Chemical Control Order requirements
Seven Chemical Control Orders (CCOs) are in place in NSW for managing chemicals and chemical wastes that require extra regulation.
Chemical Control Orders continue to operate under the Protection of the Environment Operations Act 1997.
Find out more about the purpose of CCOs, Environment Protection Licence (EPL) requirements and how they are made.
Per‑ and polyfluoroalkyl substances (PFAS) are a group of manufactured chemicals that are persistent in the environment and do not easily break down.
PFAS are used in a wide range of industrial and consumer products. They can enter landfills and sewage treatment plants through waste and wastewater from households, businesses and industry. As a result, landfill leachate and treated effluent from sewage treatment plants may contain PFAS.
PFAS are of concern because they are:
- persistent in the environment
- mobile in water
- capable of accumulating over time.
Monitoring PFAS at landfills and sewage treatment plants is necessary to improve understanding of PFAS concentrations and pathways and to help protect land and water.
The Landfill and Sewage Treatment Plant PFAS Monitoring Chemical Control Order (the CCO) (PDF 262KB) is made under section 296J of the Protection of the Environment Operations Act 1997.
The CCO sets requirements for the monitoring and reporting of PFAS in:
- landfill leachate
- groundwater or surface water associated with landfills
- treated effluent from sewage treatment plants.
The CCO applies across New South Wales and will commence on 1 October 2026.
The Minamata Convention on Mercury is a multilateral environmental agreement which addresses risk management measures for mercury in the environment. Australia ratified the Convention in 2021.
The aim of the Minamata Convention on mercury (PDF 178KB) is to protect human health and the environment from releases of mercury and mercury compounds. Mercury is known to cause harmful neurological and health effects, particularly on infants and unborn children.
The Chemical Control Order provides controls and restrictions on the use and emissions of mercury and mercury containing compounds, including artisanal mining and processing.
The chemicals listed in the Scheduled Chemicals CCO includes organochlorine pesticides and industrial chemicals that are prohibited from use in NSW and are listed under the Stockholm Convention on Persistent Organic Pollutants. The Scheduled Chemicals CCO sets out requirements for managing these chemicals, including activities such as:
- processing
- storage
- transport
- disposal.
The Scheduled Chemicals CCO notes that requirements of the Contaminated Land Management Act 1997 may apply, to enable the management of legacy waste issues associated with contamination of land.
Polychlorinated biphenyl compounds (PCBs) are a class of highly persistent, bioaccumulative chemicals that were once widely used in electrical products such as transformers, capacitors and light fittings.
PCBs are listed under the Stockholm Convention on Persistent Organic Pollutants. They were phased out in Australia by the end of 2009 under the National PCB Management Plan.
The PCB CCO (PDF 58KB) sets out requirements for managing PCB materials and wastes, including activities such as:
- processing
- storage
- transport
- disposal.
Organotin waste is mainly generated by the shipping industry during the removal of antifouling paint containing organotin chemicals. Organotin was once widely used as a pesticide to control the growth of algae and other organisms on ship hulls.
Using organotin marine paint has been prohibited since 2003, following an international agreement to phase it out; however, organotin waste can still occur at ship repair premises and in adjacent areas.
Organotin is toxic in the marine environment at extremely low concentrations and has been found to:
- bioaccumulate in whales and other sea mammals
- disrupt the endocrine system of some invertebrates, leading to sterility and death.
The organotin waste CCO (PDF 23KB) only applies to wastes contaminated with organotin in marine paint. It defines the activities related to these wastes that require an EPL including:
- manufacture
- storage
- disposal.
Aluminium smelting wastes, especially those originating from spent smelting pot liners and shot blast, may be hazardous due to:
- toxicity – leachable fluoride and cyanide compounds
- corrosiveness – high pH due to the presence of alkali metals and oxides
- reactivity with water – producing toxic, explosive and flammable gases
These wastes require additional care, such as treatment prior to disposal.
The aluminium smelter wastes CCO (PDF 24KB) sets rules and triggers for licensing requirements relating to
- processing
- storage
- transport
- treatment and disposal
The CCO also defines specific conditions that must be included on the Environment Protection Licences (EPLs) including:
- securing the premises
- monitoring
- remediating sites contaminated with these wastes
Dioxins are a class of chemicals that are created through:
- burning certain types of waste
- smelting
- manufacturing some chemicals
- forest fires
- volcanic eruptions.
Dioxins are considered a threat to human and environmental health because they are bioaccumulative, persistent, and toxic at very low concentrations.
Dioxins are listed under the Stockholm Convention on Persistent Organic Pollutants (which Australia has ratified) and are managed in Australian through the National Dioxins Program. Australia generally has low levels of dioxins compared to other countries.
The dioxin-contaminated waste CCO (PDF 20KB) relates to only one member of this family: 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD), which is internationally classified as a known human carcinogen.
The CCO prohibits the disposal of 2,3,7,8-TCDD wastes. You must get an EPL from the EPA for processing, storing, selling, distributing or conveying these wastes.
The CCO sets out the details of conditions that need to be included on the licences, such as:
- environmental monitoring
- security of the premises
- potential remediation of contaminated sites.