On May 8, 2025, the Australian Department of Climate Change, Energy, the Environment, and Water Resources officially notified the World Trade Organization (WTO) of its decision to classify Decabromodiphenyl Ethane (DBDPE), mercury, and mercury compounds, as well as products containing these chemicals, under Schedule 6 of the Industrial Chemicals Environmental Management Standard (IChEMS).
These substances will be prohibited from import, production, use, and export across Australia. The new regulation is set to be formally adopted on July 31, 2025, with exemptions provided for essential uses, unintentional trace residues, scientific research, environmental safety disposal, and products used before the regulation takes effect. Enterprises are required to submit feedback on the proposed standards by May 28, 2025.
Focus on Two High-Risk Chemical Categories
The control measures are based on obligations under international environmental treaties and long-term assessments of chemical environmental risks:
- Decabromodiphenyl Ethane (DBDPE): Identified as a Persistent Organic Pollutant (POP) by the Australian Industrial Chemicals Introduction Scheme (AICIS), DBDPE is widely used as a flame retardant. It accumulates in the environment over time, posing hazards. Its ban will take effect on January 1, 2027.
- Mercury and mercury compounds: Recognized globally as pollutants, mercury is listed under the Minamata Convention on Mercury. Australia had already limited its production and trade through the 2021 Mercury-Containing Products Management Rules. The new regulations further align with the amendments from the fifth meeting of the parties to the convention, enhancing lifecycle management. The mercury-related ban will be effective from July 1, 2026.
Dual Progress in Fulfilling International Conventions and Unifying Domestic Regulation
This initiative aims to fulfill Article 4 of the Minamata Convention, while achieving three main objectives through the IChEMS framework:
- Establish a nationally consistent chemical risk management system, reducing regulatory fragmentation;
- Enhance the efficiency of environmental risk management, reducing the long-term threat of pollutants to ecosystems;
- Provide a transparent and predictable regulatory environment for enterprises and the public, encouraging the development of alternative chemicals.
Since its introduction in March 2022, IChEMS, a framework jointly developed by the federal and state governments, has been progressively implemented. As jurisdictions incorporate it into legislation, Australia is set to establish a nationwide chemical risk protection network.
This proposal marks a significant step in Australia's leadership in global chemical management and serves as a reference for other parties in fulfilling the obligations of the Minamata Convention and POPs controls.
Further Information
