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Public Consultation: Australian Government proposes Legislation of Nanomaterials
Published: Tuesday 10 November 2009
The Australian Government, Department of Health & Ageing – National Industrial Chemicals Notification Scheme (NICNAS), has launched a public consultation on a ‘Proposal for Regulatory Reform of Industrial Nanomaterials’ .
According to the Discussion Paper’s introduction, ‘[the] paper provides NICNAS’s stakeholders (the community, industry and government) with the opportunity to comment to NICNAS on a reform initiative to introduce new approaches to the regulation of industrial nanomaterials. The proposal utilises the existing NICNAS framework, and proposes some adjustments to address uncertainties in potential risks posed by these novel materials to health, safety and the environment.[...]
The proposal addresses three elements;
- Regulation of nanoforms of new chemicals;
- Regulation of nanoforms of existing chemicals;
- The principle of an integrated approach for industrial nanomaterials within the NICNAS framework as a longer term strategy.’
The discussion paper outlines a set of principles that are overarching the proposed NICNAS regulatory strategy, and goes on to address the following issues:
- What are industrial nanomaterials? (NOTE: NICNAS suggests a working definition on ‘manufactured nanomaterials')
- What is the current regulatory environment for industrial nanomaterials? (NOTE: this section is drawn from the ‘Review of the Possible Impacts of Nanotechnology on Australia’s Regulatory Frameworks’ (also called the ‘Monash Report’, published in May 2008)
- National and international activities in relation to regulation of nanomaterials (NOTE: cf. ‘Australian Government objectives for the responsible management and oversight of nanotechnology’)
The paper provides the following industrial nanomaterial reform options:
- Low volume cosmetic and non-cosmetic exemptions – not available
- Low concentration (<1%) non hazardous cosmetic exemption – not available
- Transhipment exemption – available and current requirements unchanged
- R&D exemptions – available with minor administrative change to annual reporting requirements
- Addition of a declaration by the notifier [...]
- More specific information [...]
- Nanomaterials will be administratively excluded from self-assessments [...]
- Permit conditions or specific secondary notification conditions [...]
The principle of an integrated approach for industrial nanomaterials within theNICNAS framework as a longer term strategy: Two distinct short- to medium-term activities have been identified to run concurrently to address the limitations outlined above. These are:
(a) Stream 1A – A voluntary once off, use specific reporting program, leading to…..
(b) Stream 1B – A mandatory once off, use specific reporting program,
AND
(c) Stream 2 – examine the feasibility of a mandatory notification and assessment program.
Stakeholder are invited to make comments by 5 pm on Friday, 12th February 2010; comments can be submitted in the form of answers to the specific questionnaires (Nanomaterials Questionaire; Nanomaterials Business Impact Survey; Nanomaterials Consultation Submission), or by using the designated online submission forms, which are accessible via these links: Nanomaterials Questionnaire; Nanomaterials Business Impact Survey.
Follow these links to find out more about the public consultation on NICNAS’ proposed regulatory reform, to download the full Discussion Paper, or to participate in the public consultation.
Tags: Australia, Australian National Industrial Chemicals Notification Scheme, Australian NICNAS, regulation, reporting, nanomaterial definition