Document ID: chunk:federal_register_of_legislation:F2023L01689:clause:6_3:p13
Version: federal_register_of_legislation:F2023L01689
Segment Type: clause
Provision Reference: sch 6 cl 3 (pt 13/18)
Character Range: 124695–131613

Waste consisting of, containing or contaminated by the chemical at a concentration that is equal to, or greater than, 1 mg/kg for PFOS and its salts or 40 mg/kg for the sum of PFOS-related compounds must be either:
                                                                                                                                                                                                                                                                                                                                              (i) treated in such a way as to ensure that the chemical 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 containing or contaminated by the chemical at a concentration of less than 1 mg/kg for PFOS and its salts or 40 mg/kg for the sum of PFOS-related compounds 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 chemical, subject to paragraph (h).
                                                                                                                                                                                                                                                                                                                                          (h) In carrying out disposal, the chemical may be isolated from the waste, provided that the chemical 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 2025.
Perfluorooctanoic acid (PFOA), including any of its branched isomers, its salts and any related compound that contains a linear or branched perfluoroheptyl (C7H15C) group and which can degrade to linear or branched PFOA. Notwithstanding the above, the following are not PFOA-related compounds:                                     (b) The import, export and manufacture of the chemical (whether on its own or in mixtures or in articles) are prohibited except:
(a) C8F17-X, where X = F, Cl, Br;                                                                                                                                                                                                                                                                                                             (i) in circumstances where the chemical is present as unintentional trace contamination at the following levels (to be reviewed by the department by 1 July 2027):
(b) fluoropolymers that are covered by CF3 [CF2]n-R', where R'=any group, n >16;                                                                                                                                                                                                                                                                (A) a level equal to or below 0.025 mg/kg for PFOA and its salts; or
(c) perfluoroalkyl carboxylic acids and their derivatives with ≥ 8