Document ID: chunk:federal_register_of_legislation:F2022L01436:reg:11
Version: federal_register_of_legislation:F2022L01436
Segment Type: reg
Provision Reference: reg 11
Character Range: 17673–20093

11  When a relevant industrial chemical has Schedule 3 risk characteristics
 (1) A relevant industrial chemical has Schedule 3 risk characteristics if the Minister is satisfied that:
 (a) the chemical does not have Schedule 7 risk characteristics or Schedule 6 risk characteristics; and
 (b) the chemical, if used in Australia in accordance with a particular assessed use for the chemical, does not have Schedule 5 risk characteristics or Schedule 4 risk characteristics; and
 (c) the chemical, if used in Australia in accordance with the particular assessed use for the chemical, has the potential to cause harm to the environment; and
 (d) the chemical satisfies subsection (2), (3), (4) or (5).
 (2) A relevant industrial chemical satisfies this subsection if:
 (a) the chemical:
 (i) is harmful, toxic or very toxic to aquatic life; or
 (ii) is likely to have an adverse effect on non‑aquatic organisms; and
 (b) either of the following apply:
 (i) the measured or predicted environmental concentration of the chemical exceeds, or would exceed, the amount equal to 1% of the acceptable level of the chemical for the environment if the chemical is used in Australia in accordance with the particular assessed use for the chemical;
 (ii) the chemical is likely to be harmful to aquatic life with long lasting effects.
 (3) A relevant industrial chemical satisfies this subsection if:
 (a) the chemical contains an inorganic component; and
 (b) the inorganic component is not in a form that is, or could become, bioavailable if the chemical is used in Australia in accordance with the particular assessed use for the chemical.
 (4) A relevant industrial chemical satisfies this subsection if the chemical has other characteristics that mean the chemical, if used in Australia in accordance with the particular assessed use for the chemical, has the potential to cause:
 (a) acute adverse effects to the environment; or
 (b) long lasting adverse effects to the environment.
 (5) A relevant industrial chemical satisfies this subsection if the Minister:
 (a) believes, on reasonable grounds, that the chemical, if used in Australia in accordance with the particular assessed use for the chemical, will have a comparable effect on the environment as other chemicals listed, or likely to be listed, in Schedule 3 of the Register; and
 (b) is satisfied it is appropriate to list the chemical in Schedule 3 of the Register.