{"id":"F2022L01658","name":"Industrial Chemicals Environmental Management (Register) Instrument 2022","slug":"industrial-chemicals-environmental-management-register-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102947,"registerId":"commonwealth-F2022L01658-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Industrial Chemicals Environmental Management (Register) Instrument 2022.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 22(1) of the Industrial Chemicals Environmental Management (Register) Act 2021.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) AACN;\n    (b) CAS number;\n    (c) generalised end use;\n    (d) relevant industrial chemical;\n    (e) scheduling decision.\n  In this instrument:\n\n> Act means the Industrial Chemicals Environmental Management (Register) Act 2021.\n\n> disposal has the same meaning as in the Hazardous Waste (Regulation of Exports and Imports) Act 1989.\n\n> Note: Other grammatical forms of “disposal” (such as “disposed of”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).\n\n> environmental release means any introduction of pollutants into the environment as a result of any human activity, whether deliberate or accidental, routine or non‑routine.\n\n> hazardous waste export permit means an export permit within the meaning of the Hazardous Waste (Regulation of Exports and Imports) Act 1989.\n\n> hazardous waste import permit means an import permit within the meaning of the Hazardous Waste (Regulation of Exports and Imports) Act 1989.\n\n> hazardous waste permit means a permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 or the Hazardous Waste (Regulation of Export and Imports) (OECD Decision) Regulations 1996.\n\n> IChEMS Minimum Standards means the IChEMS Minimum Standards agreed to by Commonwealth, State and Territory environmental regulators as published by the Department and as existing from time to time.\n\n> industrial use has the same meaning as in the Industrial Chemicals Act.\n\n> Polychlorinated Biphenyls Management Plan means the Polychlorinated Biphenyls Management Plan published by the Australian and New Zealand Environment and Conservation Council in November 1996, as existing from time to time.\n\n> relevant agency includes:\n\n    (a) a department, agency or authority of the Commonwealth; and\n    (b) a State government body.\n\n> Schedule 6 risk characteristics has the same meaning as in the Industrial Chemicals Environmental Management (Register) Principles 2022.\n\n> Schedule 7 risk characteristics has the same meaning as in the Industrial Chemicals Environmental Management (Register) Principles 2022.\n\n> stockpile of a relevant industrial chemical means an accumulation of substances, mixtures or articles that contains, or consists of, the chemical.\n\n> unintentional trace contamination means circumstances where a chemical is present unintentionally and unavoidably below the level specified in the entry for that chemical in this instrument at which the chemical cannot be meaningfully used.\n\n> waste has the same meaning as in the Hazardous Waste (Regulation of Exports and Imports) Act 1989.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Register of scheduling decisions for relevant industrial chemicals","content":"#### 5 Register of scheduling decisions for relevant industrial chemicals\n\n  (1) This instrument establishes a register (the Register) of scheduling decisions for relevant industrial chemicals that have been made or varied by the Minister under Division 2 of Part 2 of the Act.\n\n> Note: The Register does not create prohibitions, restrictions or obligations that are enforceable in judicial or other proceedings (see subsection 22(4) of the Act).\n\n  (2) The Register has 7 Schedules as follows:\n    (a) Schedule 1—Relevant industrial chemicals that are not appropriate for listing in the other Schedules;\n    (b) Schedule 2—Relevant industrial chemicals that are unlikely to cause harm to the environment;\n    (c) Schedule 3—Relevant industrial chemicals that have the potential to cause harm to the environment;\n    (d) Schedule 4—Relevant industrial chemicals that may cause harm to the environment;\n    (e) Schedule 5—Relevant industrial chemicals that are likely to cause harm to the environment;\n    (f) Schedule 6—Relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with essential uses;\n    (g) Schedule 7—Relevant industrial chemicals that are likely to cause serious or irreversible harm to the environment with no essential uses.\n  (3) Each Schedule of the Register:\n    (a) sets out the scheduling decisions for the relevant industrial chemicals identified in the Schedule; and\n    (b) may also set out other information such as explanatory information relating to a scheduling decision for a relevant industrial chemical.\n\n> Note: A scheduling decision for a relevant industrial chemical includes, among other things, a decision to list a relevant industrial chemical in a particular Schedule or Schedules of the Register (see subsection 11(3) of the Act).","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":724},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The instrument appears consistent with its original purpose under the Industrial Chemicals Environmental Management (Register) Act 2021. It establishes the Register as authorised, with the 7-tier scheduling framework and risk-based controls matching the Act's intent. No significant scope expansion is evident."},"complexity_factors":["Seven-tier scheduling system with escalating controls","Extensive nested exceptions (e.g., 'prohibited except for...' with multiple sub-clauses)","Multiple trigger thresholds varying by chemical (10 mg/kg, 50 mg/kg, 100 mg/kg, 500 mg/kg, 1000 mg/kg, 0.025 mg/kg)","Phased commencement dates across 2023–2052 for different chemicals and uses","Cross-references to 4+ other legislative instruments (IChEMS Minimum Standards, Hazardous Waste Act, Basel Convention, Industrial Chemicals Act)","Dual identification systems (CAS numbers and AACNs) with conditional use requirements","Schedule 6 and 7 entries contain 10–20+ individual risk management measures per chemical","Waste management rules with concentration-dependent treatment hierarchies","Essential use exemptions with sunset clauses and review mechanisms (e.g., 'until 1 July 2037' or 'to be reviewed after 1 July 2033')","Definitions incorporating external documents 'as existing from time to time'"],"plain_english_summary":"This instrument creates a 7‑tier register ranking industrial chemicals by environmental harm and sets corresponding controls—from IChEMS minimum standards for lower tiers to near‑total bans for the highest tiers. High‑risk chemicals may be banned except for narrow essential uses, while the worst‑rated substances face almost complete prohibition with limited trace‑contamination and research exemptions.\n\nIt affects manufacturers, importers, exporters, product users and waste handlers, and includes phased implementation, strict stockpile and waste‑management rules, and cross‑references to other hazardous‑waste and chemical laws."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This instrument implements the Register power in the Industrial Chemicals Environmental Management (Register) Act 2021 by specifying which chemicals sit in which Schedules and setting tailored measures. It does not expand the statutory powers in the Act; rather it fills those powers with detailed scheduling decisions, thresholds, phased dates and operational requirements for regulated parties and relevant agencies."},"complexity_factors":["Seven distinct Schedules with different legal effects (from ‘unlikely to cause harm’ to ‘serious/irreversible harm’ with/without essential uses)","Large number of individually listed chemicals and broad chemical classes with multiple CAS/AACN identifiers","Multiple, substance‑specific prohibitions, use/import/export/manufacture restrictions, and detailed exceptions (research, hazardous waste permits, unintentional trace contamination, essential uses)","Numerous numeric thresholds for ‘unintentional trace contamination’ and waste concentration (varies by chemical/class)","Phased commencement dates and time‑limited essential‑use windows (different dates per entry)","Operational requirements on introducers/importers/manufacturers/users: supply‑chain disclosure, recordkeeping, public reporting and justifications for use","Waste management rules with tiered treatment, disposal and reporting obligations and cross‑reference to international Basel Convention limits for some substances","Frequent cross‑references to other instruments and standards (the Act, IChEMS Minimum Standards, Hazardous Waste Act, Polychlorinated Biphenyls Management Plan) increasing interpretive interdependence","Discretion and ongoing review tasks for the department and relevant agencies (review dates, updating technical limits and essential‑use lists)","Compliance complexity for industry: monitoring, sampling to specific mg/kg limits, adapting supply chains and managing stockpiles"],"plain_english_summary":"This instrument establishes the statutory Register of scheduling decisions for industrial chemicals, sorting listed substances into seven risk-based Schedules and giving each entry risk-management measures, time‑staged prohibitions, quantitative contamination thresholds and exceptions. It requires importers, manufacturers, users, waste handlers and relevant agencies to keep records, follow IChEMS Minimum Standards and meet disposal, reporting and supply‑chain information duties. The Register is made under subsection 22(1) of the Act and operationalises regulatory controls and phased phase‑outs."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-chemicals-environmental-management-register-instrument-2022","history":"/api/acts/industrial-chemicals-environmental-management-register-instrument-2022/history","analysis":"/api/acts/industrial-chemicals-environmental-management-register-instrument-2022/analysis","conflicts":"/api/acts/industrial-chemicals-environmental-management-register-instrument-2022/conflicts","importantCases":"/api/acts/industrial-chemicals-environmental-management-register-instrument-2022/important-cases","documents":"/api/acts/industrial-chemicals-environmental-management-register-instrument-2022/documents"}}