Developments in the Regulation of Nanomaterials, Part 5 of 5 - Australia and Conclusion

A five part series by Linda Jensen

Part 5 of 5

Australia

To date, Australia has not implemented any nano-specific regulations, choosing to rely for the moment on its existing legislation concerning the use of chemical substances generally to govern the manufacture and use of nanomaterials. As is the case in other jurisdictions, the absence of distinction in the rules between conventional and nano forms of the same substance has led to questions about the adequacy of these measures to protect against potential risks posed by nanomaterials.[i]

As a result, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS), in November 2009, issued a public discussion paper for the purpose of soliciting input from industry, government and other stakeholders concerning possible regulatory approaches to the control and monitoring of nanomaterials. The paper, entitled “Proposal for Regulatory Reform of Industrial Nanomaterials”[ii], contained proposed measures which would include:

• ·      removing certain exemptions from new chemical notification requirements in the case of nanomaterials;
• ·      excluding self-assessment of risks posed by new chemicals in the case of nanomaterials, and requiring assessment by NICNAS, in order to obtain certificates and permits;
• ·      introducing reporting requirements (initially voluntary, graduating to mandatory) applicable to nano-forms of existing chemicals (those already in the Australian Inventory of Chemical Substances).

NICNAS is currently working on a legislative reform package based on public response to the proposed measures.  The process is expected to continue through 2010.[iii]

Conclusion

As this five-part series shows, the regulation of nanomaterials, though still largely in its infancy in terms of actual implementation, has become a topic of considerable interest for lawmakers and scientists in many jurisdictions. Development of more concrete measures directly addressing nanomaterials is clearly in the works in the US and France, with Australia and Europe appearing to consider whether steps in the same direction might be warranted. Manufacturers and other entities dealing with nanomaterials will therefore need to be aware of this trend and monitor legislative developments in order to ensure compliance with the applicable rules in jurisdictions where they do business as those rules evolve.

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[i] Review of the Possible Impacts of Nanotechnology on Australia’s Regulatory Frameworks (the Monash Report),September 2007, http://www.innovation.gov.au/Industry/Nanotechnology/Documents/MonashReport2008.pdf

[ii] http://www.nicnas.gov.au/current_issues/nanotechnology/Consultation%20Papers/NICNAS_Nano_PUBLIC_DISCUSSION_PAPER_PDF.pdf

[iii] Ibid., p. 17.