Document ID: chunk:federal_register_of_legislation:F2008C00620:body:0:p8
Version: federal_register_of_legislation:F2008C00620
Segment Type: other
Provision Reference: 
Character Range: 19267–21955

the occupier consents to its release;
 (b) the participating jurisdiction is legally compelled to release it; or
 (c) it is specifically required by another State, Territory or Commonwealth data gathering program.

 (10) If paragraph (9)(c) applies, this information can only be supplied to the State, Territory or Commonwealth program that requires it.

 (11) In this clause facility does not include:
 (a) a mobile emission source (for example, an aircraft in flight or a ship at sea) operating outside the boundaries of a fixed facility;
 (b) a petroleum retailing facility engaging in the retail sale of fuel; or
 (c) a dry-cleaning facility employing less than 20 persons;
 (d) a scrap metal handling facility trading in metal, that is not engaged in the reprocessing of batteries or the smelting of metal; or
 (e) a facility, or part of a facility, engaging solely in agricultural production, including the growing of trees, aquaculture, horticulture or livestock raising unless it is engaged in:

  (i) processing of agricultural produce; or

  (ii) intensive livestock production (for example, a piggery, cattle feedlot, or poultry farm).

10 Reporting threshold – category 1, category 1a and category 1b substances

 (1) The reporting threshold for a Category 1 substance is exceeded in a reporting period if the activities of the facility involve the use of 10 tonnes or more of the substance in that period.

 (2) The reporting threshold for a Category 1a substance is exceeded in a reporting period if the activities involve the use of 25 tonnes or more of the substance in that period.

 (2A)The reporting threshold for a Category 1b substance is exceeded in a reporting period if the activities involve the use of 5 kilograms or more of the substance in that period.

 (3) In this clause, use of a substance means the handling, manufacture, import, processing, coincidental production or other use of the substance.

 (4) However, a substance is taken not to be used if:
 (a) it is incorporated in an article in a way that does not lead to emission of the substance to the environment; or
 (b) it is an article for sale or use that is handled in a way that does not lead to emission of the substance to the environment.

 (5) In working out the amount of a substance used for the purposes of subclauses (1) and (2), the occupier is not to be required to include any amount of the substance that is in a proprietary mixture or any other material unless:
 (a) for a proprietary mixture - the substance is specified in a Material Safety Data Sheet describing the properties and use of the substance, or the manufacturer's advice; and
 (b) for any other material - the occupier