New scheduled activities for environmentally hazardous chemicals
The Protection of the Environment Operations Act 1997 (POEO Act) includes new scheduled activities for environmentally hazardous chemicals for premises based and non premises-based activities.
The new scheduled activities include:
An activity regulated by a chemical control order in relation to a chemical
Environment protection licences now regulate activities under a chemical control order for premises based and non premises-based activities. These activities were previously regulated under the Environmentally Hazardous Chemicals Act 1985 (EHC Act). See Converting EHC licences to environment protection licences.
An activity involving the use or manufacture of an industrial chemical listed in Schedule 6 or 7 of the IChEMS Register in certain circumstances
Industrial chemicals listed in Schedules 6 or 7 of the IChEMS Register are the most harmful and pose the greatest risk to the environment.
For this reason, users and manufacturers of an industrial chemical listed in Schedule 6 or 7 of the IChEMS Register must now hold an environment protection licence if:
- they are using the chemical in a scheduled activity described in Schedule 1 of the POEO Act, regardless of the scale of the activity; and
- the use of the chemical is subject to a restriction or risk management measure in the IChEMS Register.
The change ensures that the EPA can closely and consistently regulate the use and phase-out of any high-risk industrial chemicals.
Frequently asked questions
Users of an industrial chemical listed in Schedule 6 or 7 of the IChEMS Register whose activity meets the new environmentally hazardous chemicals activity and who already hold an environment protection licence, will need to apply for a licence variation which authorises the carrying out of the new activity. Users will need to hold an appropriate licence within nine months of the reforms commencing on 25 March 2024.
Industrial chemicals listed in Schedule 7 of the IChEMS Register will be phased out over time. An environment protection licence is required to enable the EPA and the licensee to manage the phasing-out of the chemical to achieve the phase out date. Existing users of a Schedule 7 chemical that are not already licenced will need to apply for a licence to continue use while arrangements are made to phase out the chemical.
An environment protection licence cannot authorise the use of a chemical that is prohibited from a certain date in the IChEMS Register.
EHC licences in force as at 25 March 2024 are now converted to environment protection licences (‘converted licences’), allowing licence holders to undertake the same activities and retain the same conditions.
A converted licence remains in force until the expiry date specified in the EHC licence unless it is revoked or surrendered earlier. The EPA will contact a converted licence holder before the expiry date about applying for a new environment protection licence, or varying an existing environment protection licence, if they have one, to continue carrying on activities regulated by the relevant chemical control order. Refer to Conversion of environmentally hazardous chemicals licences to environment protection licences.
The administrative fee units applicable to the new environmentally hazardous chemicals scheduled activities can be found in Schedule 1 of the Protection of the Environment Operations (General) Regulation 2022.