Commonwealth Coat of Arms of Australia

 

Industrial Chemicals Environmental Management (Register) Amendment (2025 Measures No. 1) Instrument 2025

I, Rachel Burgess, as delegate of the Minister for the Environment and Water, make the following instrument.

Dated 20 June 2025  

Rachel Burgess

Branch Head
Chemicals and Atmosphere Branch
Department of Climate Change, Energy, the Environment and Water

1  Name..................................................1

2  Commencement...........................................1

3  Authority...............................................1

4  Schedules...............................................1

Schedule 1—Amendments 2

Industrial Chemicals Environmental Management (Register) Instrument 2022 2

 

  This instrument is the Industrial Chemicals Environmental Management (Register) Amendment (2025 Measures No. 1) Instrument 2025.

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

  This instrument is made under subsection 22(1) of the Industrial Chemicals Environmental Management (Register) Act 2021.

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

 

1  Schedule 2 (before table item dealing with Chemical name: Boric acid and precursors CAS numbers: 10043353, 11113501, 13460510, 12008412, 1303964)

Insert:

Chemical class name: Aryl sulfonate hydrotropes

CAS numbers: 98113, 515424, 934543, 104154, 657841, 6192525, 16106448, 26447096, 30526228, 1300727, 25321419, 26447109, 30346737, 16066356, 28348530, 28631632, 32073226, 37953052, 91247, 98691, 138294, 15497968, 30995654, 61168614, 61168625

(a) paint and coating products;

(b) personal care products;

(c) plastic and polymer products;

(d) automotive care products;

(e) cleaning and furniture care products;

(f) laundry and dishwashing products;

(g) fabric, textile and leather products.

(a) This entry comes into effect 1 January 2026.

(b) The chemical (whether on its own or in mixtures) must be managed according to the IChEMS Minimum Standards.

 

 

2  Schedule 4

Repeal the Schedule, substitute:

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: Ethane, 1,2-dichloro-

CAS number: 107-06-2

  1.      solvent;
  2.     manufacture of other chemicals and products.
  1.     This entry comes into effect 1 January 2026.
  1.     (b) The chemical (whether on its own or in mixtures) must be managed according to the IChEMS Minimum Standards.

 

 

3 Schedule 5

Repeal the Schedule, substitute:

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: Ethane, 1,2-dibromo-

CAS number: 106-93-4

  1.      fuel additive in leaded Aviation Gasoline (Avgas);
  2.     solvent;
  3.      manufacture of other chemicals and products.
  1.     This entry comes into effect 1 January 2026.
  2.     The chemical (whether on its own or in mixtures) must be managed according to the IChEMS Minimum Standards.

 

Chemical name: Manganese, tricarbonyl[(1,2,3,4,5-.eta.)-1-methyl-2,4-cyclopentadien-1-yl]- (MMT)

CAS number: 12108-13-3

Fuel additive (anti-valve seat recession and octane booster).

  1.     This entry comes into effect on 1 January 2026.
  2.     The chemical (whether on its own or in mixtures) must be managed according to the IChEMS Minimum Standards.

 

 

4 Schedule 6 (before table item dealing with Chemical name: Decabromodiphenyl ether and nonabromodiphenyl ether (all three congeners) (decaBDE and nonaBDE) CAS numbers: 1163195 (decaBDE), 63936561 (nonaBDE – unspecified congener(s)), 63387280 (2,2’,3,3’,4,4’,5,5’,6nonabromodiphenyl ether), 437701796 (2,2’,3,3’,4,4’,5,6,6’nonabromodiphenyl ether), 437701785 (2,2’,3,3’,4,5,5’,6,6’nonabromodiphenyl ether)

Insert:

Chemical name: Benzene, 1,1'-(1,2-ethanediyl)bis[2,3,4,5,6-pentabromo- (Decabromodiphenyl ethane, DBDPE)

CAS number: 84852-53-9. In addition, chemical substances which contain a proportion of DBDPE such as the following CAS number: 1092834-40-6

 

  1.     This entry comes into effect on 1 January 2027.
  2.     The chemical has the following essential uses in Australia:

(i) finished articles that are required to comply with fire retardancy standards, and where no viable alternative is available:

(A) aerospace applications (until 1 July 2037); or

(B) automotive, marine, rail and other transport applications (until 1 July 2037); or

(C) defence applications (to be reviewed by the department after 1 July 2033); or

(D) electrical and electronic equipment (until 1 July 2037); or

(E) building and construction materials (until 1 July 2037); or

(F) agricultural, construction, manufacturing and mining equipment and machinery (until 1 July 2037); or

(G) garden, forestry and outdoor power equipment (until 1 July 2037); or

(H) industrial machinery, non-road mobile machinery and stationary power equipment (until 1 July 2037); or

(I) replacement parts, for the above applications (until the end of the service life of the articles or 1 July 2052).

  1.     The manufacture of this chemical is prohibited except:
  1.    in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 10 mg/kg; or
  2. for research or laboratory purposes.

(d) The import and export of the chemical (whether on its own or in mixtures or in articles) is prohibited except:

(i) for chemical substances or mixtures - in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 10 mg/kg; or

(ii) for articles - in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 500 mg/kg; or

(iii) for research or laboratory purposes; or

(iv) if a hazardous waste permit authorises the import or export of the chemical; or

(v) for the purpose of an essential use.

(e) The use of the chemical (whether on its own or in mixtures or in articles) is prohibited except:

(i) for chemical substances or mixtures - in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 10 mg/kg; or

(ii) for articles - in circumstances where the chemical is present as unintentional trace contamination at a level equal to or below 500 mg/kg; or

(iii) for research or laboratory purposes; or

(iv) for the purposes of environmentally sound disposal; or

(v) in circumstances in which the article is already in use on or before 1 January 2027; or

(vi) for the purpose of an essential use.

(f) The import, export and manufacture of the chemical (whether on its own or in mixtures or in articles) must adhere to applicable laws of the Commonwealth for the control of industrial chemicals.

(g) The use of the chemical (whether on its own or in mixtures or in articles) must adhere to applicable laws of the Commonwealth or the relevant State for the control of industrial chemicals.

(h) Importers must determine and provide information on the concentration by weight of the chemical in an article to the supply chain.

(i) Importers 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 chemical, and articles it is used in; and

(ii) where feasible, the concentration by weight and estimate of the total annual introduction volume of the chemical imported by the importer; and

  1.     a justification for the use.

(j) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of waste not already containing the chemical; and must not dilute waste containing the chemical to lower the concentration below relevant waste handling and disposal thresholds.

(k) Waste consisting of, containing or contaminated with the chemical at a concentration that is equal to, or greater than 500 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) 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.

(l) Waste consisting of, containing or contaminated with the chemical at a concentration that is 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.

(m) Disposal must not lead to recovery, recycling, reclamation or re-use of the chemical, subject to paragraph (n).

(n) In carrying out disposal, the chemical may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (k) and (l).

(o) If an activity in relation to the chemical (whether on its own or in mixtures or in articles) is not permitted under paragraph (c), (d) or (e), 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 (l) and (m); and

(iii) comply with all relevant laws that apply in the relevant jurisdiction.

(p) The chemical (whether on its own or in mixtures or articles) must be managed according to the IChEMS Minimum Standards.

 

The nominated essential uses will be reviewed five years after commencement of this standard to reassess the suitability of phaseout timeframes and the ongoing need for an exception.

 

5 Schedule 6 (after table item dealing with Chemical name: Dechlorane Plus® and its two constituent isomers, synDechlorane Plus and antiDechlorane Plus (DP, synDP and antiDP) CAS numbers: 13560899 (DP), 135821033 (synDP), 135821748 (antiDP)

Insert:

Class name: Mercury and mercury compounds.

The following is included in this chemical class: 

  1.     mercury (CAS number 7439-97-6) and mercury alloys and amalgams
  2.     any chemical compound that contains at least one mercury atom in the molecular formula, such as:

(i) inorganic compounds (monovalent and divalent ions, i.e. mercurous salts and mercuric salts); and

(ii) organomercury compounds (compounds in which mercury is bonded covalently to at least one carbon atom)

 

  1.      This entry comes into effect 1 July 2026.
  2.      The class of chemicals has the following essential uses in Australia:

(i) products essential for civil protection and military uses;

(ii) if no feasible mercury free alternative for replacement is available:

(A) switches and relays;

(B) measuring devices;

(C) cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL) for electronic displays;

(D) lamps used for purposes other than general lighting for the generation of non-visible radiation;

(E) high intensity discharge (HID) lamps for existing transport vehicles, machinery and transport signaling applications;

(iii) if no feasible mercury free alternative for replacement is available:

(A) compact fluorescent lamps with non-integrated ballasts (until 31 December 2026);

(B) all wattages of triband phosphor non-linear fluorescent lamps (NFLs) (e.g., U-bend and circular) for general lighting purposes (until 31 December 2027);

(C) linear fluorescent lamps (LFLs) for general lighting purposes (until 31 December 2027), including:

(i) triband phosphor < 60 watts with a mercury content not exceeding 5 mg/lamp;

(ii) triband phosphor ≥ 60 watts;

(D) high pressure sodium vapour and metal halide lamps for general lighting purposes (until 1 June 2030).

  1.        The manufacture of the class of chemicals is prohibited except:

(i) in circumstances where the chemical is present as unintentional or naturally occurring trace contamination; or

(ii) for research or laboratory purposes, or

(iii) for the purposes of an essential use.

  1.      The import and export of the class of chemicals (whether on its own or in mixtures or in articles) are prohibited except:

(i) in circumstances where the chemical is present as unintentional or naturally occurring trace contamination; or

(ii) for research or laboratory purposes; or

(iii) if a hazardous waste permit authorises the import or export of the class of chemicals; or

(iv) for the purpose of an essential use.

  1.      The use of the class of chemicals (whether on its own or in mixtures or in articles) is prohibited except:

(i) in circumstances where the chemical is present as unintentional or naturally occurring trace contamination; or

(ii) for research or laboratory purposes; or

(iii) for the purposes of environmentally sound disposal; or

(iv) for the purpose of an essential use; or

(v) for articles in use on or before 1 July 2026.

  1.       The import, export and manufacture of the class of chemicals (whether on its own or in mixtures or in articles) must adhere to applicable laws of the Commonwealth for the control of industrial chemicals.
  2.      The use of the class of chemicals (whether on its own or in mixtures or in articles) must adhere to applicable laws of the Commonwealth or of the relevant State for the control of industrial chemicals.
  1.      Importers and manufacturers must determine and provide information on the concentration by weight, whether on their own, in a mixture, or in an article to the supply chain.
  2.        Importers, 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 chemical, the concentration by weight, and the mixtures and articles it is used in; and

(ii) quantity of the class of chemicals used or placed on the Australian market; and

(iii) a justification for the use; and

(iv) details on the conditions of use and safe disposal.

  1.        Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of waste not already containing this class of chemicals; and must not dilute waste containing the class of chemicals to lower the concentration below relevant waste handling and disposal thresholds.
  2.      Waste consisting of, containing or contaminated with the chemical at a concentration that is equal to, or greater than, 15 mg total mercury/kg must be either:

(i) managed or disposed of in a manner consistent with the technical guidelines on the environmentally sound management of mercury or mercury compound waste developed under the Basel Convention, 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.

  1.        Waste consisting of, containing, or contaminated with the class of chemicals at a total concentration that is less than, 15 mg total mercury/kg must be managed in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State.
  1.    Waste disposed according to provision (k) must be reported to the relevant agency for environmental protection with the following information:

(i) the identity and amount of the waste containing the class of chemicals; and

(ii) the origin of this waste and the concentration by weight; and

(iii) the name and contact details of the facility accepting this waste; and

(iv) details of the treatment and disposal method.

  1.      Disposal must not lead to recovery, recycling, reclamation or re use of the class of chemicals, subject to paragraph (o).
  2.      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 (k) and (l).
  1.      If an activity in relation to the class of chemicals (whether on their own or in mixtures or in articles) is not permitted under paragraph (c), (d) or (e), 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 (k) and (l); and

(iii) comply with all relevant laws that apply in the relevant jurisdiction.

  1.      The chemical (whether on its own or in mixtures or in articles) must be managed according to the IChEMS Minimum Standards.