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AGRICULTURAL AND VETERINARY CHEMICALS (ADMINISTRATION) REGULATIONS 1995 - REG 3.250

When permission must be refused

  (1)   An authorised officer must refuse to grant an application mentioned in any of subregulations   3.230(1) to (3) for permission to export an export - prohibited chemical if the officer is not satisfied as to the matters mentioned in the relevant subregulation in relation to the application.

  (2)   An authorised officer must refuse an application for permission to export an export - prohibited chemical if:

  (a)   either:

  (i)   the relevant item in Schedule   1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or

  (ii)   the chemical is research mercury; and

  (b)   the export is to a party to that Convention; and

  (c)   any of the following applies:

  (i)   the officer is not satisfied that the export complies with the Rotterdam Convention;

  (ii)   the party has notified to the Secretariat an import decision not to consent to the import;

  (iii)   the party has notified to the Secretariat an import decision to consent to the import only subject to specified conditions and the authorised officer is not satisfied that those conditions have been met or will be met.

Note:   A list of the parties to the Rotterdam Convention is available at http://www.pic.int.

  (3)   An authorised officer must refuse to grant an application for permission to export an export - prohibited chemical if:

  (a)   neither subregulation   (1) nor (2) applies; and

  (b)   the chemical is being exported for a use or purpose in the importing country that is not permitted under the relevant Convention.



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