Commonwealth Numbered Regulations

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) 1997 No. 419 - REG 7

7.1 After regulation 7A, insert: Environmental effect of chemical-prescribed
criteria (Act, s. 30A)

"7B. (1) For paragraph 30A (3) (c) of the Act, the criteria set out in this
regulation are prescribed.

"(2) A chemical to which subsection 23 (4) or (8) of the Act applies, must:

   (a)  have 1 of the following characteristics:

        (i)    if the chemical dissolves in water without dissociation or
               association and is not surface-active, the partition
               coefficient (n- octanol/water) at 20oC expressed as log Pow
               must not exceed 3;

        (ii)   the chemical's solubility in water must be more than 1mg/litre;

        (iii)  the chemical's number-average molecular weight (in the case of
               a polymer) or the chemical's molecular weight (in any other
               case) must be more than 1,000; and

   (b)  be readily biodegradable in accordance with the test known as a Ready
        Biodegradability Test mentioned in paragraph (q) of Part C of the
        Schedule to the Act;

   (c)  not have a toxicity:

        (i)    to fish, using the test mentioned in paragraph (m) of Part C of
               the Schedule to the Act, and expressed as an LC50, that is less
               than 100 mg/litre; and

        (ii)   to aquatic invertebrates, using the test mentioned in paragraph
               (n) of Part C of the Schedule to the Act, and expressed as an
               EC50, that is less than 100 mg/litre; and

        (iii)  to algae, using the test mentioned in paragraph (p) of Part C
               of the Schedule to the Act, and expressed as an EC50, that is
               less than 100 mg/litre.

"(3) A chemical to which subsection 23 (7) or (9) applies must meet the
criterion mentioned in paragraph (2) (a).

"(4) For a chemical to which section 24A of the Act applies, carbon or silicon
must be its largest component. Introduction of chemical-prescribed matters
(Act, s. 30A)

"7C. (1) For paragraph 30A (4) (g) of the Act, the Director must take account
of the likelihood of the chemical being released:

   (a)  into a water treatment works at a rate more than:

        (i)    10 kilograms each year from an individual source; or

        (ii)   50 kilograms in total; or

   (b)  directly into a natural waterway.

"(2) However, paragraph (1) (a) does not apply to a chemical:

   (a)  to which subsection 23 (7) or (9) of the Act applies if:

        (i)    the chemical meets the criteria mentioned in paragraphs 7B (2)
               (b) and (c); and

        (ii)   the person who introduces the chemical has information
               available that shows that those criteria are met; or

   (b)  to which subsection 23 (4) or (8) of the Act applies.".