposes; or (iii) if a hazardous waste permit authorises the import or export of the chemical. (c) The use of the chemical (whether on its own or in mixtures or in articles) is prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 100 mg/kg (to be reviewed by the department by 1 July 2027); or (ii) for research or laboratory purposes; or (iii) for articles – in circumstances in which the article is already in use on or before 1 July 2024. (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of waste not already containing HBCDD with this chemical and must not dilute HBCDD waste to lower the HBCDD concentration below relevant waste handling and disposal thresholds. (e) Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 500 mg/kg (this level to be reviewed by the department on or before 1 July 2027) must be either: (i) treated in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (f) Waste consisting of, containing or contaminated by the chemical at a concentration of less than 500 mg/kg must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (g) Disposal of waste must not lead to recovery, recycling, reclamation or re‑use of the chemical, subject to paragraph (h). (i) If an activity in relation to the chemical, or an article containing the chemical, is not permitted under paragraph (b) or (c), a holder of a stockpile of the chemical must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (j) The IChEMS Minimum Standards must be complied with. |
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Class name: Octabromodiphenyl ether, heptabromodiphenyl and hexabromodiphenyl ether (octaBDE, heptaBDE and hexaBDE ‑ all 12, 24 and 42 congeners respectively) CAS numbers: 32536‑52‑0, 68928‑80‑3 and 36483‑60‑0 for the octa‑, hepta‑ and hexabromobiphenyl ether homologues respectively. |
| (a) This entry comes into effect on 1 July 2024. (b) The import, export and manufacture of the class of chemicals (whether on its own or in mixtures or in articles) are prohibited except: (i) for chemical substances – in circumstances where the class of chemicals is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) sum of all hexaBDE congeners: equal to or below 10 mg/kg; and (B) sum of all heptaBDE congeners: equal to or below 10 mg/kg; and (C) sum of all octaBDE congeners: equal to or below 10 mg/kg; or (ii) for electrical and electronic equipment – in circumstances where polybrominated diphenyl ethers (PBDEs) are present in homogeneous materials contained within such electrical and electronic equipment at a level equal to or below 1000 mg/kg as the sum of all mono‑ to decaBDE congeners inclusive (to be reviewed by the department by 1 July 2027); or (iii) for articles other than those mentioned in subparagraph (b)(ii) ‑ in circumstances where PBDEs are present in the article as an unintentional trace contaminant at a level equal to or below 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027); or (iv) for research or laboratory purposes; or (v) if a hazardous waste permit authorises the import or export of the class of chemicals. (c) The use of the class of chemicals (whether on its own or in mixtures or in articles) is prohibited except: (i) for chemical substances – in circumstances where the class of chemicals is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) sum of all hexaBDE congeners: equal to or below 10 mg/kg; and (B) sum of all heptaBDE congeners: equal to or below 10 mg/kg; and (C) sum of all octaBDE congeners: equal to or below 10 mg/kg; or (ii) for electrical and electronic equipment – in circumstances where PBDEs are present in homogeneous materials contained within such electrical and electronic equipment at a level equal to or below 1000 mg/kg as the sum of all mono‑ to decaBDE congeners inclusive (to be reviewed by the department by 1 July 2027); or (iii) for articles other than those mentioned in subparagraph (c)(ii) – in circumstances where PBDEs are present in the article as an unintentional trace contaminant at a level equal to or below 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027); or (iv) for research or laboratory purposes; or (v) for articles – in circumstances in which the article is already in use on or before 1 July 2024. (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of waste not already containing hexaBDE, heptaBDE and octaBDE with these substances and must not dilute hexaBDE, heptaBDE and octaBDE waste to lower the concentrations below relevant waste handling and disposal thresholds. (e) Waste consisting of, containing or contaminated with PBDEs at a concentration that is equal to, or greater than, 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE (to be reviewed by the department by 1 July 2027) must be either: (i) treated in such a way as to ensure that the class of chemicals is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics; or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (f) Waste consisting of, containing or contaminated with PBDEs the at a concentration of less than 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027) must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (g) Disposal of waste must not lead to recovery, recycling, reclamation or re‑use of the class of chemicals, subject to paragraph (h). (h) In carrying out disposal, the class of chemicals may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (e) and (f). (i) If an activity in relation to the class of chemicals, or an article containing the class of chemicals, is not permitted under paragraph (b) or (c), a holder of a stockpile of the class of chemicals must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (j) The IChEMS Minimum Standards must be complied with. |
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Class name: Pentabromodiphenyl ether and tetrabromodiphenyl ether (pentaBDE and tetraBDE) CAS numbers: 40088‑47‑9 (tetrabromodiphenyl ether – unspecified congeners), 32534‑81‑9 (pentabromodiphenyl ether – unspecified congeners). All 46 pentabrominated congeners and all 42 tetrabrominated congeners are included in the definition. |
| (a) This entry comes into effect on 1 July 2024. (b) The import, export and manufacture of the class of chemicals (whether on its own or in mixtures or in articles) are prohibited except: (i) for chemical substances ‑ in circumstances where the class of chemicals is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) sum of all tetraBDE congeners: equal to or below 10 mg/kg; and (B) sum of all pentaBDE congeners: equal to or below 10 mg/kg; or (ii) for electrical and electronic equipment – in circumstances where polybrominated diphenyl ethers (PBDEs) are present in homogeneous materials contained within such electrical and electronic equipment at a level equal to or below 1000 mg/kg as the sum of all mono‑ to decaBDE congeners inclusive (to be reviewed by the department by 1 July 2027); or (iii) for articles other than those mentioned in subparagraph (b)(ii) ‑ in circumstances where PBDEs are present in the article as an unintentional trace contaminant at a level equal to or below 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027); or (iv) for research or laboratory purposes; or (v) if a hazardous waste permit authorises the import or export of the class of chemicals. (c) The use of the class of chemicals (whether on its own or in mixtures or in articles) is prohibited except: (i) for chemical substances – in circumstances where the class of chemicals is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) sum of all tetraBDE congeners: equal to or below 10 mg/kg; and (B) sum of all pentaBDE congeners: equal to or below 10 mg/kg; or (ii) for electrical and electronic equipment – in circumstances where PBDEs are present in homogeneous materials contained within such electrical and electronic equipment at a level equal to or below 1000 mg/kg as the sum of all mono‑ to decaBDE congeners inclusive (to be reviewed by the department by 1 July 2027); or (iii) for articles other than those mentioned in subparagraph (c)(ii) – in circumstances where PBDEs are present in the article as an unintentional trace contaminant at a level equal to or below 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027); or (iv) for research or laboratory purposes; or (v) for articles – in circumstances in which the article is already in use on or before 1 July 2024. (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of waste not already containing tetraBDE and pentaBDE with these substances and must not dilute tetraBDE and pentaBDE waste to lower the concentrations below relevant waste handling and disposal thresholds. (e) Waste consisting of, containing or contaminated with PBDEs at a concentration that is equal to, or greater than, 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027) must be either: (i) treated in such a way as to ensure that the class of chemicals is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (f) Waste consisting of, containing or contaminated with PBDEs at a concentration of less than 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE congeners (to be reviewed by the department by 1 July 2027) must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (g) Disposal must not lead to recovery, recycling, reclamation or re‑use of the class of chemicals, subject to paragraph (h). (h) In carrying out disposal, the class of chemicals may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (e) and (f). (i) If an activity in relation to the class of chemicals, or an article containing the class of chemicals, is not permitted under paragraph (b) or (c), a holder of a stockpile of the class of chemicals must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (j) The IChEMS Minimum Standards must be complied with. |
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Class name: Perfluorohexanesulfonic acid (PFHxS), including its linear and branched isomers, their salts and any substance containing a linear or branched perfluorohexylsulfonyl moiety that can degrade to PFHxS. |
| (a) This entry comes into effect on 1 July 2025. (b) The import, export and manufacture of the chemical (whether on its own or in mixtures or in articles) are prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) a level equal to or below 0.025 mg/kg for PFHxS and its salts; or (B) a level equal to or below 1 mg/kg for individual PFHxS‑related compounds or a combination of those compounds; or (C) a level equal to or below 0.1 mg/kg for PFHxS and its salts present in fire‑fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) already installed in systems, including both mobile and fixed systems); or (ii) for research or laboratory purposes; or (iii) if a hazardous waste permit authorises the import or export of the chemical. (c) The use of the chemical (whether on its own or in mixtures or in articles) is prohibited except: (i) in circumstances where the chemical is present in the article as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) a level equal to or below 0.025 mg/kg for PFHxS and its salts; or (B) a level equal to or below 1 mg/kg for individual PFHxS‑related compounds or a combination of those compounds; or (C) a level equal to or below 0.1 mg/kg for PFHxS and its salts present in fire‑fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) already installed in systems, including both mobile and fixed systems); (ii) for research or laboratory purposes; or (iii) in circumstances in which the article is already in use on or before 1 July 2025. (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of non‑PFHxS waste with this chemical and must not dilute PFHxS waste to lower the PFHxS concentration below relevant waste handling and disposal thresholds. (e) Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 1 mg/kg for PFHxS and its salts or 40 mg/kg for the sum of PFHxS‑related compounds must be either: (i) treated in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (f) Waste containing or contaminated by the chemical at a concentration of less than 1 mg/kg for PFHxS and its salts or 40 mg/kg for the sum of PFHxS‑related compounds must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (g) Disposal of waste must not lead to recovery, recycling, reclamation or re‑use of the chemical, subject to paragraph (h). (h) In carrying out disposal, the chemical may be isolated from the waste, provided that the chemical is subsequently disposed of in accordance with paragraphs (e) and (f). (i) If an activity in relation to the chemical, or an article containing the chemical, is not permitted under paragraph (b) or (c), a holder of a stockpile of the chemical must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (j) The IChEMS Minimum Standards must be complied with. |
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Class name: Perfluorooctanesulfonic acid (PFOS), including any of its branched isomers, its salts, perfluorooctanesulfonyl fluoride, and any substance containing a linear or branched perfluorooctanesulfonyl moiety and capable of degrading to PFOS (linear or branched). |
| (a) This entry comes into effect on 1 July 2025. (b) The import, export and manufacture of the chemical (whether on its own or in mixtures or in articles) are prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) a level equal to or below 0.025 mg/kg for PFOS and its salts; or (B) a level equal to or below 1 mg/kg for any individual PFOS‑related compound or a combination of PFOS‑related compounds; or (C) a level equal to or below 0.8 mg/kg for PFOS and its salts present in fire‑fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) already installed in systems, including both mobile and fixed systems); or (ii) for research or laboratory purposes; or (iii) if a hazardous waste permit authorises the import or export of the chemical. (c) The use of the chemical (whether on its own or in mixtures or in articles) is prohibited except: (i) in circumstances where the chemical is present in the article as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) a level equal to or below 0.025 mg/kg for PFOS and its salts; or (B) a level equal to or below 1 mg/kg for any individual PFOS‑related compound or a combination of PFOS‑related compounds; or (C) a level equal to or below 0.8 mg/kg for PFOS and its salts present in fire‑fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) already installed in systems, including both mobile and fixed systems); or (ii) for research or laboratory purposes; or (iii) for an article, in circumstances in which the article is already in use on or before 1 July 2025. (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of non‑PFOS waste with this chemical and must not dilute PFOS waste to lower the PFOS concentration below relevant waste handling and disposal thresholds. (e) Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 1 mg/kg for PFOS and its salts or 40 mg/kg for the sum of PFOS‑related compounds must be either: (i) treated in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (f) Waste containing or contaminated by the chemical at a concentration of less than 1 mg/kg for PFOS and its salts or 40 mg/kg for the sum of PFOS‑related compounds must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (g) Disposal of waste must not lead to recovery, recycling, reclamation or re‑use of the chemical, subject to paragraph (h). (h) In carrying out disposal, the chemical may be isolated from the waste, provided that the chemical is subsequently disposed of in accordance with paragraphs (e) and (f). (i) If an activity in relation to the chemical, or an article containing the chemical, is not permitted under paragraph (b) or (c), a holder of a stockpile of the chemical must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (j) The IChEMS Minimum Standards must be complied with. |
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Class name: Perfluorooctanoic acid (PFOA), including any of its branched isomers, its salts and any related compound that contains a linear or branched perfluoroheptyl (C7H15C) group and which can degrade to linear or branched PFOA. Notwithstanding the above, the following are not PFOA‑related compounds: (a) C8F17‑X, where X = F, Cl, Br; (b) fluoropolymers that are covered by CF3 [CF2]n‑R’, where R’=any group, n >16; (c) perfluoroalkyl carboxylic acids and their derivatives with ≥ 8 perfluorinated carbons; (d) perfluoroalkane sulfonic acids and perfluoro phosphonic acids and their derivatives with ≥ 9 perfluorinated carbons; (e) perfluorooctane sulfonic acid and its derivatives (PFOS), as listed in this register. |
| (a) This entry comes into effect on 1 July 2025. (b) The import, export and manufacture of the chemical (whether on its own or in mixtures or in articles) are prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) a level equal to or below 0.025 mg/kg for PFOA and its salts; or (B) a level equal to or below 1 mg/kg for any individual PFOA‑related compound or a combination of PFOA‑related compounds; or (C) a level equal to or below 0.8 mg/kg for PFOA and its salts present in fire‑fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) when already installed in systems, including both mobile and fixed systems; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste permit authorises the import or export of the chemical. (c) The use of the chemical (whether on its own or in mixtures or in articles), is prohibited except: (i) in circumstances where the chemical is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027): (A) a level equal to or below 0.025 mg/kg for PFOA and its salts; or (B) a level equal to or below 1 mg/kg for any individual PFOA‑related compound or a combination of PFOA‑related compounds; or (C) a level equal to or below 0.8 mg/kg for PFOA and its salts present in fire‑fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) when already installed in systems, including both mobile and fixed systems; or (ii) for research or laboratory purposes; or (iii) in circumstances in which the article is already in use on or before 1 July 2025. (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of non‑PFOA waste with this chemical and must not dilute PFOA waste to lower the PFOA concentration below relevant waste handling and disposal thresholds. (e) Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 1 mg/kg for PFOA and its salts or 40 mg/kg for the sum of PFOA–related compounds must be either: (i) treated in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or (ii) stored or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (f) Waste containing or contaminated by the chemical at a concentration of less than 1 mg/kg for PFOA and its salts or 40 mg/kg for the sum of PFOA‑related compounds must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (g) Disposal of waste must not lead to recovery, recycling, reclamation or re‑use of the chemical, subject to paragraph (h). (h) In carrying out disposal, the chemical may be isolated from the waste, provided that the chemical is subsequently disposed of in accordance with paragraphs (e) and (f). (i) If an activity in relation to the chemical, or an article containing the chemical, is not permitted under paragraph (b) or (c), a holder of a stockpile of the chemical must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (j) The IChEMS Minimum Standards must be complied with. |
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Class name: Polychlorinated naphthalenes, including dichlorinated naphthalenes, trichlorinated naphthalenes, tetrachlorinated naphthalenes, pentachlorinated naphthalenes, hexachlorinated naphthalenes, heptachlorinated naphthalenes, octachlorinated naphthalene and any combination of those chemicals. |
| (a) This entry comes into effect on 1 July 2023. (b) The importation and manufacture of, and end uses for, the chemical (whether on its own or in mixtures) are prohibited except: (i) in circumstances where the chemical is present unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste import permit authorises the importation of the chemical. (c) The importation, manufacture and use of an article containing the chemical are prohibited except: (i) in circumstances where the chemical is present in the article unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (ii) for research or laboratory purposes; or (iii) if a hazardous waste import permit authorises the importation of the article; or (iv) in circumstances in which the article is already in use on or before 1 July 2023. (d) The exportation of the chemical (whether on its own or in mixtures), or an article containing the chemical, is prohibited except: (i) for the chemical—in circumstances where the chemical is present unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (ii) for the article—in circumstances where the chemical is present in the article unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or (iii) if a hazardous waste export permit authorises the exportation of the chemical or the article. (e) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of the waste with the chemical. (f) Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 10 mg/kg must be disposed of, as soon as reasonably practicable, either: (i) in such a way as to ensure that the chemical is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that have Schedule 6 risk characteristics or Schedule 7 risk characteristics; or (ii) as authorised under a law of the Commonwealth or a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (g) Waste consisting of, containing or contaminated by the chemical at a concentration of less than 10 mg/kg must be disposed of, as soon as reasonably practicable, in an environmentally sound manner as authorised under a law of the Commonwealth or a State. (h) Disposal must not lead to recovery, recycling, reclamation or re‑use of the chemical on its own, subject to paragraph (i). (i) In carrying out disposal, the chemical may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (f) and (g). (j) If an activity in relation to the chemical, or an article containing the chemical, is not permitted under paragraph (b), (c) or (d), a holder of a stockpile of the chemical must: (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (f) and (g); and (iii) comply with laws relating to the chemical that apply in the relevant jurisdiction. (k) The IChEMS Minimum Standards must be complied with. |
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Class name: Short chain chlorinated paraffins (alkanes, C10‑13, chloro), which are straight chain chlorinated alkanes with chain lengths ranges from C10 to C13 and a chlorine content of greater than 48% by weight. CAS numbers: 85535‑84‑8. In addition, the chemical substances with the following CAS numbers will contain a proportion of short chain chlorinated paraffins: 68920‑70‑7, 71011‑12‑6, 85536‑22‑7, 85681‑73‑8, 108171‑26‑2 |
| (a) This entry comes into effect on 1 July 2024. (b) The import, export and manufacture of the class of chemicals (whether on its own or in mixtures or in articles) are prohibited except: (i) for chemical substances ‑ in circumstances where the class of chemicals is present as unintentional trace contamination at a level of 1% w/w (10000 ppm/10 g/kg) or below (to be reviewed by the department by 1 July 2027) (ii) for articles ‑ in circumstances where the class of chemicals present in the article as unintentional trace contamination at a level equal to or below 0.15% w/w (1500 ppm/1500 mg/kg) or below (to be reviewed by the department by 1 July 2027); or (iii) for research or laboratory purposes; or (iv) if a hazardous waste permit authorises the import or export of the class of chemicals. (c) The use of the class of chemicals (whether on its own or in mixtures or in articles) is prohibited except: (i) for chemical substances – in circumstances where the class of chemicals is present as unintentional trace contamination at a level of 1% w/w (10000 ppm/10 g/kg) or below (to be reviewed by the department by 1 July 2027) (ii) for articles – in circumstances where the class of chemicals present in the article as unintentional trace contamination at a level equal to or below 0.15% w/w (1500 ppm/1500 mg/kg) or below (to be reviewed by the department by 1 July 2027); or (iii) for research or laboratory purposes; or (iv) for articles – in circumstances in which the article is already in use on or before 1 July 2024. (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of waste not already containing SCCPs with SCCPs and must not dilute SCCPs waste to lower the concentrations below relevant waste handling and disposal thresholds. (e) Waste consisting of, containing, or contaminated with SCCPs at a concentration that is equal to, or greater than, 0.15% w/w (1500 ppm/1500 mg/kg) (to be reviewed by the department by 1 July 2027) must be either: (i) treated in such a way as to ensure that the class of chemicals is destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or (ii) managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option. (f) Waste consisting of, containing or contaminated with SCCPs at a concentration of less than 0.15% w/w (1500 ppm/1500 mg/kg) (to be reviewed by the department by 1 July 2027) must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State. (g) Disposal of waste must not lead to recovery, recycling, reclamation, or re‑use of the class of chemicals, subject to paragraph (h). (h) In carrying out disposal, the class of chemicals may be isolated from the waste, if it is subsequently disposed of in accordance with paragraphs (e) and (f). (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (j) The IChEMS Minimum Standards must be complied with. |
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The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Name | Registration | Commencement | Application, saving and transitional provisions |
Industrial Chemicals Environmental Management (Register) Instrument 2022 | 15 Dec 2022 (F2022L01658) | 16 Dec 2022 (s 2(1) item 1) |
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Industrial Chemicals Environmental Management (Register) Amendment (2023 Measures No. 1) Instrument 2023 | 18 Dec 2023 (F2023L01689) | 19 Dec 2023 (s 2(1) item 1) | — |
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 4..................... | am F2023L01689 |
Schedule 6 |
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Schedule 6................ | rs F2023L01689 |
Schedule 7 |
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Schedule 7................ | am F2023L01689 |
| ed C1 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Schedule 7 (table)
Kind of editorial change
Correct a typographical error
Details of editorial change
Schedule 1 item 3 of the Industrial Chemicals Environmental Management (Register) Amendment (2023 Measures No. 1) Instrument 2023 instructs to repeal and substitute the table in Schedule 7.
The newly substituted table in Schedule 7 includes an entry for “Perfluorohexanesulfonic acid (PFHxS), including its linear and branched isomers, their salts and any substance containing a linear or branched perfluorohexylsulfonyl moiety that can degrade to PFHxS” that contains a paragraph (j) which is missing the closing parenthesis.
This compilation was editorially changed to insert a closing parenthesis after “(j” in the entry for “Perfluorohexanesulfonic acid (PFHxS), including its linear and branched isomers, their salts and any substance containing a linear or branched perfluorohexylsulfonyl moiety that can degrade to PFHxS” in the table in Schedule 7 to correct the typographical error.