Industrial Chemicals Environmental Management (Register) Act 2021

In making, varying or revoking a scheduling decision for a relevant industrial chemical, the Minister must have regard to the following:

if there is a single relevant Commonwealth risk assessment in relation to the chemical—that assessment;

if there are 2 or more relevant Commonwealth risk assessments in relation to the chemical—the most recent of those assessments;

any relevant risks that the chemical poses, or may pose, to the environment and how any such risks may be minimised;

any relevant risks that a relevant end use of the chemical poses, or may pose, to the environment and how any such risks may be minimised;

any relevant advice given to the Minister by the Advisory Committee;

if Australia has any relevant obligations in relation to the chemical under an international agreement specified in the rules—those obligations;

any relevant submissions made in accordance with an invitation under subsection 17(1);

any relevant information given to the Minister under subsection 19(3) or 20(3);

any such matters as are specified in the rules.

Subsection (1) does not apply to a variation of a scheduling decision for a relevant industrial chemical if the variation is of a minor nature.

For the purposes of subsection (2), a variation of a scheduling decision for a relevant industrial chemical that does no more than change the way or ways in which the chemical is identified is taken to be a variation of a minor nature.

If:

a scheduling decision for a relevant industrial chemical specified a generalised end use for the chemical in lieu of the end use for the chemical; and

a variation of the scheduling decision does no more than to specify the end use for the chemical instead of that generalised end use;