Chemicals and plastics regulation

report

Chemicals and plastics regulation

Research report

This research report was released on 7 August 2008.

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  • Chemicals and plastics contribute to our wellbeing, but some can pose substantial risks to health and the environment. Government intervention to manage risks is warranted where benefits materially exceed costs.
  • Chemicals regulations are generally grafted onto (differing) state and territory Acts that deal with public health, workplace safety, transport safety, environment protection and national security.
  • Current regimes are broadly effective in managing risks to health and safety, but are less effective in managing risks to the environment and national security. Efficiency can be improved through national uniformity in most areas.
  • The Commission proposes building a governance framework that enhances national uniformity by addressing failures at four levels.
  • Level 1 - policy development and regime oversight. A national function through ministerial councils supported by intergovernmental agreements:
    • chemicals policy coordination should be supported by an officer-level, cross council standing committee on chemicals.
  • Level 2 - assessment of chemical hazards and risks. An Australian Government science-based function undertaken under statutory independence:
    • the industrial chemicals agency should undertake assessments, not set risk management standards.
  • Level 3 - risk management standards setting. A national function by expert member agencies operating within the policy frameworks of the ministerial councils:
    • poisons scheduling should be separated from drugs
    • maximum residue levels for domestically produced foods that are set by APVMA should be automatically included in the food standards code, with right of change by FSANZ and the Australia and NZ Food Regulation Ministerial Council
    • while replacement of the workplace safety agency (ASCC) by an independent agency is supported, it should not be a tripartite representative body
    • the effectiveness of new model regulations for transport needs to be monitored
    • an environmental risk management standards body should be established
    • risk management of chemicals of security concern (including ammonium nitrate) should adopt the Commission's governance framework.
  • Level 4 - administration and enforcement. Generally jurisdiction specific:
    • all standards should be adopted in a uniform or nationally consistent manner by administering agencies
    • control of use of agvet chemicals should be consolidated under the APVMA but delivered through service level agreements by the states and territories.
  • Australia should defer adopting the Globally Harmonised System of Classification and Labelling of chemicals until the benefits from trade can be demonstrated.

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