Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1993 No. 35
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 35
(Issued by the Authority of the Minister for Industrial Relations)
Industrial Chemicals (Notification and Assessment) Act 1989
Industrial Chemicals (Notification and Assessment) Regulations (Amendment)
Section 111 of the Industrial Chemicals (Notification and Assessment Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Act establishes the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). The Act provides for a national system of notification and assessment of industrial chemicals. The Act has been amended to introduce modifications to the notification and assessment process in the case of eligible chemicals, low volume chemicals and synthetic polymers of low concern. The amendments commence by way of Proclamation on March 1 1993. The purpose of the amendments to the Act is to reduce the regulatory burden on industry. The regulations are complementary to these amendments and provide for matters such as definitions, fees and forms.
Section 5 of the Act has been amended to include a definition of synthetic polymer of low concern. The criteria for this definition is to be prescribed. Regulation 3 inserts a new regulation 4A that sets out the criteria.
Section 24A of the Act has been inserted to provide that the only document that needs to accompany an application for an assessment certificate for a synthetic polymer of low concern is a copy of a prescribed form. Regulation 4 inserts a new regulation 7AA which provides that a new Form 1A in Schedule 1 to the Regulations is the prescribed form for the purposes of section 24A of the Act. The form is the only information that needs to be provided to the Director of NICNAS and there is no requirement for information from the Schedule of the Act.
Paragraph 35(2)(d) of the Act enables information that is to be contained in a summary report to be prescribed. Regulation 5 omits regulation 8 and provides for a new regulation 8 that prescribes an abstract of the summary of health, safety and environmental matters to be contained in the summary report as well as a Material Safety Data Sheet.
Regulation 6 inserts regulations 8A and 8B. Subparagraph 38(5)(a)(iv) of the Act requires the Director of NICNAS to publish an assessment report by giving a copy to prescribed Commonwealth, State and Territory authorities. Regulation 8A prescribes at the Commonwealth level the Department of the Arts, Sport, the Environment and Territories and the Department of Health, Housing and Community Services. At the State level the Department of Occupational Health,
Safety and Welfare Is. prescribed for the State of Western Australia. Regulation 8B provides for the content of an assessment certificate.
Regulation 7 provides for an amendment to regulation 13 which specifies fees for applications. A new subregulation 13(2) Is inserted to provide that in the case of an application in relation to a synthetic polymer of low concern the fee is $2,500. Regulation 9 also relates to fees for applications. In the case of an application for an assessment of an eligible chemical or a low volume chemical the prescribed fee is $500.
Regulation 8 provides for an amendment to the Schedule. It inserts a new form 1A into the Schedule that is the prescribed form for an application for a synthetic polymer of low concern.
Overview
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1993 No. 35 was enacted to address issues within the existing regulatory framework for industrial chemicals in Australia. The Act in question is the Industrial Chemicals (Notification and Assessment) Act 1989, which established the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). This Act was designed to create a national system for the notification and assessment of industrial chemicals. The amendments introduced by these regulations aim to reduce the regulatory burden on industry, particularly for eligible chemicals, low volume chemicals, and synthetic polymers of low concern. These amendments were issued by the authority of the Minister for Industrial Relations and are intended to complement the changes made to the Act by providing additional details such as definitions, fees, and forms.
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1993 No. 35, therefore, serve to streamline the regulatory process for certain chemicals by reducing the documentation and information required for notification and assessment. For instance, the new regulations introduce specific definitions and criteria for synthetic polymers of low concern and simplify the application process by requiring only a prescribed form for such polymers. Furthermore, the regulations detail the content of summary reports and assessment certificates, as well as the fees associated with different types of applications. These changes are aimed at making the regulatory process more efficient while ensuring that necessary health, safety, and environmental considerations are still addressed.
Scope and Application
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1993 No. 35 applies to the National Industrial Chemicals Notification and Assessment Scheme (NICNAS), which is established under the Industrial Chemicals (Notification and Assessment) Act 1989. This Act applies to all persons and entities involved in the manufacture, importation, supply, or use of industrial chemicals within Australia. It provides a national system of notification and assessment of these chemicals, aiming to protect public health and the environment. The amendments introduced by these regulations focus on modifying the notification and assessment process for certain categories of chemicals, such as eligible chemicals, low volume chemicals, and synthetic polymers of low concern, to alleviate the regulatory burden on industry. These regulations are applicable across the Commonwealth of Australia and are intended to complement the Act by specifying matters such as definitions, fees, and forms.
The amendments and regulations extend to all industrial chemicals within the Australian jurisdiction, including chemicals used in various industries. However, specific exclusions and exemptions are outlined in the Act and the subordinate regulations, particularly concerning synthetic polymers of low concern. For instance, Section 5 of the Act and the corresponding regulations specify that only a prescribed form needs to accompany an application for an assessment certificate for these low-concern synthetic polymers, thereby streamlining the process. Additionally, fees for applications are adjusted in the regulations, with a fee of $2,500 for synthetic polymers of low concern and $500 for eligible chemicals or low volume chemicals. These regulations further detail the prescribed content for summary reports and assessment certificates, ensuring consistency and efficiency in the notification and assessment procedures.
Key Provisions
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1993 No. 35 introduces several key modifications to the existing framework under the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act). Section 5 of the Act is amended to include a definition for "synthetic polymer of low concern," which is crucial for identifying which polymers are subject to the new regulatory requirements. This definition is further specified in regulation 3, which inserts a new regulation 4A that sets out the criteria for synthetic polymers of low concern. Regulation 4 adds a new Form 1A in Schedule 1, which is the prescribed form for applications related to these polymers.
The obligations imposed by these regulations are designed to streamline the process for certain chemicals. For example, section 24A of the Act is amended to state that only a copy of the prescribed form (Form 1A) needs to accompany an application for an assessment certificate for synthetic polymers of low concern. This change simplifies the documentation requirement, ensuring that the Director of NICNAS receives only the necessary information. Furthermore, regulation 5 updates the information that must be included in a summary report, mandating an abstract of the summary of health, safety, and environmental matters, along with a Material Safety Data Sheet. This ensures that the summary report is comprehensive and informative.
Additionally, regulation 6 introduces new regulations 8A and 8B, which detail the publication of assessment reports and the content of assessment certificates, respectively. Regulation 8A specifies the prescribed Commonwealth, State, and Territory authorities that must receive a copy of the assessment report, such as the Department of the Arts, Sport, the Environment and Territories at the Commonwealth level. Regulation 8B outlines the content that must be included in an assessment certificate. These obligations are designed to ensure transparency and accessibility of assessment information to relevant authorities and stakeholders.
The amendments also address the financial implications of these changes. Regulation 7 and regulation 9 revise the fees associated with applications. Specifically, regulation 7 introduces a new subregulation 13(2) stipulating that the fee for an application related to a synthetic polymer of low concern is $2,500. Meanwhile, regulation 9 sets the fee for applications related to eligible chemicals or low volume chemicals at $500. These financial requirements are intended to cover the administrative costs associated with processing the applications. Failure to comply with these fee provisions may result in administrative penalties, which are not explicitly detailed in the text but are generally implied under the legislative framework.