The legal framework for the regulation of the introduction (importation and manufacture) of industrial chemicals in Australia is the Industrial Chemicals Act 2019 (IC Act). It came into force on 12 March 2019 and establishes the Australian Industrial Chemicals Introduction Scheme (AICIS) and its Executive Director. The IC Act is supported by the Industrial Chemicals (General) Rules and the Industrial Chemicals Categorisation Guidelines, which set out technical and operational details of the AICIS and the requirements introducers need to meet to categorise their chemicals if they are not already listed on the AIIC. The IC Act regulates the importation and manufacture of industrial chemicals in Australia.
GPC has a legal entity in Australia and can help non-Australian companies to meet their compliance requirements as an Australian agent.
Oct-07-2024
The Australian Department of Climate Change, Energy, Environment and Water (DCCEEW) is seeking feedback on the proposed standards for the management of industrial chemicals under the Industrial Chemicals Environmental Management Standard (IChEMS). This consultation covers chemicals identified as being of high or low concern, as well as updates to existing standards.
IChEMS aims to harmonize the management of industrial chemicals across Australia to ensure environmental protection through responsible use, storage and disposal. The standards focus on classifying chemicals based on their environmental impact and helping businesses make informed, safer choices.
Chemicals Subject to Public Consultation
The chemicals subject to public consultation are:
Hexachlorobenzene (HCB)
Polychlorinated biphenyls (PCBs)
Polychlorinated terphenyls (PCTs)
Lauryl (dodecyl) sulfates
Linear alkylbenzene sulfonates
In addition, the consultation also covers updates to the standards for the following substances:
Pentachlorobenzene (PeCB)
Perfluorooctanesulfonic acid (PFOS) and related substances
Perfluorooctanoic acid (PFOA) and related substances
Short-chain chlorinated paraffins (SCCPs)
The IChEMS standards apply only to industrial use of chemicals and do not cover medical, veterinary or agricultural uses, which are regulated under separate frameworks.
New Proposed Decisions
Proposed Decision for Hexachlorobenzene: Under the proposed standards, hexachlorobenzene (HCB) (CAS number: 118-74-1) will be placed under Schedule 7 of chemicals likely to cause serious environmental harm. The HCB standard aligns with the Stockholm Convention on Persistent Organic Pollutants and will enter into force on 1 July 2025. Key measures include:
Prohibition of Manufacture: The manufacture of HCB will be prohibited except for research purposes or unintentional trace contamination (≤ 5 mg/kg).
Import and Export Restrictions: Import and export of HCB is prohibited except for research or environmentally sound disposal under a hazardous waste permit.
Use Restrictions: Industrial use of HCB is prohibited except for trace contamination, research or disposal purposes.
Waste Management: Waste containing HCB must be treated to destroy or irreversibly transform the chemical and concentrations above 50 mg/kg must be managed in accordance with Basel Convention guidelines.
Proposed Decision for Polychlorinated Biphenyls: Under the proposed standards, polychlorinated biphenyls (PCBs) (CAS number: 1336-36-3) will be classified under Schedule 7 for chemicals likely to cause serious environmental harm. The measures are based on the Stockholm Convention, the Australian PCB Management Plan and international standards. Key elements of the proposed decision include:
Effective Date: The standards for PCBs will come into force on 1 July 2025, giving entities time to comply.
Manufacture Prohibition: The manufacture of PCBs will be prohibited, except for research purposes or when present as unintentional trace contamination (≤ 2 mg/kg). Australia has never manufactured PCBs commercially, so this standard is consistent with current regulations.
Import and Export Restrictions: The import and export of PCBs will be prohibited except for research or environmentally sound disposal, in line with the requirements of the Stockholm and Basel Conventions.
Restrictions on Use: Industrial use of PCBs is prohibited except for articles already in use before 1 July 2025, or if the contamination level is ≤ 2 mg/kg. Articles containing PCBs in concentrations above 50 mg/kg must be disposed of in an environmentally sound manner.
Waste Management: Waste with PCB concentrations ≥ 50 mg/kg must be treated to destroy or irreversibly transform the chemical or disposed of in accordance with the Basel Convention. Waste with concentrations below 50 mg/kg must still be managed according to environmentally sound practices.
Key Definitions and Standards for HCB and PCBs
Unintentional Trace Contamination (UTC): HCB and PCBs may be present as unintentional contaminants in products, with limits set at ≤ 5 mg/kg for HCB and ≤ 2 mg/kg for PCBs.
Environmentally Responsible Waste Management: Waste containing HCB or PCBs must be managed in accordance with national and international regulations, with emphasis on preventing contamination and ensuring safe disposal.
Information and Awareness: Manufacturers and importers must provide information on the environmental risks posed by these chemicals throughout the supply chain to help ensure safe practices at all stages.
Proposed Decision for Polychlorinated Terphenyls (PCTs): Polychlorinated terphenyls (PCTs) (CAS number: 61788-33-8) are to be classified under Schedule 7, as they are identified as chemicals likely to cause serious environmental damage and have no essential industrial uses. The measures are based on control strategies for polychlorinated biphenyls (PCBs) due to their comparable risk profiles, with reference to the Stockholm Convention, the Basel Convention and other international guidelines. Key elements of the proposed decision for PCTs include:
Effective Date: The standards for PCTs will come into force on 1 July 2025, giving businesses time to comply.
Manufacturing Prohibition: The manufacture of PCTs will be prohibited, except for research purposes or when present as unintentional trace contamination (≤ 2 mg/kg). PCTs are not manufactured commercially in Australia.
Import and Export Restrictions: The import and export of PCTs will be prohibited except for research, environmentally sound disposal, or trace contamination (≤ 2 mg/kg).
Restrictions on Use: The use of PCTs, including in products or articles, will be prohibited except for research or disposal purposes or if the article was already in use before 1 July 2025.
Waste Management: Waste containing PCTs in concentrations ≥ 50 mg/kg must be treated to destroy or irreversibly transform the chemical. Waste with lower concentrations must be managed in accordance with Basel Convention guidelines.
These standards align with both national and international protocols for the management of hazardous chemicals and persistent organic pollutants.
Key Definitions and Standards for PCTs
Unintentional Trace Contamination (UTC): PCTs may be present as unintentional contaminants in products, with limits set at ≤ 2 mg/kg.
Environmentally Responsible Waste Management: Waste containing PCTs must be managed in accordance with local and international regulations to ensure environmentally safe disposal.
Information and Awareness: Manufacturers and reformulators must provide relevant environmental risk information throughout the supply chain to ensure safe handling and use of PCTs.
Proposed Decision for Lauryl (Dodecyl) Sulfates: Lauryl (dodecyl) sulfates (CAS numbers: 151-41-7, 151-21-3, 2235-54-3, 3097-08-3, 4706-78-9), including sodium lauryl sulfate and its derivatives, are classified in Schedule 3 for chemicals with the potential to cause environmental damage. The measures are based on the Australian Industrial Chemical Introduction Scheme (AICIS) Evaluation Statement and focus on managing the use of these chemicals in various industrial products. Key elements of the proposed decision for lauryl (dodecyl) sulfates include:
Effective Date: The standards for lauryl (dodecyl) sulfates will enter into force on 1 July 2025, allowing sufficient time for businesses to adapt.
Chemical Management: The chemicals must be managed in compliance with the IChEMS Minimum Standards, which outline best practices for safe handling, storage and environmental risk reduction.
End Uses: These chemicals are commonly used in personal care, cleaning, paints, plastics, automotive care and laundry products. Given their wide use as surfactants, the proposed standards aim to reduce potential environmental damage through responsible use and disposal.
Proposed Decision for Linear Alkylbenzene Sulfonates: Linear alkylbenzene sulfonates (LASs), including salts of alkylbenzene sulfonic acid with linear alkyl chains between 10 and 16 carbon atoms, are to be included in Schedule 3 for chemicals that have the potential to cause environmental harm. The measures are based on the Australian Industrial Chemical Introduction Scheme (AICIS) Evaluation Statement. Key elements of the proposed decision for linear alkylbenzene sulfonates (CAS numbers: 27176-87-0; 121-65-3; and others) include:
Effective Date: The standards will come into force on 1 July 2025, allowing sufficient time for industry to comply.
Chemical Management: Linear alkylbenzene sulfonates must be managed in accordance with the IChEMS Minimum Standards to ensure safe handling, storage, and disposal.
End Uses: LASs are widely used in products such as laundry detergents, dishwashing liquids, cleaning agents, automotive care products, and plastic and polymer care products. These chemicals act as surfactants in various domestic and industrial applications.
IChEMS Minimum Standards Agreed by Commonwealth, State, and Territory regulators, the standards provide guidance on the safe management of chemicals to ensure environmental risks are minimized throughout the supply chain.
Have Your Say
To provide feedback, please review the proposed standards and associated documents. Contributions can be made via the survey here. The deadline for responses is 25 October 2024.
Sep-12-2024
It is time for registered importers or manufacturers who introduced industrial chemicals into Australia for commercial purposes between 1 September 2023 and 31 August 2024 to submit their Annual Declaration to the Australian Industrial Chemicals Introduction Scheme (AICIS). This online declaration confirms that chemical introductions were authorized under the Industrial Chemicals Act 2019.
How to Submit
The Annual Declaration form is available on AICIS Business Services and must be submitted by 30 November 2024. The form requires the selection of the categories that apply to the introductions, ensuring that the chemicals meet the criteria for the selected category.
New for 2023-24: Exempted Categories
This year, if introductions fall under the exempted category, all exempted introduction types that applied must be selected on the form:
Introductions where the highest indicative risk was very low risk
Polymers of low concern
Low-concern biological polymers
Industrial chemicals solely for research and development
Manufactured soap
Chemicals imported and subsequently exported
Chemicals comparable to listed chemicals
Polymers comparable to listed polymers
Chemicals resulting from non-functionalized surface treatment of listed chemicals
For more information on submitting the declaration, please visit the annual declaration page.
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