5Manner of production of hydrocarbons or explosives

5 Manner of production of hydrocarbons or explosives

(1) For subsection 28(7) of the Act, this regulation sets out manners in which hydrocarbons or explosives may be produced, so that the notification arrangements in subsection 28(6) will not apply. (2) The hydrocarbons or explosives may be produced in the following manner: (a) they were produced at a facility in the year before the year in which the facility is notified; (b) the manner must ensure that the hydrocarbons or explosives are the only unscheduled discrete organic chemicals produced at the facility in the year. (3) The hydrocarbons or explosives may also be produced in the following manner: (a) they were produced at a facility in the year before the year in which the facility is notified; (b) the production of the hydrocarbons or explosives must have happened at the facility where unscheduled discrete organic chemicals other than the hydrocarbons or explosives were also produced in the year; (c) the production of the hydrocarbons or explosives must have happened at the facility where the amount of unscheduled discrete organic chemicals produced at the facility in the year, without the amount of the hydrocarbons or explosives, was 200 tonnes or less; (d) the production of the hydrocarbons or explosives must have been part of operations at the facility where: (i) other unscheduled discrete organic chemicals, containing 1 or more of the elements phosphorus, sulphur or fluorine may have been produced in the year at a plant comprising, or comprising part of, the facility; and (ii) the amount of each of those unscheduled discrete organic chemical produced at the plant in the year was 30 tonnes or less.