Document ID: chunk:federal_register_of_legislation:F2025C00038:clause:7_1:p11
Version: federal_register_of_legislation:F2025C00038
Segment Type: clause
Provision Reference: sch 7 cl 1 (pt 11/25)
Character Range: 180592–187855

department by 1 July 2027):
                                                                                                                                                                                                                                                                                                                                         (A) sum of all hexaBDE congeners: equal to or below 10 mg/kg; and
                                                                                                                                                                                                                                                                                                                                         (B) sum of all heptaBDE congeners: equal to or below 10 mg/kg; and
                                                                                                                                                                                                                                                                                                                                         (C) sum of all octaBDE congeners: equal to or below 10 mg/kg; or
                                                                                                                                                                                                                                                                                                                                         (ii) for electrical and electronic equipment – in circumstances where 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 (c)(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) for articles – in circumstances in which the article is already in use on or before 1 July 2024.
                                                                                                                                                                                                                                                                                                                                         (d) Producers and holders of waste must undertake all reasonably practicable measures to avoid contamination of waste not already containing hexaBDE, heptaBDE and octaBDE with these substances and must not dilute hexaBDE, heptaBDE and octaBDE waste to lower the concentrations below relevant waste handling and disposal thresholds.
                                                                                                                                                                                                                                                                                                                                         (e) Waste consisting of, containing or contaminated with PBDEs at a concentration that is equal to, or greater than, 500 mg/kg as the sum of all tetra‑, penta‑, hexa‑, hepta‑, octa‑, nona‑ and decaBDE (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.
                                                                                                                                                                                                                                                                                                                                         (f) Waste consisting of, containing or contaminated with PBDEs the at a concentration of less than 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) 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.
                                                                                                                                                                                                                                                                                                                                         (g) Disposal of waste must not lead to recovery, recycling, reclamation or re‑use of the class of chemicals, subject to paragraph (h).
                                                                                                                                                                                                                                                                                                                                         (h) In carrying out disposal, the