Recently, the Australian Department of Climate Change, Energy, the Environment and Water issued the Industrial Chemicals Environmental Management (Register) Amendment (2025 Measures No. 1) Instrument 2025 under the Industrial Chemicals Environmental Management (Register) Act 2021, formally prohibiting the production, import, export, and use of the environmentally risky flame retardant decabromodiphenyl ethane (DBDPE) and the toxic heavy metal mercury and its compounds. This aims to strengthen control over industrial chemicals and reduce their potential hazards to the environment and public health.
Key control measures are as follows:
Comprehensive Ban on Decabromodiphenyl Ethane (DBDPE)
The ban covers DBDPE, chemical substances or mixtures containing DBDPE, and articles containing DBDPE. Effective from January 1, 2027.
Key Exemptions (Essential Uses): Permitted for continued use in specific areas provided fire safety standards are met and no viable alternatives exist, including:
- Aerospace applications (exempt until July 1, 2037)
- Automotive, marine, rail, and other transport applications (exempt until July 1, 2037)
- Defence applications (exempt until July 1,2033, after which it will be subject to review)
- Electrical and electronic equipment (exempt until July 1,2037)
- Building and construction materials (exempt until July 1,2037)
- Agricultural, construction, manufacturing, mining equipment and machinery (exempt until July 1,2037)
- Garden, forestry and outdoor power equipment (exempt until July 1,2037)
- Industrial machinery, non-road mobile machinery and stationary power equipment (exempt until July 1,2037)
- Replacement parts for the above areas (exempt until end-of-life of article or July 1,2052)
- Trace contamination permitted: Allowed as unintentional trace contaminants in substances/mixtures (≤10 mg/kg) or articles (≤500 mg/kg). Research, laboratory use, and waste disposal-related activities are also exempt.
Comprehensive Ban on Mercury and Its Compounds
Prohibits production, import, export and use of mercury and mercury compounds. Effective from July 1,2026.
Key Exemptions (Essential Uses): Permitted for continued use in specific areas where no viable mercury-free alternatives currently exist, including:
- Civil protection and military-critical products
- Specific switches, relays, measuring devices
- Cold cathode fluorescent lamps (CCFL) and external electrode fluorescent lamps (EEFL) for electronic displays
- Lamps generating non-visible radiation
- High-intensity discharge (HID) lamps in existing vehicles, machinery and traffic signals
- Specific fluorescent lamps (compact, non-linear, linear) and high-pressure sodium lamps, metal halide lamps (each with explicit phase-out deadlines, latest by June 1,2030)
Regulatory and Waste Management Requirements for DBDPE, Mercury and Its Compounds
- All related activities must comply with federal industrial chemical control laws and IChEMS minimum management standards.
- Importers, manufacturers and users must provide chemical information, concentrations, quantities, usage justifications, etc. as required.
- Strict waste disposal control: Producers must prevent contamination of clean waste; dilution of waste containing prohibited chemicals to circumvent thresholds is prohibited. Waste containing DBDPE (≥500 mg/kg) and mercury (≥15 mg total mercury/kg) must be disposed of using environmentally safe methods ensuring destruction or irreversible transformation. Low-concentration waste also requires environmentally safe disposal. Waste disposal must not lead to recovery or reuse of prohibited chemicals (except for specific separated disposal).
- Stock holders possessing chemicals no longer permitted for activities must declare and manage them as waste per regulations.
New Control: Aryl Sulfonate Hydrotropes
Covers aryl sulfonate hydrotropes with specified CAS numbers (26 in total), whether used alone or in mixtures. Effective from January 1,2026.
Main application areas: Coatings and coating products, personal care products, plastic and polymer products, automotive care products, etc.
Management requirement: These chemicals must be managed according to IChEMS minimum standards.
Future Review
Designated essential uses for DBDPE will be reviewed five years after ban implementation to assess appropriateness of phase-out timelines and necessity of continued exemptions.
This amendment marks a significant step by Australia in controlling persistent, bioaccumulative and toxic substances, aiming to drive industry adoption of safer alternatives and protect ecological environment and public health. Relevant enterprises must closely monitor regulation effective dates and exemption clauses to ensure compliant operations.
Further Information
