Document ID: chunk:federal_register_of_legislation:F2023L01689:clause:6_3:p3
Version: federal_register_of_legislation:F2023L01689
Segment Type: clause
Provision Reference: sch 6 cl 3 (pt 3/18)
Character Range: 48462–58074

destroyed or irreversibly transformed so that the remaining waste and environmental releases do not contain chemicals that exhibit Schedule 6 or Schedule 7 risk characteristics, or
                                                                                                                                                                                                                                                                                                                                              (ii) stored or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State, where treatment in accordance with subparagraph (i) is not the environmentally preferable option.
                                                                                                                                                                                                                                                                                                                                          (f) Waste containing or contaminated by the chemical at a concentration of less than 50 mg/kg must be managed or disposed of, as soon as reasonably practicable, in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State.
                                                                                                                                                                                                                                                                                                                                          (g) Disposal must not lead to recovery, recycling, reclamation, or re-use of the chemical, subject to paragraph (h).
                                                                                                                                                                                                                                                                                                                                          (h) In carrying out disposal, the chemical 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 chemical, or an article containing the chemical, is not permitted under paragraph (b) or (c), a holder of a stockpile of the chemical 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 2023.
Hexabromobiphenyl, being chemical compounds based on the biphenyl structural element, where 6 hydrogen atoms have been replaced by bromine atoms.                                                                                                                                                                                         (b) The importation and manufacture of, and end uses for, the chemical (whether on its own or in mixtures) are prohibited except:
                                                                                                                                                                                                                                                                                                                                              (i) in circumstances where the chemical is present unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or
                                                                                                                                                                                                                                                                                                                                            (ii) for research or laboratory purposes; or
                                                                                                                                                                                                                                                                                                                                              (iii) if a hazardous waste import permit authorises the importation of the chemical.
                                                                                                                                                                                                                                                                                                                                          (c) The importation, manufacture and use of an article containing the chemical are prohibited except:
                                                                                                                                                                                                                                                                                                                                              (i) in circumstances where the chemical is present in the article unintentionally and unavoidably at a level at which the chemical cannot be meaningfully used; or
                                                                                                                                                                                                                                                                                                                                            (ii) for research or laboratory purposes; or
                                                                                                                                                                                                                                                                                                                                              (iii) if a hazardous waste import permit authorises the importation of the article; or
                                                                                                                                                                                                                                                                                                                                              (iv) in circumstances in which the article is already in use on or before 1 July 2023.
                                                                                                                                                                                                                                                                                                                                          (d) The exportation of the chemical (whether on its own or in mixtures), or an article containing the chemical, is prohibited except:
                                                                                                                                                                                                                                                                                                                                              (i) for the chemical—in circumstances where the chemical is present unintentionally and unavoidably