Stockholm + Rotterdam Convention chemicals (POPs ban)
Persistent organic pollutants (PCBs, PFAS, etc.) banned / restricted under federal Acts.
Who must comply
Businesses that import, manufacture, use, export or dispose of POPs or Annex III chemicals, whether as industrial chemicals (AICIS) or pesticides and veterinary chemicals (APVMA); exporters of chemicals severely restricted or banned in Australia; and businesses exporting, importing or transiting hazardous waste containing them.
What triggers it
Introducing, using or exporting a listed POP, importing or exporting a Rotterdam Annex III chemical, exporting a chemical severely restricted or banned in Australia, or moving hazardous waste across Australia's border.
When due
Before the import, manufacture, use or export: confirm the chemical's status with AICIS or the APVMA, obtain any required consent or lodge any export notification, and hold a hazardous waste permit before the waste is exported, imported or transited.
Evidence required
Chemical identity and status checks against the Stockholm and Rotterdam lists and the IChEMS Register; AICIS or APVMA authorisations; importing-country consent or export notifications for Annex III and banned or severely restricted chemicals; hazardous waste permits with proof of ownership and control of the waste, packaging and transport arrangements, and evidence that the receiving facility is authorised.
Max penalty
Breaches are enforced under the laws that implement the conventions, including the Industrial Chemicals Act 2019, agricultural and veterinary chemicals laws, customs prohibited-goods controls and the Hazardous Waste (Regulation of Exports and Imports) Act 1989; hazardous waste cannot lawfully cross the border without a permit
Summary
Australia ratified the Stockholm Convention on Persistent Organic Pollutants (POPs) and the Rotterdam Convention on hazardous chemicals in trade in 2004. POPs, such as DDT, PCBs and some PFAS, persist in the environment and build up in food chains; Australia restricts the import, manufacture, use and export of the 12 POPs listed at ratification, and most later-listed POPs are also restricted, with many to be administered through the Industrial Chemicals Environmental Management Standard (IChEMS). Under the Rotterdam Convention's Prior Informed Consent procedure, Annex III chemicals may not be exported without the importing country's consent, and exports of chemicals severely restricted or banned in Australia need an export notification. Obligations are administered by AICIS for industrial chemicals, the APVMA for pesticides and the Australian Border Force at the border, with state and territory governments also helping to manage POPs. Where both conventions apply, the stricter Stockholm controls prevail.
Topics
Related
- CWLTHRegister + categorise industrial chemicals (Industrial Chemicals Act 2019)Importers + manufacturers of industrial chemicals must register with AICIS + categorise introductions.
- CWLTHEPBC Act — assess + approve controlled actions affecting MNESAny action likely to significantly impact Matters of National Environmental Significance needs federal approval.
- CWLTHComply with MARPOL — Protection of the Sea (Prevention of Pollution from Ships) Act 1983Ship operators must comply with MARPOL Convention implementation.
- All statesNotify + remediate contaminated land (state)State EPA regimes require notification + remediation of contaminated land.
- CWLTHMaintain mining rehabilitation bonds + closure plansState mining regimes require financial assurance bonds for site rehabilitation.
- CWLTHComply with Water Act 2007 (Cwlth) + state water entitlementsFederal Water Act + state water Acts govern water entitlement + use.
Frequently asked questions
- Who must comply with Stockholm + Rotterdam Convention chemicals (POPs ban)?
- Businesses that import, manufacture, use, export or dispose of POPs or Annex III chemicals, whether as industrial chemicals (AICIS) or pesticides and veterinary chemicals (APVMA); exporters of chemicals severely restricted or banned in Australia; and businesses exporting, importing or transiting hazardous waste containing them.
- What triggers Stockholm + Rotterdam Convention chemicals (POPs ban)?
- Introducing, using or exporting a listed POP, importing or exporting a Rotterdam Annex III chemical, exporting a chemical severely restricted or banned in Australia, or moving hazardous waste across Australia's border.
- When is Stockholm + Rotterdam Convention chemicals (POPs ban) due?
- Before the import, manufacture, use or export: confirm the chemical's status with AICIS or the APVMA, obtain any required consent or lodge any export notification, and hold a hazardous waste permit before the waste is exported, imported or transited.
- What is the maximum penalty for Stockholm + Rotterdam Convention chemicals (POPs ban)?
- Breaches are enforced under the laws that implement the conventions, including the Industrial Chemicals Act 2019, agricultural and veterinary chemicals laws, customs prohibited-goods controls and the Hazardous Waste (Regulation of Exports and Imports) Act 1989; hazardous waste cannot lawfully cross the border without a permit
- What evidence is required for Stockholm + Rotterdam Convention chemicals (POPs ban)?
- Chemical identity and status checks against the Stockholm and Rotterdam lists and the IChEMS Register; AICIS or APVMA authorisations; importing-country consent or export notifications for Annex III and banned or severely restricted chemicals; hazardous waste permits with proof of ownership and control of the waste, packaging and transport arrangements, and evidence that the receiving facility is authorised.
Source: https://www.dcceew.gov.au/environment/protection/chemicals-management/international-agreements/stockholm-convention. Rules Mate is not a law firm. Always verify against the live regulator source before acting.