Industrial Chemicals Environmental Management (Register) Act 2021
15Minister must have regard to certain matters in making etc. scheduling decision
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15 Minister must have regard to certain matters in making etc. scheduling decision
(1) In making, varying or revoking a scheduling decision for a relevant industrial chemical, the Minister must have regard to the following: (a) if there is a single relevant Commonwealth risk assessment in relation to the chemical—that assessment; (b) if there are 2 or more relevant Commonwealth risk assessments in relation to the chemical—the most recent of those assessments; (c) any relevant risks that the chemical poses, or may pose, to the environment and how any such risks may be minimised; (d) any relevant risks that a relevant end use of the chemical poses, or may pose, to the environment and how any such risks may be minimised; (e) any relevant advice given to the Minister by the Advisory Committee; (f) if Australia has any relevant obligations in relation to the chemical under an international agreement specified in the rules—those obligations; (g) any relevant submissions made in accordance with an invitation under subsection 17(1); (h) any relevant information given to the Minister under subsection 19(3) or 20(3); (i) any such matters as are specified in the rules. (2) Subsection (1) does not apply to a variation of a scheduling decision for a relevant industrial chemical if the variation is of a minor nature. (3) For the purposes of subsection (2), a variation of a scheduling decision for a relevant industrial chemical that does no more than change the way or ways in which the chemical is identified is taken to be a variation of a minor nature. (4) If: (a) a scheduling decision for a relevant industrial chemical specified a generalised end use for the chemical in lieu of the end use for the chemical; and (b) a variation of the scheduling decision does no more than to specify the end use for the chemical instead of that generalised end use; then, for the purposes of subsection (2), the variation is taken to be a variation of a minor nature.