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CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 19

Special considerations relating to permits for the operation of facilities in respect of Schedule 1 chemicals

  (1)   If a person makes application for a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule   1 chemicals at the facility, or the transfer of Schedule   1 chemicals from the facility, that permit may, if it authorises production, and whether or not it authorises any other of those activities, differ according to:

  (a)   the quantity of the chemicals intended to be produced; and

  (b)   the purposes for which all the chemicals to which the permit will relate are to be applied.

  (2)   A permit to operate a facility during a year in respect of Schedule   1 chemicals must not be granted unless the chemicals concerned are to be applied for research, medical, pharmaceutical or protective purposes.

  (3)   A permit to operate a facility:

  (a)   if it authorises the production of more than 10 kilograms of Schedule   1 chemicals may only; and

  (b)   if it authorises the production of a lesser amount of Schedule   1 chemicals may;

be granted in respect of the facility to be designated in the permit as the single small - scale facility.

  (4)   A permit to operate a facility:

  (a)   if it authorises the production during a year of less than 10 kilograms of Schedule   1 chemicals; and

  (b)   all the chemicals to which the permit relates are to be applied for protective purposes;

may be granted in respect of the facility to be designated in the permit as the single protective facility.

  (5)   A permit to operate a facility:

  (a)   if it authorises the production during a year of less than 10 kilograms of Schedule   1 chemicals; and

  (b)   all the chemicals to which the permit relates are to be applied for research, medical or pharmaceutical purposes;

may be granted in respect of the facility to be designated in the permit as a research facility.

  (6)   A permit to operate a facility:

  (a)   if it does not authorise the production at the facility, during a year, of any Schedule   1 chemical; and

  (b)   if it authorises the acquisition, retention or use at, or transfer from, the facility during that year, of more than 100 grams of Schedule   1 chemicals;

may be granted in respect of the facility to be designated as a consumption facility.

  (7)   The fact that a facility may be designated in a particular manner does not require it to be so designated.

  (8)   A facility must not be designated in a permit as a single small - scale facility unless:

  (a)   production is to be carried out in reaction vessels in production lines not configured for continuous operation; and

  (b)   the volume of any reaction vessel is not more than 100 litres; and

  (c)   the total volume of all reaction vessels with a volume of more than 5 litres is not more than 500 litres.

  (9)   The Minister must not grant more than one permit to operate a facility designated as the single small - scale facility.

  (10)   The Minister must not grant more than one permit to operate a facility designated as the single protective facility.

  (11)   The Minister may grant permits to operate more than one facility designated under subsection   (5) as a research facility or designated under subsection   (13) as a consumption facility.

  (12)   The Minister must not grant permits such that the total amount of Schedule   1 chemicals produced, acquired, retained or used at, or transferred from, all Schedule   1 facilities during a year is, or could be, more than one tonne.

  (13)   The Minister must not grant permits such that the total amount of Schedule   1 chemicals produced, acquired, retained or used at, or transferred from, all Schedule   1 facilities at any time exceeds one tonne.



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