Australia Regulatory News

The Australian Government has issued an open invitation to the community to provide valuable input on a comprehensive set of proposed changes to the categorization of chemical introductions. These cha...

The Australian Government has issued an open invitation to the community to provide valuable input on a comprehensive set of proposed changes to the categorization of chemical introductions. These changes include the strengthening of reporting and record-keeping obligations under the Australian Industrial Chemicals Introduction Scheme (AICIS). Furthermore, the AICIS has carefully identified specific facets within the General Rules that require strengthening to ensure the safeguarding of human health and the environment, as well as to clarify of certain requirements. 

Within this consultation, the AICIS is highlighting several key proposals, including: 

1. Transitioning from written undertakings to a streamlined system of record-keeping and thereby simplifying compliance procedures. 

2. Enhancing the recognition and use of the International Nomenclature of Cosmetic Ingredients (INCI) names for both reporting and record-keeping purposes. 

3. Revise the categorization criteria to provide tangible advantages to various stakeholders, including soap manufacturers, chemical introducers involved in flavoring and fragrance blends, and those working with controlled hazardous chemicals. 

4. Extending the criteria and/or reporting requirements to strengthen measures to protect of both health and the environment. This includes measures aimed at preventing the inadvertent categorization of persistent organic pollutants (POPs) as exempted or unreported introductions. 

Manufacturers and importers have until November 9, 2023 to submit their views and comments on these proposals.  

On 25 September 2023, the Australian Department of Climate Change, Energy, the Environment and Water (DCCEEW) opened consultations on the proposed scheduling decisions for brominated flame retardants ...

On 25 September 2023, the Australian Department of Climate Change, Energy, the Environment and Water (DCCEEW) opened consultations on the proposed scheduling decisions for brominated flame retardants (BFRs) under the Industrial Chemicals Environmental Management Standard (IChEMS). The consultations were notified to the World Trade Organization (WTO) on 27 September 2023.

The substances in question are all classified as Persistent Organic Pollutants (POPs) under the Stockholm Convention. These substances have the potential to inflict significant or irreversible damage to the environment unless they are appropriately controlled.

The consultations are open for feedback until 25 October 2023 and submissions can be made here. Providing feedback on the proposed decisions will help the Australian governments and businesses  manage the environmental risks associated with these chemicals.

Brominated Flame Retardants

Brominated flame retardants are mixtures of chemicals added to a wide range of products, including industrial products, to make them less flammable. They are commonly used in plastics, textiles, and electrical/electronic equipment.

The DCCEEW is seeking feedback on four proposed scheduling decisions covering a large number of brominated flame retardants. Three scheduling decisions are for Schedule 7 of the IChEMS Register and cover the following chemical classes and all their congeners. If adopted, the proposed decisions for these substances will apply from 1 July 2024. If adopted, the import, manufacture, use and export in Australia will be prohibited from 1 July 2024. Exceptions will apply for unintentional trace contamination, research, environmentally sound disposal, and for articles in use prior to the date of decision.

• Hexabromocyclododecane (HBCDD)

• Pentabromodiphenyl ether (pentaBDE) and tetrabromodiphenyl ether (tetraBDE)

• Octabromodiphenyl ether (octaBDE), heptabromodiphenyl ether (heptaBDE) and hexabromodiphenyl ether (hexaBDE)

The fourth decision covers the following chemical classes and their congeners. This decision concerns Schedule 6 of the register. If adopted this decision will apply from 1 July 2025 and will prohibit the import, manufacture, use and export in Australia.

• Decabromodiphenyl ether (decaBDE) and nonabromodiphenyl ether (nonaBDE)

For decaBDE and nonaBDE some uses are considered to be essential and are excepted from the decisions. These essential uses are listed below:

• Spare parts for aircraft that were manufactured prior to 1 January 2027 (until the end of the service life of the aircraft)

• Aircrafts (until 1 January 2027)

• Polyurethane foam for building insulation (until 1  January 2027)

• Electric and electronic equipment (until 1 January 2027)

• Spare parts for motor vehicles that were manufactured prior to 2019 (until 1 January 2036)

• Textile products (other than clothing and toys) that require anti‐flammable characteristics (until 1 January 2027).

The Industrial Chemicals Environmental Management Standard

IChEMS is a national approach in Australia that aims to efficiently manage the use, storage, handling and disposal of chemicals. By establishing standardised environmental protocols for the handling of industrial chemicals, IChEMS streamlines the process for industry to choose less hazardous alternatives. Under IChEMS, chemicals will be listed on the IChEMS Register in one of seven schedules based on their risk characteristics to provide information on their relative environmental risk. The IChEMS Register will also include risk-based controls that should be applied to protect the environment. Industrial chemical uses that pose a greater risk to human health and the environment will be subject to more stringent controls.

IChEMS Register Schedules

In the IChEMS Register, Schedules 6 and 7 list the industrial chemicals of greatest environmental concern, e.g. chemicals that are persistent, bioaccumulative and toxic, such as POPs. All uses of chemicals in Schedules 6 and 7 are being phased out, except for essential uses. Schedules 2 to 5 list industrial chemicals of medium environmental concern. They are subject to controls that are proportionate to the nature and level of risk. Schedule 1 lists the industrial chemicals of lowest concern.

Previous consultations

In July 2023 the DCCEEW held consultations on the proposed scheduling decisions for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonate (PFHxS), and pentachlorobenzene (PeCB). Those consultations closed on 1 September 2023.

During the months of August and September 2023, the Australian Industrial Chemistry Introductory Scheme (AICIS) has made several updates to the Australian Inventory of Industrial Chemicals (AIIC). The...

During the months of August and September 2023, the Australian Industrial Chemistry Introductory Scheme (AICIS) has made several updates to the Australian Inventory of Industrial Chemicals (AIIC). The updates include adding new chemicals to the inventory, correcting chemical names and correction of chemical names, and changes to inventory entries following the withdrawal of Confidential Business Information (CBI) approval. Details of the updates are summarised below.

Chemicals added to the Inventory

On 12 September 2023 the AICIS announced that 4 substances had been added to the AIIC because 5 years have passed since the assessment certificates for the chemicals were issued. This is in accordance with Section 82 of the Industrial Chemicals Act 2019. Obligations to provide information about the new substances apply. The AICIS must be informed within 28 days if the circumstances of the introduction (importation or manufacture) differ from their assessment. The 4 substances are listed in the table below.

Correction of chemical names

On 5 September 2023, the AICIS announced that the names of 10 chemicals in the AIIC have been updated to the Chemical Abstracts Service (CAS) name or the CAS name has been updated. The updates do not change the identity of the chemical substances themselves. These amendments were made in accordance with section 85 of the Industrial Chemicals Act 2019.

Chemicals added to the Inventory (II)

On 11 August 2023 the AICIS announced that 7 substances had been added to the AIIC because 5 years have passed since the assessment certificates for the chemicals were issued. The same specific information requirements as described above apply. The 7 substances are listed in the table below.

Variation of Inventory listing following revocation of CBI approval

On 7 August 2023, AICIS announced the change of the inventory listing conditions for the 2 chemicals listed in the table below. This was due to the withdrawal of the CBI approval for the proper name of these two industrial chemicals. AICIS must be notified within 28 days if the circumstances of introduction (import or manufacture) differ from its assessment.

Chemical added to the Inventory following issue of assessment certificate (early listing)

On 4 August 2023, the AICIS issued a notice adding one chemical substance to the AIIC following the issuance of an early listing assessment certificate. This is in accordance with section 83 of the Industrial Chemical Act 2019. The details of the substance is listed in the table below.

On 21 July 2023, the Australian Department of Climate Change, Energy, the Environment and Water opened consultations on the proposed scheduling decisions for perfluorooctanoic acid (PFOA), perfluorooc...

On 21 July 2023, the Australian Department of Climate Change, Energy, the Environment and Water opened consultations on the proposed scheduling decisions for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonate (PFHxS), and pentachlorobenzene (PeCB) under the Industrial Chemicals Environmental Management Standard (IChEMS). The chemicals are all Persistent Organic Pollutants (POPs) included in the Stockholm Convention, which are likely to cause serious or irreversible harm to the environment if not properly managed. As a party to this international treaty, Australia invites the public to make a submission on these proposed scheduling decisions and risk management measures. The consultations are open for feedback until 1 September 2023 and submissions can be made here.

IChEMS is a national approach that aims to efficiently managing chemical usage, storage, handling, and disposal. By establishing standardized environmental protocols for handling industrial chemicals, IChEMS streamlines the process for industries to opt for less hazardous alternatives. Under IChEMS chemicals will be listed on the IChEMS Register in one of seven schedules based on their risk characteristics to provide information on their relative environmental risk. The IChEMS Register will also include risk-proportionate controls that should be applied to protect the environment. Uses of industrial chemicals that pose greater risks to human health and the environment will have tighter controls.

In the IChEMS Register, Schedules 6 and 7 list the industrial chemicals with the greatest environmental concern, e.g. chemicals that are persistent, bio-accumulative and toxic such as POPs. All uses of chemicals in Schedule 6 and 7 will be phased out except for essential uses. Schedules 2 to 5 list industrial chemicals of intermediate concern for the environment. They have controls that are proportionate to the type and level of risk. Schedule 1 lists the industrial chemicals of lowest concern.

If adopted, the proposed Schedule 7 decisions for PFOA, PFOS, and PFHxS will apply from 1 July 2025. For PeCB, the proposed scheduling decision will apply from July 1 of 2024.

  UPDATE: The registration is now open in AICIS Business Services.   The Australian Industrial Chemicals Introduction Scheme (AICIS) has announced that companies that plan to import or man...

UPDATE: The registration is now open in AICIS Business Services.

The Australian Industrial Chemicals Introduction Scheme (AICIS) has announced that companies that plan to import or manufacture industrial chemicals for commercial purposes (including certain products intended to release industrial chemicals) after 31 August 2023 must renew their registration with the AICIS. The AICIS will open registration in their Business Services portal in the middle of August for the next AICIS registration year (from 1 September 2023 to 31 August 2024).

From 21 July 2023 the rules for importation and exportation of decabromodiphenyl ether (decaBDE), perfluorooctanoic acid (PFOA), its salts, and PFOA-related compounds in Australia will be amended. Thi...

From 21 July 2023 the rules for importation and exportation of decabromodiphenyl ether (decaBDE), perfluorooctanoic acid (PFOA), its salts, and PFOA-related compounds in Australia will be amended. This was announced by the Australian Industrial Chemicals Introduction Scheme (AICIS) on 14 July 2023.

Australian importers and exporters of the above-mentioned chemicals must now receive annual authorisation from the AICIS before import/export. The new rule does, however, not apply if the chemicals are introduced only for research or analysis at volumes of 100 kg or less in an AICIS registration year (30 August to 1 September). A full list of the compounds that require authorisation and some exceptions as well as all information on how to apply for authorisation can be found here.

The changes will be made because these chemicals were added to Annex II of the Rotterdam Convention in October 2022. More information can be found here.

The AICIS’ Call for Information about the above-mentioned chemicals is still open. In the Call the AICIS is asking current and previous importers and exporters of the above-mentioned chemicals to submit information about their import or manufacture. Information can be submitted here until 15 September 2023.

On 9 June 2023, the Australian government announced that because of a historic agreement reached at a national summit of environment ministers, strict new government regulations governing packaging wi...

On 9 June 2023, the Australian government announced that because of a historic agreement reached at a national summit of environment ministers, strict new government regulations governing packaging will soon be implemented to reduce waste and increase recycling. With the aid of these new regulations, packaging waste may be reduced while also being utilised in places where it can be recovered, reused, repurposed, or reprocessed. To limit the use of toxic chemicals in food packaging, the regulations will include required package design criteria and objectives, as well as requirements for recycled material. 

Manufacturers must now meet new design requirements and must prioritize waste reduction from the start of the packaging process. These guidelines will cover several factors, including the use of recycled materials. In addition, consumer health and environmental protection laws will be introduced to ensure the safe and sustainable use of chemicals in food packaging. 

Voluntary targets set by environment ministers in 2018 to be completed by 2025. The targets set in 2018 and the completion status of the targets can be seen in the table below. In addition, single-use plastic packaging, which is harmful and unnecessary, should no longer be used by 2025.   

The pledge follows a report from the Australian Packaging Organization (APCO) published on April 20, which concluded the nation was not on target to meet its public packaging targets by 2025 and called for clearer guidance.