Controlled use (export only) permit

Eligibility criteria

Industrial chemicals will be eligible for the controlled use (export only) permit (EOP) if the entire quantity of the new chemical:

  • imported into Australia will be exported
  • imported into Australia for use in formulating  products will be exported
  • manufactured in Australia will be exported
  • manufactured in Australia for use in formulating products will be exported.

An EOP is available where you can demonstrate the chemical is low risk. Under the highly controlled criteria, you must have sufficient control measures in place to prevent exposure to workers and the public and release to the environment.

An EOP lasts for a maximum of 3 years. You can renew it if there is no significant change in circumstances.

Chemicals prohibited or severely restricted under Australia's international obligations are not eligible for an EOP (for example, new chemicals with persistent organic pollutant characteristics, which include persistence and bioaccumulation).

Learn more here about persistent organic pollutants criteria

Application requirements

Apply for a controlled use (export only) permit [Word 189 KB]

Fee

$4,600

Payment is required at the time of applying.

For introduction volumes exceeding 10 tonnes per year, you need to provide all available toxicological and eco-toxicological data with your application. We might ask for additional toxicological and eco-toxicological information to determine 'no unreasonable risk'.

Joint applications can be made with the fee shared between the applicants or notifiers.

You can apply to have certain information exempt from being published in the Chemical Gazette (for confidentiality reasons) on Form1-EOP. If accepted, only certain information will be published. You do not have to request exemption for data items not published.

Assessment process and permit conditions

There is no statutory deadline for NICNAS to issue an EOP. However, NICNAS aims to complete the process within 20 days of receiving your completed application, provided you have met the requirements of the Act.

You are bound by the permit conditions, which require you to notify NICNAS if:

  • the function or use of the chemical has changed, or is likely to change, significantly
  • a chemical subject to an EOP permit for import has begun to be manufactured
  • the method of manufacture has changed, or will be changed, resulting in possible increased risk of adverse occupational health and safety, public health or environmental effects
  • you become aware of additional information relating to adverse occupational health and safety, public health or environmental effects of the chemical.

You must notify NICNAS within 28 days of becoming aware of any changed circumstances.

EOPs include these standard permit conditions (in addition to recommendations specific to individual chemicals):

  • total quantity of chemical that can be introduced in a year
  • length of time the permit will remain in force
  • need to:
    • use the chemical in accordance with all relevant state or territory occupational health and safety, public health,  environmental and poisons legislation
    • prevent or, where this is not practicable minimise, the risks to human health where a suitable and sufficient workplace risk assessment indicates that control measures are necessary and that control of exposure to workers is adequate
    • inform workers who will be exposed to the chemical and products containing it  that it is being introduced into Australia under a permit
    • make the (M)SDS for the chemical available at all sites where the chemical is used
    • include in the (M)SDS for the chemical, and products containing it, advice that the chemical is being manufactured or imported under an EOP permit granted under Section 22F (Controlled Use - Export only) of the Act, with this suggested wording: '[name of chemical] s being introduced under a permit granted under Section 22F of the Industrial Chemicals (Notification and Assessment) Act 1989.'
    • dispose of waste in accordance with Australian Government, state and territory government and local government regulations.

NICNAS may, by written notice, cancel a permit, impose further conditions or revoke or vary any condition. Under the Act, you can be penalised if you contravene any permit condition without good reason.

Note: Chemicals that are the subject of an EOP permit are not eligible to be listed on the AICS.

Publication

We publish EOP permit notices in the Chemical Gazette, including:

  • name of the chemical (or trade name)
  • whether the chemical is a hazardous substance
  • name and postcode of the company to which the permit is issued
  • duration of the permit (maximum three years)
  • general use of the chemical.

Annual reporting and record keeping

You must keep records to support any statement made in, or in connection with, your application for 5 years from the date your certificate is issued.

Annual reporting is required on or before 28 September of the following registration year, stating:

  • name of the chemical for which the permit or certificate is issued
  • volume of the chemical introduced during the year
  • any adverse effect of the chemical on occupational health and safety, public health or the environment of which you have become aware during the year.

Learn more about annual reporting

Renewing your EOP permit

You can renew your EOP permit any number of times provided certain criteria under the Act are met.

Last update 29 July 2018