If you thought you weren’t impacted by the IChEMS reforms, think again

What is the IChEMS Register?

As discussed in our previous publications in May 2024 and October 2024, the IChEMS Register was established by the Commonwealth in 2021. It sets out prohibitions and controls on the importation, exportation, use, storage, manufacture and disposal of certain chemicals, including articles and mixtures containing those chemicals.

In 2024, new chemicals were added to the IChEMS Register. These chemicals include certain Per- and polyfluoroalkyl substances (or PFAS), Polychlorinated biphenyls (PCBs) and Hexachlorobenzene.

From 1 July 2025, the prohibitions and controls in the IChEMS Register in relation to the recently added chemicals will come into effect.

The States and Territories have agreed to implement the requirements of the IChEMS Register into their respective laws.

How have the requirements of the IChEMS Register been implemented in NSW?

In line with the above, the NSW Environment Protection Authority (the EPA) has made several amendments to the POEO Act, which most notably include:

• Establishing the NSW IChEMS Register, which currently mirrors the Commonwealth IChEMS Register.
• Adding a new scheduled activity, being that of “Environmentally Hazardous Chemicals”.
• Inserting new provisions making it a criminal offence to fail to comply with the requirements of the IChEMS Register, unless the activity is authorised by an Environment Protection Licence (EPL).

As a result of these amendments, any entity using, storing, disposing of or manufacturing a chemical (or any item/substance containing the chemical) listed on the IChEMS Register may potentially need to hold an EPL.

So what are the key changes coming into effect from 1 July 2025?

From 1 July 2025, Schedule 7 of the IChEMS Register will come into effect, and from that date:

• Prohibition on importation/exportation: It will be unlawful to import or export a chemical (including an article or mixture containing a chemical) listed in Schedule 7 of the IChEMS Register, unless an exception applies. For example, in many cases, it will be unlawful to import an article containing PFAS.
• New requirement for an EPL: Any entity interacting with a chemical listed in Schedule 7 of the IChEMS Register in NSW may need to hold an EPL. Consistent with this, a number of entities (including waste facilities, developers, manufacturers and utilities) have already applied for and obtained amendments to their EPL or obtained a new EPL authorising their activities.
• Additional management measures: Any entity interacting with a chemical listed in Schedule 7 of the IChEMS Register may need to implement additional management measures. For example, there are specific requirements in relation to the treatment, storage, management and disposal waste contaminated with certain PFAS.

Why are the impacts of these reforms so broad?

For three reasons.

Firstly, the prohibitions and restrictions in the IChEMS Register do not just apply to the raw chemical, but also any article or mixture containing the chemical.

Secondly, Schedule 7 of the IChEMS Register now includes certain PFAS, and PFAS has been widely used and is ubiquitous in the environment. Consequently, many activities cannot avoid interacting with PFAS, including works involving PFAS contaminated soil, water and waste.

Thirdly, the term “use” in the IChEMS Register is extremely broadly defined. Consequently, merely storing, transporting, handling, sampling and disposing of a listed chemical (or article or mixture containing the chemical) can trigger the application of the IChEMS Register and the associated provisions of the POEO Act.

For example storing, handling or disposing leachate that contains PFAS chemicals would be sufficient to comprise the ‘use’ of those chemicals.

Next steps

Particularly as 1 July 2025 is fast approaching, many clients and industries are examining how their operations interact with the chemicals listed on the IChEMS Register, and what they need to do to ensure that they are compliant.

This involves consideration of, amongst other things, whether:

• Any of the exceptions in the IChEMS Register apply.
• An application to the EPA in relation to an existing or new EPL needs to or should otherwise be made.
• Changes to operations and/or supply chains are warranted.

Please contact Sarah Mansfield, Nick Brunton or Anneliese Korber in our Environment and Planning Team if you would like any further information about how the IChEMS Register might impact your particular situation.