Reminder: new PFAS ban commences on 1 July 2025

Three types of "forever chemicals", PFOS, PFOA and PFHxS, are listed in the Industrial Chemicals Environmental Management Standard (IChEMS) Register, schedule 7, effective from 1 July 2025.

The listing of a chemical in schedule 7 of the IChEMS Register means that the chemical is of the highest risk of causing serious or irreversible harm to the environment.

The problem with PFAS (per-and polyfluoroalkyl substances) is that they do not break down readily in the environment, can travel long distances through soil and water and can get into groundwater. Evidence indicates that PFAS levels "build up in animals and humans and remain for many years in the human body", according to the Expert Health Panel for PFAS Summary Report.

What activities does the ban apply to?

The IChEMS Register sets out prohibitions where PFAS (either by itself or contained in a mixture, or in an article) is imported, exported, manufactured or used.

Exemptions are available if the presence of PFAS is only as an unintentional trace contaminant at certain defined levels of concentration stated in schedule 7. Other exemptions apply where the PFAS is for a research or laboratory purpose, imported under a hazardous waste permit, or where the PFAS is in an article that was in use on or before 1 July 2025.

Specific advice should be sought by businesses that trade in or use goods that contain PFAS.

What happens if PFAS is present?

Listing of the PFAS chemicals in the IChEMS Register does not actually create the ban. Rather, it is up to each jurisdiction to adopt the IChEMS in its own legislation.

What is the status of IChEMS implementation across Australia?

At present, the Commonwealth, States and Territories are at varying stages of implementing the IChEMS. The recent Interim Report by the Senate's Select Committee on PFAS indicates that this is an area of growing regulation across Australia. Currently however, only two States have specifically implemented the prohibitions:

• Queensland has incorporated the IChEMS as a component of the general environmental duty under section 319A of the Environmental Protection Act 1994. Failure to comply with a risk management measure for a chemical in the IChEMS Register is "deemed non-compliance" with the general environmental duty, which is an offence. In the case of PFAS, the risk management measure is that the chemical is prohibited unless an exemption applies.

• New South Wales has adopted the IChEMS Register under the Protection of the Environment Operations Act 1997 as the "NSW IChEMS Register: (which may be modified by regulation). Part 9.3E, division 1, of that Act contains:

  • an offence for doing a thing in relation to an industrial chemical on the NSW IChEMS Register if doing the thing is prohibited by the register (section 296C); and

  • provisions that make the use of an industrial chemical in a way that contravenes the risk management measures contained in the NSW IChEMS Register a "pollution incident" (section 296B), which can be enforced by the NSW EPA.

• Other States have not yet introduced legislation to implement the ban.

The Commonwealth has not yet implemented IChEMS, but the Interim Report indicates that legislation to implement it at the border and on Commonwealth sites is under development.

Businesses that trade in, manufacture or use PFAS or goods containing PFAS should seek specific advice ahead of the 1 July ban.