Commonwealth Consolidated Regulations

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS 1990 - SCHEDULE 1AB

(regulations 6C and 7B)

1              Purpose of guidelines

                 These guidelines set out:

                (a)    f or regulation 6C  -- matters that the Director must consider for an application under subparagraph 22F (1) (b) (ii) of the Act for a controlled use permit, if the applicant does not intend to export all of the chemical; and

               (b)    for regulation 7B  -- criteria for a chemical or class of chemicals, other than a polymer of low concern or a non-hazardous chemical, for which an application may be made under subsection 30A (1A) of the Act for an early introduction permit.

2              Intended use

     (2)       The matters, or criteria, are that:

                (a)    the chemical does not have any of the following hazard classifications for human health effects:

                          (i)    carcinogenic effects (R40, R45, R49 as described in Approved Criteria for Classifying Hazardous Substances, 3rd edition [NOHSC:1008(2004)] );

                         (ii)    mutagenic effects (R46);

                        (iii)    reproductive effects (R60-64);

                        (iv)    very toxic and toxic acute lethal effects (R23-28);

                         (v)    corrosive effects (R34, R35, R41);

                        (vi)    sensitising effects (R42, R43);

                       (vii)    non-lethal irreversible effects after a single exposure (R39, R68);

                      (viii)    severe effects after repeated or prolonged exposure (R48); and

               (b)    the chemical does not have a toxicity:

                          (i)    to fish, using the test mentioned in paragraph (m) of Part C of the Schedule to the Act, and expressed as an LC ₅₀ , that is equal to or less than 10 mg/litre; and

                         (ii)    to aquatic invertebrates, using the test mentioned in paragraph (n) of Part C of the Schedule to the Act, and expressed as an EC ₅₀ , that is equal to or less than 10 mg/litre; and

                        (iii)    to algae, using the test mentioned in paragraph (p) of Part C of the Schedule to the Act, and expressed as IC ₅₀ , that is equal to or less than 10 mg/litre; and

                (c)    for human exposure:

                          (i)    there are no exposures to consumers or the general public inherent in the proposed manufacturing, processing or uses of the chemical; and

                         (ii)    any worker exposure that is likely to occur will be adequately controlled through use of engineering controls, work practices and personal protective equipment; and

               (d)    for environmental exposure, all routine releases from manufacture, processing and use (including releases associated with cleaning of equipment and from disposal or cleaning of containers and packaging) have been considered and adequate controls are in place to ensure:

                          (i)    no ambient release to surface water resulting in concentrations of the chemical above 1 part per billion; and

                         (ii)    no ambient release to air above 1 microgram per cubic metre average annual concentration; and

                        (iii)    no release to land or landfill unless the chemical has negligible potential for migration to groundwater.