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.
Apr-29-2025
Australia’s Department of Climate Change, Energy, the Environment and Water (DCCEEW) has proposed new environmental standards for industrial chemicals under the Industrial Chemicals Environmental Management Standard (IChEMS). These proposals aim to regulate chemicals that pose significant or irreversible harm to the environment. If adopted, these measures will impact the manufacturing, import, export, use, and disposal of several industrial chemicals starting from 2026 and 2027.
This summary provides a detailed overview of the proposed standards for the following chemicals: decabromodiphenyl ethane (DBDPE), mercury and mercury compounds, 1,2-dibromoethane, methylcyclopentadienyl manganese Tricarbonyl (MMT), 1,2-dichloroethane, and aryl sulfonate hydrotropes.
Decabromodiphenyl Ethane (DBDPE): Strict Management Measures Proposed
Chemical Identity:
Name: Benzene, 1,1'-(1,2-ethanediyl)bis[2,3,4,5,6-pentabromo-]
Common name: Decabromodiphenyl ethane (DBDPE)
CAS Numbers: 84852-53-9, 1092834-40-6
Proposed effective date: 1 January 2027
Proposed Regulations:
Use Prohibitions: Ban on manufacturing, import, and usage unless specifically exempted for essential applications.
Essential Use Exemptions: Allowed for critical sectors such as aerospace, automotive, defence, electronic equipment, and building industries, with a phase-out planned by 1 July 2033.
Trace Contamination Allowance: Permitted up to 10 mg/kg in substances or mixtures and 500 mg/kg in articles.
Waste Management: Disposal must either destroy or irreversibly transform the chemical to prevent environmental release.
Background:
DBDPE is used as a flame retardant but is persistent and toxic to the environment. Australia’s proposed actions align with international efforts to phase out such substances.
Mercury and Mercury Compounds: Tightened Controls in Line with Minamata Convention
Chemical Identity:
Name: Mercury and mercury compounds
CAS Number: 7439-97-6 and related compounds
Proposed effective date: 1 July 2026
Proposed Regulations:
Ban on Manufacture, Import, and Use: Mercury and its compounds will be strictly prohibited except for a few essential uses.
Permitted Essential Uses: Military, civil protection, certain measuring devices, cold cathode fluorescent lamps (CCFLs), and situations where no mercury-free alternatives exist.
Waste Management: Mercury waste containing more than 15 mg/kg must be treated according to the Basel Convention guidelines.
Stockpile Notification: Entities holding mercury stockpiles must report and manage them responsibly.
Background:
Australia’s regulatory action aligns with commitments under the Minamata Convention on Mercury, aiming to minimize mercury releases and protect public and environmental health.
1,2-Dibromoethane: New Handling Requirements to Minimize Environmental Risks
Chemical Identity:
Name: Ethane, 1,2-dibromo-
CAS Number: 106-93-4
Proposed effective date: 1 January 2026
Key Measures:
Primary Use: As a fuel additive in leaded aviation gasoline (AvGas), with some use as a solvent and chemical intermediate.
Environmental Management: Must be handled according to IChEMS Minimum Standards, including risk management plans and environmentally safe storage practices.
Background:
Despite its usefulness in aviation, 1,2-dibromoethane is persistent and toxic, posing environmental and human health risks.
Methylcyclopentadienyl Manganese Tricarbonyl (MMT): Fuel Additive under Scrutiny
Chemical Identity:
Name: Manganese, tricarbonyl[(1,2,3,4,5-η)-1-methyl-2,4-cyclopentadien-1-yl]-
Common Names: MMT, Methylcyclopentadienyl manganese tricarbonyl
CAS Number: 12108-13-3
Proposed effective date: 1 January 2026
Key Measures:
Use Restriction: Limited to use as a fuel additive for anti-valve seat recession and as an octane booster.
Management Compliance: Companies must comply with IChEMS Minimum Standards covering handling, storage, incident management, and waste disposal.
Background:
MMT is widely used to enhance fuel performance but poses risks due to the release of manganese into the environment.
1,2-Dichloroethane: New Environmental Controls Proposed
Chemical Identity:
Name: Ethane, 1,2-dichloro-
CAS Number: 107-06-2
Proposed effective date: 1 January 2026
Key Measures:
Primary Use: As a feedstock for manufacturing polyvinyl chloride (PVC) and as an industrial solvent.
Mandatory Compliance: Management through robust risk plans and environmentally safe disposal practices as per IChEMS standards.
Background:
1,2-Dichloroethane is a high-production-volume chemical with significant environmental risks, especially through its volatilization and potential to contaminate groundwater.
Aryl Sulfonate Hydrotropes: Low-Risk Chemicals, Still Under Monitoring
Chemical Identity:
Chemical Group: Aryl sulfonate hydrotropes
CAS Numbers: Includes a wide range such as 98-11-3, 515-42-4, and others
Proposed effective date: 1 January 2026
Key Measures:
Application Areas: Extensively used in domestic products including paints, personal care items, detergents, and textiles.
Environmental Risk Level: Classified as unlikely to cause environmental harm, but still subject to IChEMS compliance for information sharing, safe handling, and responsible waste management.
Background:
These chemicals are important emulsifiers and stabilizers used across many industries, but due diligence is still necessary to prevent environmental harm from improper disposal.
What Are the IChEMS Minimum Standards?
All chemicals addressed by the proposed decisions must comply with the IChEMS Minimum Standards, which include:
Information and Awareness: Inform the supply chain about environmental risks.
Risk Management Planning: Identify, evaluate, and control environmental risks.
Harm Minimization Controls: Prioritize elimination or reduction of chemical hazards.
Environmentally Safe Storage: Ensure secure and compliant chemical storage.
Effective Incident Response: Prepare for and manage chemical spills and accidents.
Environmentally Responsible Waste Management: Apply the waste hierarchy principles, ensuring proper recycling, treatment, or disposal.
Conclusion
Australia is taking significant steps to tighten the management of industrial chemicals through the IChEMS framework. By aligning domestic regulations with international conventions such as the Minamata Convention and the Basel Convention, the country aims to enhance environmental safety and sustainability. Manufacturers, importers, distributors, and of the affected chemicals should start preparations now to ensure full compliance when the new standards enter into force.
Mar-28-2025
The National Transport Commission (NTC) of Australia has announced key amendments to the Australian Dangerous Goods (ADG) Code. These changes introduce clearer definitions and improved segregation rules for incompatible dangerous goods. These changes aim to enhance workplace safety, reduce transport-related risks, and ensure regulatory clarity.
Background on the ADG Code Revision
A draft version of the revised ADG Code was released for public consultation in October 2024. In response to stakeholder feedback, the NTC held webinars, most recently on 12 March 2025, to address concerns and clarify the proposed changes. The ADG Code establishes national requirements for the classification, labelling, and handling of hazardous substances by road and rail in Australia.
Key Updates from the draft
1. Incompatible Dangerous Goods
Segregation provisions split: Separate rules for packages and bulk tanks.
Revised chemical compatibility table.
Clarification on acids and alkalies.
New chemical groupings table, with a particular emphasis on strong acids.
2. Definition of a "Dangerous Situation"
Existing Definition Maintained: Due to stakeholder concerns, the current definition remains unchanged: "A situation causing or likely to cause imminent risk of death or injury to a person, or harm to the environment or to property."
Enhanced Guidance Added: Additional examples and context have been provided to help users recognize reportable incidents and improve understanding of serious risks.
Obligations for Stakeholders
Stakeholders should:
Review and apply the revised provisions in the updated ADG Code, particularly those regarding segregation rules and chemical classifications.
Update internal policies and ensure that staff are trained on the new definitions and compatibility groupings.
Incorporate the clarified definition of a “dangerous situation” should into incident reporting processes to enhance accuracy and consistency.
Additionally, stakeholders are encouraged to stay engaged in the consultation process by attending the upcoming NTC webinar on 2 April for further updates and discussion.
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