111Requirements for handling methyl bromide

111 Requirements for handling methyl bromide

(1) This regulation applies to a person who handles methyl bromide—

(a) for a QPS use; or

(b) for a non-QPS use if the person holds a permit granted under regulation 235 of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 of the Commonwealth.

(2) A person to whom this regulation applies must—

(a) so far as reasonably practicable replace the methyl bromide with an alternative substance or technology; and

(b) if it is not reasonably practicable to replace the methyl bromide, eliminate emissions of the ozone-depleting substance to the atmosphere so far as reasonably practicable; and

(c) if it is not reasonably practicable to eliminate emissions of the methyl bromide to the atmosphere, reduce those emissions so far as reasonably practicable.

(3) A person who handles methyl bromide in relation to fumigation for pest and disease control is taken to comply with subregulation (2)(b) and (c) if the person, so far as reasonably practicable—

(a) recovers the methyl bromide; and

(b) either—

(i) reuses, recycles or destroys the methyl bromide; or

(ii) returns the methyl bromide to the supplier for reuse, recycling, reclamation, storage or destruction.

handles includes using, having contact with, manufacturing, storing, recovering, reusing, recycling, reclaiming, processing, destroying and disposal;

QPS use has the same meaning as in the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 of the Commonwealth;

reclamation, in relation to methyl bromide, means the reprocessing and upgrading of recovered methyl bromide through such mechanisms as filtering, drying, distillation and chemical treatment in order to restore the methyl bromide to new product specification;

recycling, in relation to methyl bromide, means use of methyl bromide following any form of prior treatment or reprocessing of that methyl bromide;

reuse, in relation to methyl bromide, means use of methyl bromide following its recovery from any product or equipment without prior treatment or reprocessing;

supplier means any wholesaler, distributor or reclaimer of methyl bromide.

Commonwealth legislation may also apply to the handling of methyl bromide.

Division 4—Class 3 substances