Document ID: chunk:federal_register_of_legislation:F2022L01436:reg:9:p1
Version: federal_register_of_legislation:F2022L01436
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 12186–15002

9  When a relevant industrial chemical has Schedule 5 risk characteristics
 (1) A relevant industrial chemical has Schedule 5 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, is likely to cause harm to the environment; and
 (c) the chemical satisfies subsection (2), (3), (4), (5) or (6).
 (2) A relevant industrial chemical satisfies this subsection if:
 (a) the chemical is bioaccumulative and is either:
 (i) persistent; or
 (ii) an endocrine disruptor; or
 (b) the chemical is persistent and toxic; or
 (c) the chemical is bioaccumulative and toxic.
 (3) A relevant industrial chemical satisfies this subsection if:
 (a) the chemical is a per‑ and polyfluoroalkyl substance; and
 (b) the chemical is an endocrine disruptor.
 (4) 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) any of the following apply:
 (i) the measured or predicted environmental concentration of the chemical exceeds, or would exceed, 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 bioaccumulative or persistent and it is either very toxic to aquatic life with acute effects or very toxic to aquatic life with long lasting effects;
 (iii) the chemical is likely to be very toxic to aquatic life with long lasting effects and, if the chemical is used in Australia in accordance with the particular assessed use for the chemical, the chemical would be released into the environment.
 (5) A relevant industrial chemical satisfies this subsection if:
 (a) the chemical contains an inorganic component; and
 (b) the inorganic component is 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; and
 (c) the chemical is likely to be or do any of the following:
 (i) toxic to aquatic life with acute effects;
 (ii) toxic to aquatic life with long lasting effects;
 (iii) very toxic to aquatic life with acute effects;
 (iv) very toxic to aquatic life with long lasting effects;
 (v) accumulate causing adverse effects to the environment.
 (6) 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