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

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 could reasonably be expected to know that the substance is in the material.