Commonwealth Consolidated Acts

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CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 16

When is a permit required?

  (1)   The operator of a facility requires a permit under this subsection to operate the facility during a particular year if Schedule   1 chemicals (other than excluded Schedule   1 chemicals) are likely to be produced, acquired, retained or used at, or transferred from, the facility during the year.

  (2)   The operator of a facility requires a permit under this subsection to operate the facility during a particular year if an amount of Schedule   2 chemical exceeding, in the aggregate, the Schedule   2 permit threshold for that chemical is likely to be produced, processed or consumed at a plant comprising, or comprising part of, the facility during the year.

  (3)   The operator of a facility requires a permit under this subsection to operate the facility during a particular year if an amount of a Schedule   3 chemical exceeding, in the aggregate, 30 tonnes of that chemical is likely to be produced at a plant comprising, or comprising part of, the facility during the year.

  (4)   For the purposes of subsection   (1), Schedule   1 chemicals are excluded chemicals in relation to a facility and to a year if:

  (a)   the total amount of those chemicals likely to be acquired, retained or used at, or transferred from, the facility during the year does not exceed 100 grams; and

  (b)   Schedule   1 chemicals will not be produced at the facility during that year; and

  (c)   the Schedule   1 chemicals are intended only to be put to research, medical or pharmaceutical purposes.

  (5)   A reference in this section to a year during which chemicals will be produced, acquired, retained or otherwise dealt with (however that dealing is described) includes a reference to a year that occurs in part before the day on which this section commences.



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