Significant changes to the Industrial Chemicals Environmental Management Standard (IChEMS) Register came into effect on 1 July 2025, with the addition of three high-risk per- and polyfluoroalkyl substances (PFAS) to Schedule 7 of the Industrial Chemicals Environmental Management (Register) Instrument 2022 (IChEMS Register).
Specifically, the three chemicals that are now included within Schedule 7 are:
- PFOS (perfluorooctane sulfonate);
- PFOA (perfluorooctanoic acid); and
- PFHxS (perfluorohexane sulfonate).
Following the Commonwealth’s decision in December 2023 to list these specific PFAS subsets on Schedule 7, the manufacture, import, export, and intentional use of these substances (whether individually, in mixtures, or in finished products) are now prohibited.
PFAS are widely used in industrial and consumer products, including solvents, pesticides, and some products applied in water treatment and similar processes.
PFAS are known to persist in the environment and within living organisms for extended periods without breaking down, which is why they are often referred to as ‘forever chemicals.’ The inclusion of these three types of PFAS on the IChEMS Register aims to address the long-term harmful effects these chemicals are reported to have on both ecosystems and human health.
Effect of the addition to Schedule 7
With their inclusion on Schedule 7, the import, export, manufacture, and use of these PFAS chemicals within Australia are prohibited, except under specific limited circumstances.
Under the Industrial Chemicals Environmental Management (Register) Act 2021 (ICEMR Act) the federal government determines which chemicals and associated standards are listed on the IChEMS Register. However, it is the responsibility
of each State and Territory to adopt the IChEMS framework and establish their own compliance requirements.
Queensland was the first state to formally incorporate the IChEMS regime into legislation. Section 319A of the Environmental Protection Act 1994 (Qld) (EP Act) specifies that compliance with the risk management measures outlined in the IChEMS Register is required to fulfill the general environmental duty under the EP Act. That is to say, failure to comply with the restrictions outlined in the IChEMS Register concerning PFAS chemicals (and all other listed substances) constitutes an offence under Queensland’s EP Act and may result in substantial penalties.
Similarly, New South Wales has incorporated the IChEMS regime into its Protection of the Environment Operations Act 1997. Under this Act, failure to comply with a risk management measure specified in the IChEMS Register is deemed to have caused a pollution incident. Additionally, certain activities involving these substances may require an environment protection licence.
Exceptions to PFAS prohibition
There are certain limited exceptions to the prohibition of PFAS chemicals, including where:
- the chemical is only present in unintentional trace amounts specified in Schedule 7;
- the chemical is to be used for research or laboratory purposes;
- a hazardous waste permit authorises the import or export of the chemical; or
- the chemical is in use in an article which was already in use on or before 1 July 2025.
The IChEMS Register relates only to chemicals which have industrial uses. Therefore, the prohibition does not apply where the chemicals are used for non-industrial purposes, for example in agricultural or therapeutic industries.
Key takeaways
Local governments must adhere to the new restrictions on the import and use of PFAS chemicals to avoid breaching environmental obligations.
This is especially critical for local government service providers operating in Queensland and New South Wales, where the IChEMS framework has been formally embedded into state legislation. Both jurisdictions have established clear offences and substantial penalties for breaches, underscoring the importance of proactive compliance measures to mitigate potential
legal and financial risks.
Given the complex regulatory landscape and the significant legal consequences of noncompliance, it is essential that local governments carefully assess all supplied chemicals to determine whether they are listed under the ICEMR Act and ensure appropriate risk management measures are in place. This is particularly critical for products used in water treatment and similar processes, where PFAS chemicals are often present.
In response to the legislative changes, we have collaborated with Qldwater, the central advisory and advocacy body within Queensland’s urban water industry, to develop a practical factsheet and Manufacturer’s Declaration. These tools support chemical suppliers engaged by Qldwater members in communicating the environmental risks of industrial chemicals throughout the supply chain and help ensure compliance with IChEMS legislative requirements, including obligations under the EP Act.
View The Local Law publication here.