Legislation

Notifiable chemical orders


Notifiable chemical orders (NCOs) are subordinate legislation created under section 30D of the Environment Protection Act 1970. Subordinate legislation provides more detailed requirements and guidance for the application of the Act to Victoria.

These Orders are created if the Governor in Council is of the opinion – on the recommendation of EPA – that an NCO is necessary to prevent or abate a serious environmental hazard from one or more chemicals. The Governor in Council makes orders through publication in the Victorian Government Gazette.

An NCO will declare a chemical to be a notifiable chemical, and either totally prevent or create conditions relating to the storage, handling, use or supply of that chemical. Contravention of the requirements set out in an NCO may lead to a finding of guilt for a criminal offence.

These are the NCOs currently administered by EPA:

Order Relating to Notifiable Chemicals (Chlorine Compounds)
Order Relating to Notifiable Chemicals (Arsenic and Arsenic Compounds)
Order Relating to Notifiable Chemicals (Polychlorinated Biphenyls-PCBs)
Orders Relating to Notifiable Chemicals (Organotin Antifouling Paint)

Order Relating to Notifiable Chemicals (Chlorine Compounds)

This Order was gazetted as:

The Order declares the following chemicals to be notifiable chemicals:

  • trichlorofluoromethane CFCl3 (CFC-11)
  • dichlorodifluoromethane CF2Cl2 (CFC-12)
  • trichlorotrifluoroethane C2F3Cl3 (CFC-113)
  • dichlorotetrafluoroethane C2F4Cl2 (CFC-114)
  • monochloropentafluoroethane C2F5Cl (CFC-114)
  • bromochlorodifluoromethane CBrClF2 (Halon 1211)
  • bromotrifluoromethane CBrF3 (Halon 1301).

Order Relating to Notifiable Chemicals (Arsenic and Arsenic Compounds)

This Order was gazetted as:

  • Environment Protection Act 1970 - Declaration of Notifiable Chemicals under section 30D
    No. S58, Gazette 5/6/1997, page 1
  • View the Gazette (No. S58).

The Order declares arsenic and arsenic compounds (which are contained at more than 30 milligrams per kilogram in tailings, sand or waste rock deposits resulting from the extraction and processing of gold bearing ore) to be notifiable chemicals. It also prescribes that the sale, storage, use and handling (including handling by transport other than at the site of origin) of such arsenic and arsenic compounds is prohibited without the written approval of EPA.

Order Relating to Notifiable Chemicals (Polychlorinated Biphenyls-PCBs)

This Order was gazetted as:

  • Environment Protection Act 1970 - Variation of an Order relating to Notifiable Chemicals
    No. S5, Gazette 1/2/2000, page 1
  • View the Gazette (No. S5)  (PDF file from Craftsman Press - the Victorian Government Gazette printer).

The Order declares polychlorinated biphenyls (defined as any material or waste containing polychlorinated biphenyls at a concentration of more than 2 milligrams per kilogram) to be notifiable chemicals. It prescribes the following conditions to relate to their sale, storage, handling or use:

  • The sale or supply of PCBs is prohibited without the written consent of EPA.
  • The storage, handling (including by transport) and use of PCBs is prohibited, except where an occupier of a premises undertakes these activities in accordance with an environment improvement plan (EIP) approved by EPA.
  • EPA may require an occupier to prepare an EIP by notice in writing if it is of the opinion that the activities are likely to result in an environmental hazard (otherwise prohibiting the activities unless in accordance with that plan).
  • If a premises contains more than 10 kilograms of PCBs, the occupier of the premises must notify EPA of the quantity, concentration and location of the substances.
  • Dilution of PCBs prior to disposal is prohibited without written EPA approval.
  • An occupier of a premises must obtain an EPA approved certificate from a facility receiving any PCBs for destruction or disposal.

Note: the current Order varied and subsumed the Order published on the Victorian Government Gazette No. G51 (page 3817) on 24 December 1997.

View the Gazette (No. G51)

Orders Relating to Notifiable Chemicals (Organotin Antifouling Paint)

The Order was Gazetted as:

  • Environment Protection Act 1970 - An Order relating to Notifiable Chemicals
    No. S94, Gazette 29/6/2000, page 1

View the Gazette (No. S94)  (PDF file from Craftsman Press - the Victorian Government Gazette printer).

Organotin antifouling paint is used to protect the hulls of boats, ships and other marine structures. However, it has been scientifically accepted that use of the paint may harm marine environments and ecosystems. The Order declares organotin antifouling paint to be a notifiable chemical, prohibiting and/or prescribing conditions for its sale, handling or use. For the purposes of the Order, organotin means any organic compound of tin which acts as a biocide, and organotin antifouling paint is defined to include any coating, paint or treatment containing any compound of tin registered by or permitted for use by the National Registration Authority.

Note: Prior to this Order, the Environment Protection (Organotin Antifouling Paint) Regulations 1989 controlled the use of organotin antifouling paint. However, these regulations sunsetted on 1 June 1999, and it was proposed in the following Gazette notice (No. G27, 8/7/1999, page 1603) that the above Order be created to carry out the function of the expired regulations.

View the Gazette (No. G27)  (PDF file from Craftsman Press - the Victorian Government Gazette printer). Please refer to page 31.

The above documents are also available from EPA Victoria's Library Service

Page last updated on 12 Jun 2015