Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:400
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 400
Character Range: 229165–231287

400  Discharge of scheduled substances (Act s 45B)
 (1) For the purposes of paragraph 45B(1)(d) of the Act, a person may discharge a scheduled substance if the discharge occurs while:
 (a) the substance is being manufactured or mixed; or
 (b) the substance is being used for foam blowing or is contained in a foam structure that is being machined, cut, shredded or disposed of; or
 (c) an aerosol containing the substance is being used; or
 (d) a solvent containing the substance is being used; or
 (e) the substance is being used for research or analysis conducted in a laboratory; or
 (f) a device containing the substance is being used to remove a cork from a bottle; or
 (g) the substance is being:
 (i) tested to determine what the substance is, the composition of the substance or the physical or chemical properties of the substance; or
 (ii) sampled as a precursor to being tested as mentioned in subparagraph (i).
 (2) For the purposes of paragraph 45B(1)(d) of the Act, a person may also discharge a scheduled substance if:
 (a) the person is approved to:
 (i) operate a facility under regulation 114 or 306; or
 (ii) conduct a trial of a facility under regulation 115 or 307; and
 (b) the discharge:
 (i) occurs as a result of the facility operating, or the trial of the facility being conducted, in accordance with the approval relating to the facility or trial; or
 (ii) is an accidental discharge that occurs while the facility is operating, or the trial of the facility is being conducted, in accordance with the approval relating to the facility or trial.
 (3) A scheduled substance is sampled if the substance is:
 (a) extracted and transferred from equipment or a container into a sample cylinder or piece of testing equipment; or
 (b) through a process such as vacuuming, extracting or transferring, brought into the testing range of a device that detects and analyses a sample of the substance being emitted into the air in the testing range.
Note: Regulation numbers 401 to 499 (inclusive) are intentionally not used.

Division 6A.6—Scheduled substances (other than methyl bromide) used as feedstock