51Declaration of priority existing chemicals

#### 51 Declaration of priority existing chemicals (1) If the Director has recommended that a chemical be declared a priority existing chemical, the Minister may declare the chemical a priority existing chemical by notice in the Chemical Gazette. (2) The notice must specify, in respect of each chemical to which the notice relates: (a) whether the declaration applies to the chemical generally or only when it is: (i) used for one or more specified purposes; or (ii) manufactured, handled, stored or used in a specified geographical area or in specified circumstances; and (b) whether an assessment of the chemical is to be: (i) a preliminary assessment; or (ii) a full assessment; and (c) which of the matters specified in subsection (3) must be taken into account in preparing the assessment report on the chemical; and (d) the kind of information relating to each chemical that must accompany an application for an assessment of the chemical; and (e) if the notice relates to more than one chemical—whether the declared chemicals are to be assessed together. (3) Subject to subsections (4) and (5), a notice may require all or any of the following matters to be taken into account in preparing the assessment report on a chemical: (a) the properties of the chemical; (b) any use to which the chemical is intended to be, or is reasonably likely to be, put; (c) any adverse effects on the environment or persons which the chemical has the intrinsic capacity to cause; (d) the extent to which the environment, persons in a particular occupation or the public will be exposed to the chemical; (e) any risk to the health or safety of persons who, because of their occupation, are engaged, or likely to be engaged, in the manufacture, handling, storage, use or disposal of the chemical; (f) any risk to the health or safety of likely consumers handling or using the chemical or any product containing the chemical; (g) any risk to the environment arising from the use of the chemical or from the discharge of waste products resulting from the manufacture or use of the chemical; (h) the extent to which any risk referred to in this subsection is capable of being reduced by compliance with: (i) appropriate procedures relating to the manufacture, handling, storage, use or disposal of the chemical; or (ii) special requirements in the packaging or labelling of the chemical; or (iii) procedures relating to the control of, or the discharge into the environment of, the chemical or waste products resulting from the manufacture or use of the chemical; (i) any other relevant information available to the Director. (4) A notice specifying that an assessment of a chemical is to be a preliminary assessment must require that only a matter or matters referred to in paragraphs (3)(a) to (d) be taken into account in preparing an assessment report on the chemical. (5) A notice specifying that an assessment of a chemical is to be a full assessment must require that at least one matter referred to in paragraphs (3)(e) to (h) be taken into account in preparing an assessment report on the chemical.