Changes to NICNAS Fees and Charges

From 1 July 2015, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) has introduced changes to its fees and charges. The changes are in line with recent amendments to theIndustrial Chemicals (Notification and Assessment) Regulations 1990(the Regulations) and include:

  • New fees for new chemical, AICS and PIC applications for 2015-16
  • New rules allowing the Director of NICNAS to, in certain circumstances:
  • Refund a registration payment when a registrant has paid more than the amount they were liable for;
  • Waive or refund fees payable or paid to vary data Requirements in new chemicals applications;
  • Waive the mandatory penalty for late renewal of registration;
  • Small changes to some items to correct earlier drafting errors.

The Director of NICNAS can refund a registration payment when a registrant has paid more than the amount for which they were liable. All classes of registrants are now eligible for a refund when they have overpaid because they introduced less chemicals than the projected value of their level of registration. The amount refunded will be the difference between the charge paid and the charge payable at the actual level of introduction as set out in section 80P(3) of theIndustrial Chemicals (Notification and Assessment) Act 1989(the Act).

 

New regulation 16

The Director of NICNAS can waive or refund fees to vary data requirements in new chemical applications. Currently if a notifier requests to omit or substitute any specified data item under section 24 of the Act the full fee must be paid when the application is lodged. This applies even when it is not technically possible for the notifier to conduct the specified test. This regulation allows the Director of NICNAS to waive or refund this fee in certain circumstances. NICNAS will give guidance on how the waiver or refund will work.

 

New regulation 16B

The Director of NICNAS can waive the mandatory penalty for late renewal of registration. The mandatory late penalty does not allow circumstances to be taken into account and can lead to unfair outcomes. The new regulation will allow the Director to waive the penalty:

When a registrant can demonstrate a reasonable attempt to renew by the deadline but was unsuccessful due to postal delays or other misadventure;

When a renewal takes place after the due date but before NICNAS resources are used to pursue the outstanding registration.

 

Change to subregulation 17(1)

This amendment allows a person who is not satisfied with the Director’s decision under the new regulations 14A, 16 and 16B to appeal to the Administrative Appeals Tribunal.

 

Changes to NICNAS fees and charges

The NICNAS schedule of fees for new chemical, AICS and PIC applications has been changed in line with the NICNAS Cost Recovery Impact Statement (CRIS) 2012–13 to 2015–16. Penalties for late renewal of registration have not increased and remain at 2014-15 levels. The government announced reforms to NICNAS in the 2015-16 budget. The cost of the reforms will be recovered from the regulated industry. Options for industry funding of NICNAS reforms were the subject of public consultation throughNICNAS’s 26 May 2015 discussion paper. Changes to the NICNAS registration charge are expected for the 2015-16 registration year (i.e. for registration charges due 31 August 2015). Notification of any changes and invoices for the 2015-16 registration year will be issued as soon as possible.

 

NICNAS Fees and Charges 2015-16

 

New Chemicals, AICS and PIC fees for 2015-16

Description 2014-15 fees

$

2015-16 fees

$

Certificate Applications
Standard Assessment 18,000 18,600
Limited Assessment 12,800 13,300
Polymer of Low Concern 6,000 6,200
Application for Extension of Assessment Certificate 5,500 5,700
Self-assessment Certificate Application
Self-Assessment Application Non-hazardous chemical 11,200 11,600
Self-Assessment Application Non-hazardous polymer 10,400 10,800
Polymer of Low Concern (SAPLC) Self-Assessment Application 4,100 4,200
Permit Applications
Commercial Evaluation (CEC) Permit Application 4,200 4,400
Low Volume Chemical (LVC) Permit Application 4,200 4,400
Controlled Use Permit Application (Export Only) 4,200 4,400
Controlled Use Permit Application (Other) 4,200 4,400
Application for Early Introduction Permit (EIP) 2,500 2,600
Section 30 Permit Application 9,100 9,400
Permit Renewal Applications
Commercial Evaluation (CER) Renewal Application 2,200 2,300
Low Volume Chemical (LVCR) Permit Renewal Application 2,200 2,300
Controlled Use Permit Renewal Application 2,200 2,300
Other Applications
Secondary notifications of new chemicals, other than a synthetic PLC 10,300 10,700
Secondary notifications of a new chemical that is a synthetic PLC 4,600 4,800
Alternate State Law Application 11,200 11,600
Reduced Fee Options
Approved Foreign Scheme – STD 13,200 13,700
Approved Foreign Scheme – LTD 9,600 9,900
Approved Foreign Scheme – PLC 3,700 3,800
Assessed by comparable agency – STD (was Modular – STD) 14,400 14,900
Assessed by comparable agency – LTD (was Modular – LTD) 10,300 10,600
Assessed by comparable agency – PLC (was Modular – PLC) 4,900 5,000
NICNAS previously assessed similar chemical – STD (was Modular – STD) 10,900 11,300
NICNAS previously assessed similar chemical – LTD (was Modular – LTD) 7,800 8,100
NICNAS previously assessed similar chemical – PLC (was Modular – PLC) 3,600 3,700
Group Assessment – STD (was Modular – Secondary Chemical) 4,200 4,400
Group Assessment – LTD or PLC (was Modular – Secondary Chemical) 2,700 2,800
New Chemicals Assessments
Variation of Schedule Data Requirements 2,800 2,900
Nomination of Foreign Scheme 7,700 8,000
Exempt Information 1,100 1,100
Application to Vary Assessment Report 4,400 4,600
Application to Vary Full Public Report 4,400 4,600
AICS
Confidential Listing of a New Industrial Chemical 3,700 3,800
Application to Retain Confidential Listing 3,700 3,800
Application for Early Non-confidential Listing with fee 800 850
Application to be a Holder of a Confidence 750 800
Prior Informed Consent
PIC – Export Category A 800 850
PIC – Export Category B 1,800 1,900
PIC – Import 1,800 1,900

 

Registration Late Penalty Charges for 2015-16

Registration Level

 

Introduction Value

$

2014-15

Late Penalty

$

2015-16

Late Penalty

$

A 1 – 99,999 105 105
B 100,000 – 499,999 105 105
C 500,000 – 4,999,999 200 200
D 5,000,000+ 1,980 1,980

NICNAS, 30 June 2015 ;<ahref=”http://www.nicnas.gov.au”> http://www.nicnas.gov.au ;