INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) 1993 NO. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) 1993 NO. 35 - TABLE OF PROVISIONS 1. Commencement 2. Amendment 3. New regulation 4A 4. New regulation 7AA 5. Regulation 8 (Prescribed information summary report) 6. New regulations 8A and 8B 7. 7 Regulation 13 (Fees) 8. Schedule 1 (Forms) 9. Schedule 2 (Fees) 1993 No. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 1 1. Commencement 1.1 These Regulations commence on 1 March 1993. 1993 No. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 2 2. Amendment 2.1 The Industrial Chemicals (Notification and Assessment) Regulations are amended as set out in these Regulations. 1993 No. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 3 3. New regulation 4A 3.1 After regulation 4, insert: Synthetic polymer of low concern "4A. (1) For the purposes of the definition of 'synthetic polymer of low concern' in section 5 of the Act: (a) a polymer is taken to have a number average molecular weight greater than 1,000 if it contains: (i) less than 2% by mass of molecules with molecular weight less than 500; and (ii) less than 5% by mass of molecules with molecular weight less than 1,000; (b) a polymer has a low charge density if: (i) the polymer: (a) is not polycationic; or (b) is polycationic and the equivalent weight of the charged groups is greater than 5,000; and (ii) the polymer is not a water-soluble or self-dispersing: (a) polycarboxylate polymer; or (b) polyaromatic sulphonate polymer; or (c) polyaliphatic sulphonate polymer; (c) a polymer has a low residual monomer content if it would not be classified as a hazardous substance in accordance with the Commission's Guidance Note entitled 'Guidance Note for Determining and Classifying a Hazardous Substance' and dated June 1991 that was published on behalf of the Commission by the Australian Government Publishing Service; (d) a polymer does not dissociate readily if it is not likely to be cationic or anionic in the pH range 4 to 9 (inclusive); (e) a polymer has low water solubility if its solubility in water at 20 degrees C is determined or estimated to be less than 1 mg/L; (f) a polymer in solid form has a particle size if its particle size distribution is such that less than 1% by mass of the particles are of smaller diameter than 70 micrometres; (g) a polymer is stable under the conditions in which it is used if, under those conditions, it does not readily break down by hydrolysis, thermal degradation, photodegradation, depolymerisation or otherwise. "(2) For the purposes of paragraph (h) of that definition, the following characteristic is prescribed, namely that the polymer does not contain reactive functional groups that are intended, or are reasonably likely, to undergo further reaction. "(3) For the purposes of subparagraph (1)(b)(i), a substance is taken to be polycationic if it contains polyamines having the potential to become cationic.". 1993 No. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 4 4. New regulation 7AA After regulation 7, insert: Prescribed form section 24A of the Act "7AA. Form 1A in Schedule 1 is the prescribed form for the purposes of section 24A of the Act.". 1993 No. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 5 5. Regulation 8 (Prescribed information summary report) 5.1 Omit the regulation, substitute: Prescribed information summary report "8. For the purposes of paragraph 35(2)(d) of the Act, the following are prescribed: (a) an abstract of the summary of health, safety and environmental matters contained in the assessment report; (b) the material safety data sheet.". 1993 No. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 6 6. New regulations 8A and 8B 6.1 After regulation 8, insert: Prescribed authorities (of the Commonwealth, the States and Territories) subparagraph 38(5)(a)(iv) of the Act "8A. For the purposes of subparagraph 38(5)(a)(iv) of the Act: (a) the following authorities are prescribed for the Commonwealth: (i) the Department of Arts, Sport, the Environment and Territories; and (ii) the Department of Health, Housing and Community Services; and (b) the Department of Occupational Health, Safety and Welfare is prescribed for the State of Western Australia. Assessment certificates "8B. For the purposes of section 39 of the Act, an assessment certificate is to contain the following: (a) the name of the applicant; (b) particulars of the chemical (other than exempt information); (c) a statement that the applicant has complied with the requirements of the Act regarding the notification of the chemical; (d) a statement that the chemical has been assessed under the Act; (e) a statement that a summary report of the assessment has been, or is to be, published in the Chemical Gazette, giving the date of publication.". 1993 No. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 7 7 Regulation 13 (Fees) 7.1 Subregulation 13(2): Add at the end: "(c) if the application is in relation to a synthetic polymer of low concern $2,500.". 1993 No. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 8 8. Schedule 1 (Forms) 8.1 Before Form 1, insert: Form 1A Regulation 7AA INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 STATEMENT UNDER REGON 24A REGARDING A SYNTHETIC POLYMER OF LOW CONCERN Applicant Details Business Name: Business Address (including postcode): Phone ( ) Fax ( ) Technical Contact Name Position Phone ( ) Fax ( ) Details of Polymer Chemical Name of Polymer: Other Names: Marketing Name: CAS Number (if known): - - Justification for application under the Synthetic Polymer of Low Concern Category Does the polymer meet the criteria for a polymer of low concern in regulation 4A of the Industrial Chemicals (Notification and Assessment) Regulations? Yes No (a) number average molecular weight (b) charge density (c) residual monomer content (d) dissociation constant (e) water solubility (f) particle size for solids (g) stability; and (h) reactive functional groups Molecular Formula: Structural Formula: Means of identification (List of spectral data available): Number Average Molecular Weight (MWn): Weight Percentage of polymer species with: MWn 1993 No. 35 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 9 9. Schedule 2 (Fees) 9.1 After item 3A, insert: "3B Paragraph 110(1)(caa) $500". 9.2 After item 14, insert: "15 Paragraph 110(1)(v) $500". - NOTES 1993 No. 35*1* INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 24 February 1993. *2* Statutory Rules 1990 No. 231 as amended by 1990 No. 440; 1991 No. 165; 1992 Nos. 29, 245 and 282.