Industrial Chemicals (Notification and Assessment) Amendment Regulations 2003 (No. 1) 2003 No. 121
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 121
Issued by the authority of the Parliamentary Secretary to the Minister for Health and Ageing
Industrial Chemicals (Notification and Assessment) Act 1989
Industrial Chemicals (Notification and Assessment) Amendment Regulations 2003 (No. 1)
The object of the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act) is to provide for a national system of notification and assessment of industrial chemicals for the purposes of aiding in the protection of the Australian people and the environment, to provide information and make recommendations about industrial chemicals to Commonwealth, State and Territory bodies, to give effect to Australia's obligations under international agreements and to collect statistics in relation to these chemicals.
Section 111 of the Act provides that the Governor-General may make regulations not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the regulations is to introduce consistency between information required for a Commercial Evaluation Permit (CEP) and that required for other notification and assessment categories in the Act.
The regulations require applicants for a CEP to provide a summary of the chemical's health effects and environmental effects. The CEP system under Division 1A of Part 3 of the Act allows a manufacturer or importer of a new industrial chemical to bypass the stringent assessment certificate system under Divisions 2 and 3 of Part 3 of the Act. The CEP system applies where the introduction of a new industrial chemical is required for the sole purpose of commercial evaluation and authorises the applicant to introduce up to 2,000 kilograms of the chemical for a period not exceeding two years. Currently applicants for a CEP are only required to provide a minimal data set to the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). The amendment adds a small but important information requirement for a CEP to introduce consistency between the information required for a CEP and that required for other notification and assessment categories under the Act. For example, applications for assessment certificates for new industrial chemicals and applications for permits to introduce small quantities of new industrial chemicals require that information.
Details of the regulations are set out in the Attachment.
The regulations commence on gazettal.
ATTACHMENT
Details of the Industrial Chemicals (Notification and Assessment) Amendment Regulations 2003 (No. 1)
Regulation 1 states that the title of these Regulations will be the Industrial Chemicals (Notification and Assessment) Amendment Regulations 2003 (No. 1).
Regulation 2 provides for these Regulations to commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Industrial Chemicals (Notification and Assessment) Regulations 1990 (the Principal Regulations).
SCHEDULE 1-
Item 1 in effect adds new paragraph 6A(c) to the Principal Regulations. New paragraph 6A(c) requires manufacturers and importers making an application to NICNAS under the Commercial Evaluation Permit System (Part 3 Division 1A, section 21D(2)(b) of the Industrial Chemicals (Notification and Assessment) Act 1989) to provide a summary of the industrial chemical's health effects and environmental effects.
Overview
The Industrial Chemicals (Notification and Assessment) Amendment Regulations 2003 (No. 1) were enacted to introduce consistency between the information required for a Commercial Evaluation Permit (CEP) and that required for other notification and assessment categories under the Industrial Chemicals (Notification and Assessment) Act 1989. This regulation was made by the Governor-General under the authority of the Parliamentary Secretary to the Minister for Health and Ageing. The overarching policy objective of these regulations is to ensure that all applicants for permits under the Act, regardless of the type of permit, provide a comprehensive set of information about the industrial chemical, including its health and environmental effects. This consistency is intended to aid in the protection of the Australian people and the environment, as well as to facilitate compliance with Australia's international obligations.
Scope and Application
The Industrial Chemicals (Notification and Assessment) Amendment Regulations 2003 (No. 1) pertain to the Industrial Chemicals (Notification and Assessment) Act 1989, which is a Commonwealth Act designed to safeguard public health and the environment by regulating the notification and assessment of industrial chemicals. This legislation applies to all persons and entities involved in the importation or manufacture of industrial chemicals within Australia, including those who seek to introduce new industrial chemicals for commercial evaluation, as well as those who must provide information to the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). The Act’s jurisdiction covers the entire Commonwealth, with its provisions extending to all states and territories. The regulations clarify and expand on the information required for applications under the Commercial Evaluation Permit (CEP) system, ensuring consistency with other categories of notification and assessment under the Act. The regulations require that applicants for a CEP provide a summary of the chemical’s health effects and environmental effects, aligning these requirements with those for other notification and assessment categories. The regulations do not introduce any exclusions or exemptions but rather serve to refine and enhance the information requirements under the Act.
Key Provisions
The Industrial Chemicals (Notification and Assessment) Amendment Regulations 2003 (No. 1) amend the existing Industrial Chemicals (Notification and Assessment) Regulations 1990 (section 3). This amendment introduces a new requirement for applicants seeking a Commercial Evaluation Permit (CEP) under section 21D(2)(b) of the Industrial Chemicals (Notification and Assessment) Act 1989 to provide a summary of the chemical's health effects and environmental effects (Item 1, Schedule 1). This requirement is intended to align the information provided for a CEP with the information required for other notification and assessment categories in the Act, ensuring consistency across the notification and assessment process.
The new provision under paragraph 6A(c) in Schedule 1 of the Amendment Regulations 2003 (No. 1) imposes an obligation on manufacturers and importers to provide a comprehensive summary of the health and environmental effects of the chemical in question when applying for a CEP. This aligns with the requirements for other categories, such as those for assessment certificates for new industrial chemicals and permits to introduce small quantities of new industrial chemicals, ensuring a uniform approach to the information required for notification and assessment purposes.
The Industrial Chemicals (Notification and Assessment) Amendment Regulations 2003 (No. 1) do not explicitly outline offences, penalties, or civil or criminal consequences for non-compliance. However, failure to comply with the notification and assessment requirements under the Industrial Chemicals (Notification and Assessment) Act 1989 could potentially result in enforcement actions, fines, or other sanctions as provided by the Act. For instance, under section 105 of the Act, a person who contravenes a provision of the Act or the regulations can be liable for a penalty. The specific penalties for non-compliance are detailed elsewhere in the primary Act and could include substantial fines and other legal consequences, depending on the nature and severity of the breach.
In summary, the Industrial Chemicals (Notification and Assessment) Amendment Regulations 2003 (No. 1) introduce a new requirement for applicants for a CEP to provide a summary of the chemical's health effects and environmental effects, aligning the information requirements with those for other notification and assessment categories. While the regulations themselves do not detail specific penalties, non-compliance with the notification and assessment requirements under the Act could result in enforcement actions and penalties as prescribed by the Act.