11CIntroduction and export of certain industrial chemicals prohibited without approval (Act s 106)

11C Introduction and export of certain industrial chemicals prohibited without approval (Act s 106)

(1) This regulation applies to each of the following industrial chemicals, being chemicals that are the subject of the Rotterdam Convention: (a) each of the following kinds of polybrominated biphenyls: (i) hexabromobiphenyl; (ii) octabromobiphenyl; (iii) decabromobiphenyl; (b) tris (2,3‑dibromopropyl) phosphate; (c) polychlorinated biphenyls; (d) polychlorinated terphenyls; (e) tetraethyl lead; (f) tetramethyl lead; (g) commercial pentabromodiphenyl ether (including tetrabromodiphenyl ether and pentabromodiphenyl ether); (h) commercial octabromodiphenyl ether (including hexabromodiphenyl ether and heptabromodiphenyl ether); (i) perfluorooctane sulfonic acid; (j) perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls, including the following: (i) potassium perfluorooctane sulfonate; (ii) lithium perfluorooctane sulfonate; (iii) ammonium perfluorooctane sulfonate; (iv) diethanolammonium perfluorooctane sulfonate; (v) tetraethylammonium perfluorooctane sulfonate; (vi) didecyldimethylammonium perfluorooctane sulfonate; (vii) N‑ethylperfluorooctane sulfonamide; (viii) N‑methylperfluorooctane sulfonamide; (ix) N‑ethyl‑N‑(2‑hydroxyethyl) perfluorooctane sulfonamide; (x) N‑(2‑hydroxyethyl)‑N‑methylperfluorooctane sulfonamide; (xi) perfluorooctane sulfonyl fluoride; (k) tributyltin compounds, including the following: (i) tributyltin oxide; (ii) tributyltin benzoate; (iii) tributyltin chloride; (iv) tributyltin fluoride; (v) tributyltin linoleate; (vi) tributyltin methacrylate; (vii) tributyltin naphthenate; (l) alkanes, C10‑13, chloro‑. (2) The export of an industrial chemical mentioned in subregulation (1) is prohibited unless the Director has given written approval for the export at or before the time of the proposed export. (3) The introduction of an industrial chemical mentioned in paragraph (1)(a) or any of paragraphs (f) to (l) is prohibited unless the Director has given written approval for its introduction at or before the time of the proposed introduction.

Note: Section 21 of the Act (which relates to the introduction of new industrial chemicals) may also apply to the introduction of an industrial chemical mentioned in paragraph (1)(a), (h) or (i) or subparagraph (1)(j)(vi) or (vii).

(4) The introduction of the industrial chemical mentioned in paragraph (1)(e) is prohibited unless: (a) the Director has given written approval for its introduction at or before the time of the proposed introduction; or (b) the industrial chemical is introduced in aviation gasoline (avgas), or for use in the production of avgas; or (c) the industrial chemical is introduced: (i) in leaded fuel; and (ii) by a person in respect of whom an approval granted under subsection 13(1) of the Fuel Quality Standards Act 2000 is in force at the time of the introduction; and (iii) for the purpose of a supply that is specified in the approval. (5) For subregulation (4):

fuel has the meaning given by subregulation 3(2) of the Fuel Quality Standards Regulations 2001.

supply has the meaning given by subsection 4(1) of the Fuel Quality Standards Act 2000.

Note: Subsection 106(5) of the Act provides that a person who introduces or exports an industrial chemical in contravention of a regulation made for the purposes of subsection 106(1), or of a condition or restriction prescribed by such a regulation, is guilty of an offence.