Industrial Chemicals Environmental Management (Register) Amendment (2024 Measures No. 1) Instrument 2024
I, Rachel Burgess, delegate of the Minister for the Environment and Water, make the following instrument.
Dated 18 June 2024
Rachel Burgess
Branch Head
Chemicals and Atmosphere Branch
Department of Climate Change, Energy, the Environment and Water
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Industrial Chemicals Environmental Management (Register) Instrument 2022
This instrument is the Industrial Chemicals Environmental Management (Register) Amendment (2024 Measures No. 1) Instrument 2024.
(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. |
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Industrial Chemicals Environmental Management (Register) Instrument 2022
1 Schedule 2 (table)
Repeal the table, substitute:
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: 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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Chemical name:
CAS number: 108-78-1 | (a) melamine resins; (b) adhesives; (c) construction materials; (d) flame-retardant additive; (e) paints, coatings and inks. | (a) This entry comes into effect on (b) The chemical (whether on its own or in mixtures) must be managed according to the IChEMS Minimum Standards. |
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Chemical name: Boric acid and precursors
CAS numbers: 10043-35-3, 11113-50-1, 13460-51-0, 12008-41-2, 1303-96-4 | (a) additives for the manufacture of:
(b) flame retardants; (c) fire-preventing agents; (d) in construction materials; (e) tanning agents; (f) domestic/cleaning products; (g) manufacture of other chemicals and products.
| (a) This entry comes into effect on (b) The chemical (whether on its own or in mixtures) must be managed according to the IChEMS Minimum Standards. |
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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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2 Schedule 3 (at the end of the table)
Add:
Chemical name: β-Alanine, N-(2-hydroxyethyl)-N-[2-[(1-oxooctyl)amino]ethyl]-
CAS number: 64265-45-8 | Firefighting foam products. | (a) This entry comes into effect on (b) The chemical (whether on its own or in mixtures) must be managed according to the IChEMS Minimum Standards.
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3 Schedule 6 (at the end of the table)
Add:
Chemical name: Dechlorane Plus® and its two constituent isomers, syn-Dechlorane Plus and anti-Dechlorane Plus (DP, syn‑DP and anti-DP)
CAS numbers: 13560-89-9 (DP), 135821-03-3 (syn-DP), 135821‑74‑8 (anti‑DP)
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| (a) This entry comes into effect on 1 July 2026. (b) The chemical has the following essential uses in Australia: (i) aerospace and space applications (until (ii) defence applications (to be reviewed by the department after 1 July 2031); or (iii) replacement parts, where the chemical was originally used in the manufacture of those parts, for: (A) aerospace and space applications (until the end of the service life of the articles or 1 July 2044, whichever comes earlier); or (B) defence applications (until the end of the service life of the articles, subject to review by the department after (C) motor vehicles (until the end of the service life of the articles or 1 July 2044, whichever comes earlier); or (D) stationary industrial machines for use in agriculture, forestry and construction (until the end of the service life of the articles or 1 July 2044, whichever comes earlier); or (E) marine, garden, forestry and outdoor power equipment (until the end of the service life of the articles or 1 July 2044, whichever comes earlier); or (F) in-vitro diagnostic devices (until the end of the service life of the articles, subject to review by the department after (G) instruments for analysis, measurements, control, monitoring, testing, production and inspection (until the end of the service life of the articles or 1 July 2044, whichever comes earlier). (c) The manufacture of the chemical is prohibited except for research or laboratory purposes. (d) The import and export of the chemical (whether on its own or in mixtures or in articles) 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 (to be reviewed by the department after 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 or a mixture or an article containing the chemical; or (iv) for motor vehicles that contain the chemical, that were manufactured before (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) in circumstances where the chemical is present unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used (to be reviewed by the department after 1 July 2027); or (ii) for research or laboratory purposes; or (iii) in circumstances in which the article is already in use on or before 1 July 2026; or (iv) 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 of the relevant State for the control of industrial chemicals. (h) Importers and manufacturers must determine and provide information on the concentration by weight of the chemical, whether on its own, in a mixture, or in an article to the supply chain. (i) 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) a justification for the use; and (iii) details on the conditions of use and safe disposal. (j) Importers and manufacturers must make the identity and quantity of the chemical placed on the Australian market publicly available and accessible. This information must be updated every year. (k) 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. (l) Waste consisting of, containing or contaminated with the chemical at a concentration that is equal to, or greater than the Low Persistent Organic Pollutant Content Limit for Dechlorane Plus® published under the Basel Convention 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. (m) Waste consisting of, containing or contaminated with the chemical at a concentration that is less than the Low Persistent Organic Pollutant Content Limit for Dechlorane Plus® published under the Basel Convention 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 chemical, subject to paragraph (o). (o) In carrying out disposal, the chemical 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 chemical (whether on its own or in a mixture), or an article containing the chemical, 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. (q) The chemical (whether on its own or in mixtures or in articles) must be managed according to the IChEMS Minimum Standards.
| For paragraphs (l) and (m), the Low Persistent Organic Pollutant Content Limit for Dechlorane Plus is in the General technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants published under the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, as existing from time to time.
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Chemical name: Phenol, 2-(2H-benzotriazol-2-yl)-4,6-bis(1,1-dimethylpropyl) - (UV-328) CAS number: 25973-55-1 |
| (a) This entry comes into effect on 1 July 2026. (b) The chemical has the following essential uses in Australia: (i) motor vehicles (until 1 July 2031); or (ii) industrial coating applications for automotive coating, engineering machine coating, rail transit coating, and heavy-duty coating for large steel structures (until (iii) tri-acetyl cellulose (TAC) film in polarisers (until 1 July 2031); or (iv) photographic paper (until 1 July 2031); or (v) replacement parts, where the chemical was originally used in the manufacture of those parts, for: (A) motor vehicles (until the end of the service life of the articles or 1 July 2044, whichever comes earlier); or (B) stationary industrial machines for use in agriculture, forestry and construction (until the end of the service life of the articles or 1 July 2044, whichever comes earlier); or (C) liquid crystal displays in in-vitro diagnostic devices (to be reviewed by the department after 1 July 2041); or (D) liquid crystal displays in instruments for analysis, measurements, control, monitoring, testing, production and inspection (until the end of the service life of the articles or 1 July 2044, whichever comes earlier). (c) The manufacture of the chemical is prohibited except: (i) for research or laboratory purposes; or (ii) for the purpose of an essential use. (d) The import and export of the chemical (whether on its own or in mixtures or in articles) 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 (to be reviewed by the department after 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 or a mixture or article containing the chemical; or (iv) for motor vehicles that contain the chemical, that were manufactured before (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) in circumstances where the chemical is present unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used (to be reviewed by the department after 1 July 2027); or (ii) for research or laboratory purposes; or (iii) in circumstances in which the article is already in use on or before 1 July 2026; or (iv) for the purpose of an essential end use. (f) Users of the chemical for an essential industrial coating application referred to in paragraph (b)(ii), must ensure that the chemical is not released to the environment or to sewer. This includes activities related to blending of coating components, application to a substrate and cleaning of equipment and the work site. Waste and residues from these activities must be treated in accordance with paragraphs (m) and (n). (g) The import, export and manufacture of the chemical (whether on its own or in mixtures or articles) must adhere to applicable laws of the Commonwealth for the control of industrial chemicals. (h) The use of the chemical (whether on its own or in mixtures or articles) must adhere to applicable laws of the Commonwealth or of the relevant State for the control of industrial chemicals. (i) Importers and manufacturers must determine and provide information on the concentration by weight of the chemical, whether on its own, in a mixture, or in an article, to the supply chain. (j) 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 chemical, 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. (k) Importers and manufacturers must make the identity and quantity of the chemical placed on the Australian market publicly available and accessible. This information must be updated every year. (l) 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. (m) Waste consisting of, containing or contaminated with the chemical at a concentration that is equal to, or greater than the Low Persistent Organic Pollutant Content Limit for UV-328 to be published under the Basel Convention 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. (n) Waste consisting of, containing or contaminated with the chemical at a concentration that is less than the Low Persistent Organic Pollutant Content Limit for UV-328 to be published under the Basel Convention 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. (o) Disposal must not lead to recovery, recycling, reclamation or re-use of the chemical, subject to paragraph (p). (p) In carrying out disposal, the chemical may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (m) and (n). (q) If an activity in relation to the chemical, or an article containing the chemical, 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 (m) and (n); and (iii) comply with all relevant laws that apply in the relevant jurisdiction. (r) The chemical (whether on its own or in mixtures or in articles) must be managed according to the IChEMS Minimum Standards.
| For paragraphs (m) and (n), the Low Persistent Organic Pollutant Content Limit for UV-328 is in the General technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with persistent organic pollutants published under the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, as existing from time to time. |