IChEMS cracks down on PFAS: what you need to know before January 2027

DCCEEW has revised the IChEMS Register to add 21 chemicals across several schedules, including a number of per- and polyfluoroalkyl substances (PFAS), and these changes may affect your business.

In June 2026, the Department of Climate Change, Energy, the Environment and Water (DCCEEW) published the Industrial Chemicals Environmental Management (Register) Amendment (2026 Measures No. 1) Instrument 2026, following public consultation from March to April 2026.

This amendment modifies the 2022 Industrial Chemicals Environmental Management (Register) Instrument by adding 21 new chemicals to the schedules under the Industrial Chemicals Environmental Management Standards (IChEMS), and among those additions are seven per- and polyfluoroalkyl substances (PFAS). These changes will take effect on 1 January 2027, and businesses have only a short timeframe to ensure they’re compliant.

What is IChEMS?

IChEMS is Australia’s national framework for managing the environmental risks of industrial chemicals, and it applies to all chemicals manufactured, imported, used or exported for industrial purposes. It does not regulate chemicals used in food, therapeutic goods, agricultural or veterinary products, which fall under separate schemes.

Chemicals are assessed and listed on the public IChEMS Register, which records scheduling decisions and any risk management measures attached to them, including prohibitions, restrictions and conditions on use. Businesses that manufacture, import, use or export a listed chemical, or products and articles containing it, are expected to check the Register and comply with any measures that apply.

IChEMS is administered by DCCEEW and its obligations are enforced federally, and all Australian states and territories have agreed to implement IChEMS through their environmental protection frameworks to make it legally enforceable[1]. New South Wales, the ACT, Victoria and Queensland have already introduced these changes to their legislation and businesses that fail to comply with IChEMS standards can risk penalties.

Every chemical listed on the IChEMS Register is assigned to one of seven schedules, based on its assessed risk to the environment[2]. Schedule 1 covers chemicals of very low or no environmental concern, and risk increases through to Schedule 7, which is reserved for chemicals assessed as likely to cause serious or irreversible environmental harm.

All listed chemicals, regardless of schedule, are subject to the IChEMS Minimum Standards, which are baseline requirements for environmental management. Chemicals in the higher schedules attract additional, chemical-specific risk management measures set out in the Register. Manufacture, use, import and export of chemicals assigned to Schedule 7 is prohibited.

Schedule 7 versus Schedule 5: What is the practical difference?

For both local and international manufacturers, understanding the distinct obligations for Schedule 5 versus Schedule 7 chemicals is essential.

The three chemicals listed as Schedule 7 (PFHpS, PFNS, and PFDS) will be prohibited outright from 1 January 2027. Any product, mixture or article containing these substances above the applicable trace threshold cannot be manufactured, imported, used or exported in Australia after that date, other than under a specific exception.

Businesses that manufacture or import firefighting foams, surface coatings, metal finishing chemicals, printing inks or industrial cleaning products should check formulations now, because reformulation and supplier changes can take considerably longer than the time remaining before the deadline.

On the other hand, Schedule 5 chemicals are identified as likely to cause harm to the environment. This is a mid-tier hazard finding and a public listing. These chemicals are subject to the IChEMS Minimum Standards, and may have additional measures applied to manage specific risks, but it is not a prohibition nor an essential-use restriction.

Businesses using the four Schedule 5 listed PFAS (FTS, PFBS, PFHpA, PFPeS) should treat the listing as an early warning rather than a compliance deadline, document their use of the substances, and watch for any future proposal to escalate them to a higher schedule. 

The industries most likely to be affected are firefighting services and aviation and airport operators that have historically used AFFF-based foams. Metal finishing, electroplating and surface coating businesses, manufacturers and importers of industrial cleaning products, printing inks and textile treatments, and waste and remediation contractors managing legacy PFAS-impacted sites or materials will also need to track disposal obligations for the newly listed substances.

Businesses further down the supply chain, such as retailers and users of finished products, may also need to seek supplier assurances that formulations do not contain the newly restricted PFAS.

To ensure they are compliant when the deadline rolls around, businesses should be asking:

• Do you manufacture, import, use or export PFHpS, PFNS or PFDS, or any product, mixture or article containing them?
• Have you reviewed your chemical inventories, safety data sheets and supplier declarations against the full list of newly scheduled PFAS, not just the three chemicals banned in 2025?
• Do you use any Schedule 5 PFAS (FTS, PFBS, PFHpA, PFPeS), including as substitutes introduced after the 2025 ban, and are you meeting the minimum standards that apply to them?
• If you rely on legacy firefighting foam stocks, coatings, or industrial chemicals that may contain any of these seven PFAS, what is your transition and disposal plan?
• Do your procurement and due diligence processes require suppliers to confirm PFAS content against the current version of the IChEMS Register?
• Are you monitoring the Register for further scheduling decisions that could move Schedule 5 PFAS into a higher schedule?

The DCCEEW has already begun consultations on a further ten proposed scheduling decisions[3], with submissions closing on 23 October 2026. Among those proposed decisions, long chain perfluorocarboxylic acids (LC PFCAs) could be added to Schedule 6 and may be restricted to essential use only.

As the regulatory landscape evolves, it’s essential for businesses to stay informed and ensure that their risk assessments and management approaches align with the current regulations.

If you’re not sure where to start, our multidisciplinary team have extensive experience in PFAS investigation, risk assessment and regulatory engagement, and our expert consultants can walk you through your obligations under the current regulatory framework, design investigation programs, and develop practical management and remediation strategies that are both technically defensible and practical.