1.  The whole of this instrument

The day after this instrument is registered.

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.

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.

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.

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.

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.

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.

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.

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.

(jThe IChEMS Minimum Standards must be complied with.

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.

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.

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.

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) 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.