Section 400 - Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 - Discharge of scheduled substances (Act s 45B)

400Discharge of scheduled substances (Act s 45B)

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#### 400 Discharge of scheduled substances (Act s 45B) (1) For the purposes of paragraph 45B(1)(d) of the Act, a person may discharge a scheduled substance if the discharge occurs while: (a) the substance is being manufactured or mixed; or (b) the substance is being used for foam blowing or is contained in a foam structure that is being machined, cut, shredded or disposed of; or (c) an aerosol containing the substance is being used; or (d) a solvent containing the substance is being used; or (e) the substance is being used for research or analysis conducted in a laboratory; or (f) a device containing the substance is being used to remove a cork from a bottle; or (g) the substance is being: (i) tested to determine what the substance is, the composition of the substance or the physical or chemical properties of the substance; or (ii) sampled as a precursor to being tested as mentioned in subparagraph (i). (2) For the purposes of paragraph 45B(1)(d) of the Act, a person may also discharge a scheduled substance if: (a) the person is approved to: (i) operate a facility under regulation 114 or 306; or (ii) conduct a trial of a facility under regulation 115 or 307; and (b) the discharge: (i) occurs as a result of the facility operating, or the trial of the facility being conducted, in accordance with the approval relating to the facility or trial; or (ii) is an accidental discharge that occurs while the facility is operating, or the trial of the facility is being conducted, in accordance with the approval relating to the facility or trial. (3) A scheduled substance is sampled if the substance is: (a) extracted and transferred from equipment or a container into a sample cylinder or piece of testing equipment; or (b) through a process such as vacuuming, extracting or transferring, brought into the testing range of a device that detects and analyses a sample of the substance being emitted into the air in the testing range. > Note: Regulation numbers 401 to 499 (inclusive) are intentionally not used.