LEGISLATIVE COUNCIL Standing Committee on State Development Nanotechnology in New South Wales Ordered to be printed 29 October 2008 Report 33 - October 2008 LEGISLATIVE COUNCIL Nanotechnology in New South Wales New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Legislative Council. Standing Committee on State Development. Nanotechnology in NSW : [report] / Standing Committee on State Development. [Sydney, N.S.W.] : the Committee, 2008. – 180 p. ; 30 cm. (Report / Standing Committee on State Development ; no.33) Chair: Tony Catanzariti, MLC. “October 2008”. ISBN 9781920788209) 1. Nanotechnology—New South Wales. I. Title II. Title: Nanotechnology in New South Wales. III. Catanzariti, Tony. IV. New South Wales. Parliament. Standing Committee on State Development. Report ; no. 33 620.5 (DDC22) ii Report 33 - October 2008 STANDING COMMITTEE ON STATE DEVELOPMENT How to contact the Committee Members of the Standing Committee on State Development can be contacted through the Committee Secretariat. Written correspondence and enquiries should be directed to: The Director Standing Committee on State Development Legislative Council Parliament House, Macquarie Street Sydney New South Wales 2000 Internet www.parliament.nsw.gov.au Email [email protected] Telephone 02 9230 3504 Facsimile 02 9230 2981 Report 33 - October 2008 iii LEGISLATIVE COUNCIL Nanotechnology in New South Wales Terms of reference 1. That the Standing Committee on State Development inquire into and report on nanotechnology in New South Wales, in particular: a. current and future applications of nanotechnology for New South Wales industry and the New South Wales community b. the health, safety and environmental risks and benefits of nanotechnology c. the appropriateness of the current regulatory frameworks in operation for the management of nanomaterials over their life-cycle d. the adequacy of existing education and skills development opportunities related to nanotechnology e. the adequacy of the National Nanotechnology Strategy in the New South Wales context f. the level of community understanding of nanotechnology and options to improve public awareness of nanotechnology issues. 2. That the Committee report by 31 October 2008. These terms of reference were referred to the Committee by the Minister for Science and Medical Research, the Hon Verity Firth MP on 5 December 2008. iv Report 33 - October 2008 STANDING COMMITTEE ON STATE DEVELOPMENT Committee membership Hon Tony Catanzariti MLC Australian Labor Party Chair Hon Melinda Pavey MLC The Nationals Deputy Chair Hon Matthew Mason-Cox MLC Liberal Party Rev the Hon Fred Nile MLC Christian Democratic Party Hon Christine Robertson MLC Australian Labor Party Hon Michael Veitch MLC Australian Labor Party Report 33 - October 2008 v LEGISLATIVE COUNCIL Nanotechnology in New South Wales Table of contents Chair’s foreword x Executive summary xi Summary of recommendations xxi Glossary and acronyms xxiv Chapter 1 Conduct of the Inquiry 1 Terms of reference 1 Submissions 1 Information gathering 1 International Conference on Nanoscience and Nanotechnology 1 Briefing from Dr Clayton Teague 2 Site visits 2 Public hearings 4 Context 4 Structure of the report 5 Chapter 2 What does ‘nanotechnology’ mean? 7 The nanometre 7 What is nanotechnology? 7 What are nanomaterials? 8 Naturally occurring 8 Occurring as an unintended by-product 9 Engineered nanomaterials 9 Nanomaterials can exhibit novel properties 9 Not all nanomaterials have novel properties 10 How nanomaterials are incorporated into products 10 The potential toxicity of nanomaterials 11 Nanotechnology infrastructure 11 International definition of nanotechnology 12 Current and future applications of nanotechnology 15 Chapter 3 Regulation of nanomaterials 18 A nanotechnology moratorium? 18 vi Report 33 - October 2008 STANDING COMMITTEE ON STATE DEVELOPMENT Regulatory consistency and clarity 22 Regulatory consistency 22 Regulatory clarity 23 The current regulatory framework 25 Introduction of chemicals 26 National Industrial Chemicals Notification and Assessment Scheme (NICNAS) 26 Australian Pesticides and Veterinary Medicines Authority (APVMA) 30 Therapeutic Goods Administration 33 Food Standards Australia and New Zealand (FSANZ) 35 Occupational health and safety 39 Australian Safety and Compensation Council (ASCC) 39 WorkCover NSW 42 The environment 45 Department of Environment and Climate Change (DECC) 46 Consumer products 48 The review of the national regulatory framework 50 Review activity and potential outcomes 54 Completion of the federal review 62 The regulatory interim 64 The As Low As Reasonably Achievable approach in the workplace 65 Development of voluntary codes by industry 69 Labelling 70 Register of nanomaterial manufacturers or users 77 Chapter 4 Assessing the risks of nanomaterials 80 Measurement and characterisation 80 Current and future measurement infrastructure capacity 81 The potential toxicity of nanomaterials 84 Nanomaterials of concern 86 Assessing the hazard and risk of nanomaterials 88 OECD Working Party on Manufactured Nanomaterials 92 CSIRO NanoSafety research theme 94 Support for toxicology research 95 Networks 97 Research as you develop 100 Dedicated national toxicity testing and assessment centre 105 Chapter 5 Government approach to nanotechnology 108 Support for nanotechnology equals support for science 108 Report 33 - October 2008 vii LEGISLATIVE COUNCIL Nanotechnology in New South Wales Government departmental structure 109 Creation of a New South Wales Chief Scientist 110 Development of research and development priorities 111 Development of a long-term strategic plan to address critical research infrastructure 112 Engagement with research and development sectors 113 Improving knowledge and coordination between government science agencies 114 Improving knowledge of and accessibility to research and research infrastructure 115 Support for attracting and retaining researchers 116 A New South Wales Nanotechnology Statement 117 A New South Wales Nanotechnology Unit 121 Australian Office of Nanotechnology 121 United States National Nanotechnology Initiative 121 Nanotechnology Victoria 122 New South Wales 123 Education and skills development 128 Tertiary, vocational and technical training 128 Increasing interest in science among secondary school students 131 Chapter 6 Community understanding and awareness of nanotechnology 135 Current level of awareness and knowledge 135 Increasing public awareness and knowledge 138 Appendix 1 Submissions 147 Appendix 2 Witnesses 148 Appendix 3 Site visits 151 Appendix 4 Tabled documents 152 Appendix 5 Minutes 153 viii Report 33 - October 2008 STANDING COMMITTEE ON STATE DEVELOPMENT Tables and figures Table 3.1 Australian chemical assessment and registration agencies Page 26 Table 6.1 Among people aware of nanotechnology – level of personal knowledge Page 136 Table 6.2 Concerns regarding nanotechnology Page 137 Table 6.3 Overall perceptions of nanotechnology: trends 2005 to 2008 Page 137 Report 33 - October 2008 ix LEGISLATIVE COUNCIL Nanotechnology in New South Wales Chair’s foreword The area of nanotechnology is as broad as science itself. Products developed using nanotechnology can range from an invisible sunscreen or stain resistant clothing to revolutionary construction materials to more efficient cancer treatments and the potential for repairing damaged spinal cords. The common element to nanotechnologies is size – the nanometre, one millionth of a millimetre. Nanotechnology is an area of constant development. Many of the issues the Committee examined during this Inquiry were and are still being acted on by international, national and state agencies and departments. In this area of constant development and emerging new scientific information, the Committee can only comment on the information currently available, which is why some of our recommendations relate to future actions – how New South Wales should engage with the challenges and opportunities presented by nanotechnology. With any new technology there are concerns over safety and responsible use of products made using that technology. Any research and development in the many areas of science and industry that will be affected by nanotechnology needs to be conducted in a way that minimises the risks involved. In this report, the Committee examines the potential risks associated with nanotechnology, and the framework in existence to regulate and monitor its development. Any new regulatory frameworks for the management of nanomaterials over their life-cycle will be most effective if they are implemented nationally and applied consistently at the State and Territory level. The recommendations made by the Committee relating to the regulation of nanomaterials are therefore framed in the context of working towards a clear and consistent national response. During this Inquiry the Committee considered the usefulness of a New South Wales Chief Scientist position, to determine research priorities and to take a lead role in exciting new areas such as nanotechnology. On behalf of the Committee I wrote to the then Minister for Science and Medical Research, the Hon Verity Firth MP, in May 2008 to bring her attention to the evidence received by the Committee during its public hearings. I am pleased that the Minister confirmed the establishment of a Chief Scientist position and believe it is a positive step for the State. On behalf of the Committee, I extend my gratitude to the many people who contributed