Australia PFAS Regulatory Framework: Australia’s emerging PFAS regulatory framework imposes tightening controls on use, storage, disposal and remediation

What’s Required

1) Chemical controls on manufacture, import, and use.
At the federal level, PFAS substances are regulated through industrial chemicals law and international obligations under the Stockholm Convention on Persistent Organic Pollutants. Australia has committed to restricting and phasing out certain PFAS, particularly PFOS, PFOA, and related compounds. Compliance obligations include:

• prohibition or restriction on the manufacture and import of listed PFAS;

• strict conditions for any permitted uses, typically limited to essential or legacy applications;

• obligation to transition to alternatives where available.
  Businesses must actively verify whether PFAS used in products, processes, or inputs are subject to prohibitions or conditions.

2) Environmental protection and pollution offences.
PFAS releases are treated as serious environmental contamination under state and territory environmental protection laws. Obligations typically include:

• duty to prevent environmental harm from PFAS;

• immediate notification of pollution incidents;

• implementation of controls to prevent discharge to land, surface water, or groundwater.
  Because PFAS are persistent and mobile, even historical releases can trigger current compliance action.

3) Contaminated land investigation and remediation duties.
Where PFAS contamination is identified, landholders and operators may be subject to:

• site investigation notices;

• remediation orders;

• long-term monitoring requirements.
  These obligations apply regardless of whether the contamination was lawful at the time it occurred. Liability is often strict and retrospective.

4) Waste classification, transport, and disposal controls.
PFAS-containing materials are increasingly classified as regulated or hazardous waste. Compliance requires:

• correct waste classification and tracking;

• use of licensed transporters and disposal facilities;

• avoidance of disposal pathways that risk further PFAS mobilisation, such as inappropriate landfilling or reuse.
  Incorrect disposal is a common enforcement trigger.

5) Water protection and human exposure controls.
Water authorities and health regulators have adopted guideline values for PFAS in drinking water and environmental waters. While guidelines are not always statutory limits, they are routinely enforced through licence conditions, remediation orders, and development approvals.

6) Governance, disclosure, and sustainability risk management.
PFAS risk increasingly intersects with ESG, due diligence, and disclosure obligations. Companies are expected to:

• identify PFAS risks in assets, supply chain,s and legacy operations;

• manage transition and remediation liabilities;

• ensure public statements and sustainability disclosures accurately reflect PFAS exposure and controls.
  Failure to disclose material PFAS risks can trigger corporate and investor law exposure.

Important Deadlines

• International phase-out milestones: binding under international conventions and implemented domestically through regulation.

• Regulator-directed timelines: investigation, notification, and remediation deadlines specified in notices or licences.
  There are no general grace periods once PFAS contamination or unlawful use is identified.

Current Status

Australia’s PFAS regulatory controls are active and tightening. Restrictions on key PFAS substances are in force, and environmental regulators increasingly prioritise PFAS contamination, waste handling, and legacy site management as enforcement priorities.

Penalties for Non-Compliance

• civil and criminal penalties under environmental protection laws;

• remediation and clean-up orders with potentially significant cost exposure;

• operational restrictions or site shutdowns;

• reputational damage and litigation risk.
  Because PFAS impacts are long-term, enforcement consequences can extend for decades.

Examples of Known Violations

Common PFAS-related compliance failures include:

1. continued use of PFAS-containing products after restrictions apply;

2. failure to notify regulators of known or suspected PFAS contamination;

3. inappropriate disposal of PFAS-impacted soils or materials;

4. reliance on outdated risk assumptions inconsistent with current guidance;

5. omission of PFAS liabilities from environmental and sustainability disclosures.

Resources

• https://www.dcceew.gov.au/environment/protection/chemicals-management/pfas

• https://www.legislation.gov.au/Details/F2023L00452

• https://www.health.gov.au/resources/publications/pfas-health-based-guidance-values