Document ID: chunk:federal_register_of_legislation:F2023L01689:clause:6_1:p4
Version: federal_register_of_legislation:F2023L01689
Segment Type: clause
Provision Reference: sch 6 cl 1 (pt 4/5)
Character Range: 23300–29988

and mechanisms, as considered appropriate by a relevant agency, must be established and maintained by manufacturers and users for the regular provision of monitoring data on the presence of the class of chemicals in the environment using the latest methods, techniques and equipment.
                                                                                                                                                                                                                                                                                                          (j) Users, manufacturers and importers should participate in relevant codes of practice or product stewardship programs and hold documentation demonstrating participation which should be produced if requested by a relevant agency.
                                                                                                                                                                                                                                                                                                          (k) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of waste not already containing nonaBDE and decaBDE with these substances and must not dilute nonaBDE and decaBDE waste to lower the concentration below relevant waste handling and disposal thresholds.
                                                                                                                                                                                                                                                                                                          (l) Waste consisting of, containing or contaminated with, PBDEs at a concentration that is equal to, or greater than, 500 mg/kg for the sum of tetra-, penta-, hexa-, hepta-, octa-, nona- and decaBDE congeners (to be reviewed by the department by 1 July 2027) must be either:
                                                                                                                                                                                                                                                                                                              (i) treated in such a way as to ensure that the class of chemicals is 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) managed 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.
                                                                                                                                                                                                                                                                                                          (m) Waste consisting of, containing or contaminated with PBDEs at a concentration that is less than, 500 mg/kg for the sum of tetra-, penta-, hexa-, hepta-, octa-, nona- and decaBDE congeners (to be reviewed by the department by 1 July 2027) must be managed or disposed of in an environmentally sound manner as authorised under a law of the Commonwealth or a law of a State.
                                                                                                                                                                                                                                                                                                          (n) Disposal must not lead to recovery, recycling, reclamation or re-use of the class of chemicals, subject to paragraph (o).
                                                                                                                                                                                                                                                                                                          (o) 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 (l) and (m).
                                                                                                                                                                                                                                                                                                          (p) 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 (l) and (m); and
                                                                                                                                                                                                                                                                                                              (iii) comply with all relevant laws that apply in the relevant jurisdiction.
                                                                                                                                                                                                                                                                                                          (q) The IChEMS Minimum Standards must be complied with.