Industrial Chemicals (Notification and Assessment) Regulations (Amendment) (Cth)

Statutory Rules 1997No. 193 1

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Industrial Chemicals (Notification and Assessment) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Industrial Chemicals (Notification and Assessment) Act 1989.

Dated 9 July 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

PETER REITH

Minister for Industrial Relations

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1.   Commencement

1.1 These Regulations commence on 9 July 1997.

 

2.   Amendment

2.1   The Industrial Chemicals (Notification and Assessment) Regulations are amended as set out in these Regulations.

3.   Regulation 8 (Prescribed information—summary report)

3.1   Paragraphs 8 (a) and (b):

Omit the paragraphs, substitute:

• “(a)

  a statement of the type of assessment carried out (that is, whether a standard assessment, limited assessment or assessment of a synthetic polymer of low concern was carried out);

• (b)

  the chemical names of hazardous constituents of the chemical;

• (c)

  a summary of the occupational health and safety, and public health and environmental, matters contained in the assessment report;

• (d)

  the intended use of the chemical;

• (e)

  any recommendations contained in the assessment report in relation to the chemical.”.

4.   Regulation 8A (Prescribed authorities (of the Commonwealth, the States and Territories)—subparagraph 38 (5) (a) (iv) of the Act)

4.1   Omit the regulation, substitute:

Prescribed authorities—paragraph 38 (5) (a) of the Act

 “8A. For the purposes of paragraph 38 (5) (a) of the Act:

• (a)

  the following authorities are prescribed for the Commonwealth:

  • (i)

    the Department of the Environment, Sport and Territories; and

  • (ii)

    the Department of Health and Family Services; and

• (b)

  Worksafe Western Australia is prescribed for the State of Western Australia.”.

5.   New regulations 8C and 8D

5.1   After regulation 8B, insert:

Prescribed authorities—subparagraph 40G (1) (a) (i) of the Act

 “8C. For the purposes of subparagraph 40G (1) (a) (i) of the Act:

• (a)

  the following authorities are prescribed for the Commonwealth:

  • (i)

    the Department of the Environment, Sport and Territories; and

  • (ii)

    the Department of Health and Family Services; and

• (b)

  Worksafe Western Australia is prescribed for the State of Western Australia.

Extension of original assessment certificates

 “8D. For the purposes of subsection 40H (2) of the Act, an assessment certificate endorsed to indicate that it is an extension of an original assessment certificate must contain the following:

• (a)

  the name of the applicant for the original assessment certificate;

• (b)

  the name of the importer or manufacturer who applied for extension of the original assessment certificate;

• (c)

  particulars of the chemical (other than exempt information);

• (d)

  a statement that the applicant for the original assessment certificate had complied with the requirements of the Act regarding the notification of the chemical;

• (e)

  a statement that the chemical has been assessed under the Act;

• (f)

  the date of publication, in the Chemical Gazette, of the summary report of the original assessment report;

• (g)

  a statement that the modification has been, or is to be, published in the Chemical Gazette, giving the date of publication.”. 

6.   New regulations 11AA and 11AB

6.1   After regulation 11, insert:

Inspection of Register

 “11AA. For the purposes of subregulation 80C (4) of the Act, the Register may be inspected by the public at the Library during inspection times.

Amount of registration charge

 “11AB.(1) For the purposes of paragraph 80T (2) (a) of the Act, the lesser amount of $900 is prescribed. 

 “(2) For the purposes of paragraph 80T (2) (b) of the Act, the lesser amount of $6,700 is prescribed.”. 

7.   New regulation 11B

7.1   After regulation 11A, insert:

Prescribed international arrangement—paragraph 106 (1) (b) of the Act

 “11B. (1) For the purposes of paragraph 106 (1) (b) of the Act, the Prior Informed Consent Scheme is a prescribed international arrangement.

 “(2) In subregulation (1):

‘Prior Informed Consent Scheme’ means the voluntary scheme described in the London Guidelines for the Exchange of Information on Chemicals in International Trade adopted by the Governing Council of the United Nations Environment Program in Decision 15/30 dated 25 May 1989.”. 

8.   Schedule 2 (Fees)

8.1   After item 9, insert:

“9A Paragraph 110 (1) (ka) 2,100”.  

8.2   After item 14, insert:

“14A	Paragraph 110 (1) (ua)	300
14B	Paragraph 110 (1) (ub)	300
14C	Paragraph 110 (1) (uc)	200”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 July 1997.

2. Statutory Rules 1990 No. 231 as amended by 1990 No. 440; 1991 No. 165; 1992 Nos. 29, 245 and 282; 1993 No. 35; 1994 Nos. 21, 320, 368 and 454; 1995 Nos. 81 and 358; 1997 No. 181.