Document ID: chunk:federal_register_of_legislation:F2023L01689:clause:6_3:p8
Version: federal_register_of_legislation:F2023L01689
Segment Type: clause
Provision Reference: sch 6 cl 3 (pt 8/18)
Character Range: 86859–94962

recovery, recycling, reclamation or re-use of the class of chemicals, subject to paragraph (h).
                                                                                                                                                                                                                                                                                                                                          (h) In carrying out disposal, the class of chemicals may be isolated from the waste, provided that it is subsequently disposed of in accordance with paragraphs (e) and (f).
                                                                                                                                                                                                                                                                                                                                          (i) If an activity in relation to the class of chemicals, or an article containing the class of chemicals, is not permitted under paragraph (b) or (c), a holder of a stockpile of the class of chemicals must:
                                                                                                                                                                                                                                                                                                                                              (i) notify the relevant agency responsible for environmental protection of the nature and size of the stockpile; and
                                                                                                                                                                                                                                                                                                                                              (ii) manage that stockpile as waste in accordance with paragraphs (e) and (f); and
                                                                                                                                                                                                                                                                                                                                              (iii) comply with all relevant laws that apply in the relevant jurisdiction.
                                                                                                                                                                                                                                                                                                                                          (j) The IChEMS Minimum Standards must be complied with.

Class name:                                                                                                                                                                                                                                                                                                                               (a) This entry comes into effect on 1 July 2024.
Pentabromodiphenyl ether and tetrabromodiphenyl ether (pentaBDE and tetraBDE)                                                                                                                                                                                                                                                             (b) The import, export and manufacture of the class of chemicals (whether on its own or in mixtures or in articles) are prohibited except:
                                                                                                                                                                                                                                                                                                                                              (i) for chemical substances - in circumstances where the class of chemicals is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027):
                                                                                                                                                                                                                                                                                                                                                (A) sum of all tetraBDE congeners: equal to or below 10 mg/kg; and
CAS numbers: 40088-47-9 (tetrabromodiphenyl ether – unspecified congeners), 32534-81-9 (pentabromodiphenyl ether – unspecified congeners). All 46 pentabrominated congeners and all 42 tetrabrominated congeners are included in the definition.                                                                                                (B) sum of all pentaBDE congeners: equal to or below 10 mg/kg; or
                                                                                                                                                                                                                                                                                                                                              (ii) for electrical and electronic equipment – in circumstances where polybrominated diphenyl ethers (PBDEs) are present in homogeneous materials contained within such electrical and electronic equipment at a level equal to or below 1000 mg/kg as the sum of all mono- to decaBDE congeners inclusive (to be reviewed by the department by 1 July 2027); or
                                                                                                                                                                                                                                                                                                                                              (iii) for articles other than those mentioned in subparagraph (b)(ii) - in circumstances where PBDEs are present in the article as an unintentional trace contaminant at a level equal to or below 500 mg/kg as the sum of all tetra-, penta-, hexa-, hepta-, octa-, nona- and decaBDE congeners (to be reviewed by the department by 1 July 2027); or
                                                                                                                                                                                                                                                                                                                                              (iv) for research or laboratory purposes; or
                                                                                                                                                                                                                                                                                                                                              (v) if a hazardous waste permit authorises the import or export of the class of chemicals.
                                                                                                                                                                                                                                                                                                                                          (c) The use of the class of chemicals (whether on its own or in mixtures or in articles) is prohibited except:
                                                                                                                                                                                                                                                                                                                                              (i) for chemical substances – in circumstances where the class of chemicals is present as unintentional trace contamination at the following levels (to be reviewed by the