Environmental Protection (Industrial Chemicals) Regulations 2023

Overview

We are seeking public comment on the Consultation draft of the Environmental Protection (Industrial Chemicals) Regulations 2023.

Regulations are required to implement the Industrial Chemicals Environmental Management Standard (IChEMS) in Western Australia to minimise environmental risks from industrial chemicals and provide a streamlined and nationally consistent approach.

Background

The Department of Water and Environmental Regulation has been working with the Australian, state and territory governments to make IChEMS a cohesive national scheme and to strengthen the management of industrial chemicals.

The Industrial Chemicals Environmental Management (Register) Act 2021 (Cth) (ICEMR Act) established the IChEMS to provide a nationally consistent and streamlined approach to manage environmental risks from industrial chemicals. The IChEMS will minimise environmental risks by providing industry and regulators with information they need to protect the environment from industrial chemicals being used in Australia.

The IChEMS applies to industrial chemicals (i.e. chemicals not regulated under the agricultural and veterinary, therapeutic goods or food safety regimes). The definition of industrial chemicals is established under the ICEMR Act and the Industrial Chemicals Act 2019 (Cth).

The ICEMR Act also established the IChEMS Register which records (schedules) industrial chemicals and assigns risk management measures, along with prohibitions and restrictions where relevant. These industrial chemicals are listed on one of seven schedules of the IChEMS Register (with Schedule 7 posing the greatest environmental risk). The Australian Government started scheduling industrial chemicals in the IChEMS Register in late 2022. 

The IChEMS Minimum Standards set nationally consistent, practical and risk-based baseline requirements. They are particularly relevant for unscheduled industrial chemicals.

As new legislation is required to implement IChEMS in Western Australia, we have published a consultation draft of the Environmental Protection (Industrial Chemicals) Regulations 2023 for public comment.

Key elements of the consultation draft of the Regulations

• General duty: there is a general responsibility to minimise the risks of environmental harm and pollution from the use of the industrial chemicals (or a product or article containing an industrial chemical). The new general duty will apply to scheduled and unscheduled industrial chemicals.
• Duty to comply with the scheduling requirements: this applies where an industrial chemical and its end use is listed in a schedule of the IChEMS Register.
• Exemption: the Chief Executive Officer of the Department of Water and Environmental Regulation may grant an exemption from a scheduling requirement with conditions.
• Compliance notices: inspectors and authorised persons may issue compliance notices for breaches of the duties prescribed in the Regulations.

Consultation open

The consultation draft of the Environmental Protection (Industrial Chemicals) Regulations 2023 has been developed for public consultation.

The consultation period will run from 4 December 2023. The closing date for submissions is 5pm (WST) 5 February 2024.

Written feedback on the consultation draft should be submitted to chemicals@dwer.wa.gov.au. No late submissions will be considered. Please note that written submissions may be published on our website.

Questions about the consultation process and how to provide feedback can be sent to chemicals@dwer.wa.gov.au 

Consultation documents

• Information paper - Environmental Protection (Industrial Chemicals) Regulations 2023
• Consultation draft - Environmental Protection (Industrial Chemicals) Regulations 2023