On 18 August 2004, Australia became a party to two international agreements relating to the trade of certain hazardous chemicals. These agreements are the:
To implement these conventions, controls on import, manufacture, use and export have been introduced under the:
The Agvet Regulations prohibit certain activities in relation to these chemicals either absolutely or subject to conditions. The Customs Regulations complement the Agvet Regulations by introducing controls at the border. Details on the activities and the relevant controls are given below.
A notice given under section 69C of the
Agricultural and Veterinary Chemicals (Administration) Act 1992 in the Commonwealth of Australia Agricultural and Veterinary Chemical Gazette of 1 June 2004 indicated that new controls were being introduced.
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Permissions
Each of the Regulations requires a person to lodge a written application for activities requiring permission (or permits), as indicated below. An application for permission under the Agvet Regulations must include information about the applicant and specific information on the activity. In certain circumstances additional information may be required (see notice in
Agricultural and Veterinary Chemical Gazette 1 June 2004) or further information sought to allow the application to be processed.
Applications for permission to import or export chemicals that are controlled under the Agvet Regulations or the Customs Regulations should be made using the secure online permit application system. When a permit has been granted, a copy is sent to the applicant by fax and/or email and the original is posted in the mail.
Import
The import of chemicals controlled under the Stockholm Convention is prohibited, except with written permission from an authorised officer in the following circumstances:
- for environmentally sound disposal
- for use as reference standards or of quantities to be used in laboratory-scale research.
The import of chemicals listed under the Rotterdam Convention is controlled by domestic legislation administered by the Australian Pesticides and Veterinary Medicines Authority (APVMA). More information can be found on
Importing Agricultural Chemicals or Veterinary Medicines from the APVMA website.
Manufacture and use
The manufacture and use of chemicals subject to the
Stockholm Convention are absolutely prohibited except as allowed under specific exemptions or acceptable purposes under the convention.
No specific manufacture or use controls are applicable for chemicals subject to the
Rotterdam Convention, as this convention controls only import and export.
Export
The export of chemicals that are listed in the Stockholm Convention is prohibited, except with written permission in the following circumstances:
- for environmentally sound disposal
- for use as reference standards or of quantities to be used in laboratory-scale research.
The export of chemicals that are listed in the Rotterdam Convention require written permission. Permission will be granted if the export meets the requirements of the importing party and the following requirements are met:
- the importing country is a party to the convention or
- the chemical is controlled under the convention as a severely hazardous pesticide formulation, but the formulation to be exported is at a lower concentration.
If the chemical is/was subject of notification of final regulatory action by Australia (asterix in the table below), additional information will be required from the applicant. This information will be provided to the importing country prior to the granting of permission to export.
The permission to export to a party to the convention may require the exporter to fulfill certain conditions as specified in the permit.
Chemicals to which these controls apply
For those chemicals that are subject to both the Stockholm and Rotterdam Conventions, the controls imposed are those under the Stockholm Convention as these are more stringent than those imposed under the Rotterdam Convention.
Note: Methoxychlor and Oxychlordane are also listed on Schedule 9 of the Customs (Prohibited Imports) Regulations 1956 – written permission is required for import. These chemicals are
not controlled because of an obligation under any international agreement.
Chemicals listed under the Stockholm Convention
| Chemical name | CAS No. |
|---|
| Aldrin (HHDN) | 309-00-2 |
| Chlordane | 57-74-9 |
| DDT (pp’-DDT) | 50-29-3 |
| Dieldrin (HEOD) | 60-57-1 |
| Endrin | 72-20-8 |
| Heptachlor | 76-44-8 |
| Hexachlorobenzene (HCB) | 118-74-1 |
| Mirex | 2385-85-5 |
| Toxaphene (camphechlor) | 8001-35-2 |
Chemicals listed under the Rotterdam Convention
| Chemical name | CAS No. |
|---|
| 2,4,5-T | 93-76-5 |
| Alachlor | 15972-60-8 |
| Aldicarb | 116-06-3 |
| Binapacryl | 485-31-4 |
| Captafol | 2425-06-1 |
| Chlordimeform | 6164-98-3 |
| Chlorobenzilate | 510-15-6 |
| Dinitro-ortho-cresol and its salts | 534-52-1 |
| Dinoseb and its salts | 88-85-7 |
| Endosulfan | 115-29-7 |
| Ethylene dibromide (EDB) | 106-93-4 |
| Ethylene dichloride | 107-06-2 |
| Ethylene oxide | 75-21-8 |
| Fluoroacetamide | 640-19-7 |
| HCH (mixed isomers) excludes gamma isomer – see Lindane | 608-73-1 |
| Lindane (g-BHC, g-HCH) | 58-89-9 |
|
Mercury compounds - see table below | |
| Methamidophos | 10265-92-6 |
| Methazole* | 20354-26-1 |
| Methyl-parathion | 298-00-0 |
| Monocrotophos* | 6923-22-4 |
| Parathion (ethyl)* | 56-38-2 |
| Pentachlorophenol | 87-86-5 |
| Phosphamidon | 13171-21-6; 23783-98-4; 297-99-4 |
| Tribufos* | 78-48-8 |
All Tributyl tin compounds including: Tributyltin oxide Tributyltin fluoride Tributyltin methacrylate Tributyltin benzoate Tributyltin chloride Tributyltin linoleate Tributyltin naphthenate
|
56-35-9 1983-10-4 2155-70-6 4342-36-3 1461-22-9 24124-25-2 85409-17-2 |
Dustable powder formulations containing a combination of: benomyl at or above 7% and carbofuran at or above 10% and thiram at or above 15% |
17804-35-2 1563-66-2 137-26-8 |
Mercury compounds controlled under the Rotterdam Convention
| Chemical Name | CAS no |
|---|
| 2-(Acetoxymercuric) ethanol | 4665-55-8 |
| Cyano(methylmercuric) guanidine | 502-39-6 |
| Hydroxymercuri-o-nitrophenol | 17140-73-7 |
| Mercuric acetate | 1600-27-7 |
| Mercuric chloride | 7487-94-7 |
| Mercuric oxide | 21908-53-2 |
| Mercurous chloride | 7546-30-7 |
| Mercury | 7439-97-6 |
| Mercury naphthenate | 1336-96-5 |
| Mercury oleate | 1191-80-6 |
| Mercury pentanedione | 14024-55-6 |
| Mercury phenate | 588-66-9 |
| Methylmercury 2,3 dihydoxypropyl mercaptide | 2597-95-7 |
| Methylmercury 8-quinolinolate | 86-85-1 |
| Methylmercury acetate | 108-07-6 |
| Methylmercury benzoate | 3626-13-9 |
| Methylmercury hydroxide | 1184-57-2 |
| Methylmercury nitrite | 2591-97-9 |
| Methylmercury propionate | 5903-10-6 |
| N-(phenylmercuric) urea | 2279-64-3 |
| Phenylethylmercuric salicylate | 54-64-8 |
| Phenylmercuric acetate | 62-38-4 |
| Phenylmercuric ammonium acetate | 53404-67-4 |
| Phenylmercuric ammonium propionate | 53404-68-5 |
| Phenylmercuric borate | 102-98-7 |
| Phenylmercuric carbonate | 53404-69-6 |
| Phenylmercuric chloride | 100-56-1 |
| Phenylmercuric dimethyldithiocarbamate | 32407-99-1 |
| Phenylmercuric formamide | 22894-47-9 |
| Phenylmercuric hydroxide | 100-57-2 |
| Phenylmercuric lactate | 122-64-5 |
| Phenylmercuric laurylmercaptide | - |
| Phenylmercuric monoethanol ammonium acetate | 5822-97-9 |
| Phenylmercuric monoethanol ammonium lactate | 53404-70-9 |
| Phenylmercuric napthenate | 31632-68-5 |
| Phenylmercuric nitrate | 55-68-5 |
| Phenylmercuric oleate | 104-68-9 |
| Phenylmercuric propionate | 103-27-5 |
| Phenylmercuric salicylate | 28086-13-7 |
| Phenylmercuric thiocyanate | 16751-55-6 |
| Phenylmercuric threthanol ammonium lactate | 23319-66-6 |
| Phenylmercuric-2-ethylhexonate | 13302-00-6 |
| Phenylmercuric-8-quinolinate | 26114-17-0 |
*Australian notification.
Endosulfan
At the fifth meeting of the Conference of the Parties to the Stockholm Convention (COP-5) in April 2011, parties agreed to list endosulfan in Annex A to the Convention, with specific exemptions. This will mean a global phase out and ban on the import, export, production and use of the chemical for those countries that agree to the decision. Australia will need to ratify this decision before being bound by the obligations. Further information about the
Fifth Meeting of the Conference of the Parties to the Stockholm Convention.
The Australian Pesticides and Veterinary Medicines Authority (APVMA) cancelled the registration of endosulfan as an active constituent on 12 October 2010, which also included cancelling product registrations, consistent with section 44 of the Agricultural and Veterinary Chemicals Code Act 1994.This means that endosulfan products can no longer be manufactured or imported into Australia. However, the sale and use of existing stocks will be allowed until 12 October 2012. Further information is available from the
AVPMA Gazette No. 19, 12 October 2010 (page 19).
Penalties
Under the
Agricultural and Veterinary Chemicals (Administration) Act 1992 a person must not import, manufacture, use or export an active constituent for a proposed or existing chemical product or a chemical product in contravention of a condition or restriction prescribed by a regulation. A penalty of
300 penalty units may apply.
Other permissions
Granting permission under the Customs or Agvet Regulations does not replace any requirement for permission under any other legislation, including from the APVMA.
Further information
Contact information
Applications for permission to import or export chemicals that are controlled under the Agvet Regulations or the Customs Regulations should be made using the
online permit application system. Other inquiries can be directed to:
Authorised Officer
Agricultural and Veterinary Chemicals Section
Livestock Industries and Agvet Chemicals Branch
Department of Agriculture and Water Resources
GPO Box 858
CANBERRA ACT 2601
Fax: 02 6272 3025
Email: Controlled Chemicals