CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 28 When is a notification required?

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 28

  (1)   The operator of a facility must notify the facility to the Minister under this subsection if a permit to operate the facility during a particular year is or was held in accordance with a requirement of subsection   16(1) but no such permit will be in force in respect of the next year.

  (2)   The operator of a facility must notify the facility to the Minister under this subsection if:

  (a)   a permit to operate the facility during a particular year is or was held in accordance with a requirement of subsection   16(2) but no such permit will be in force in respect of the next year; or

  (b)   subsection   ( 3) applies in respect of that facility.

  (3)   This subsection applies in respect of a facility if:

  (a)   a permit is not required under subsection   16(2) to operate the facility during the year in which this section commences; but

  (b)   such a permit would have been required under that subsection to operate the facility during any one or more of the 3 years before that year if this Act had been in force at the time.

  (4)   The operator of a facility must notify the facility to the Minister under this subsection if:

  (a)   a permit to operate the facility during a particular year is or was held in respect of the facility in accordance with a requirement of subsection   16(3) but no such permit will be in force in respect of the next year; or

  (b)   subsection   ( 5) applies in respect of that facility.

  (5)   This subsection applies in respect of a facility if:

  (a)   a permit is not required under subsection   16(3) to operate that facility during the year in which this section commences; and

  (b)   such a permit would have been required under that subsection to operate the facility during the year before that year if this legislation had been in force at the time.

  (6)   The operator of a facility must notify the facility to the Minister if either:

  (a)   the amount of unscheduled discrete organic chemicals produced at the facility during the year before the notification (whether that year ended before or after this section commences) was more than 200 tonnes; or

  (b)   the amount of a particular unscheduled discrete organic chemical:

  (i)   that was produced at a plant comprising, or comprising part of, the facility during that year; and

  (ii)   that contained one or more of the elements phosphorus, sulphur or fluorine;

    was more than 30 tonnes.

  (7)   Subsection   ( 6) does not apply if the facility was, in the year before the year in which it is notified, producing hydrocarbons or explosives in a manner specified in the regulations.

  (8)   In this section:

"explosive" has the meaning prescribed by the regulations.

"hydrocarbon" has the meaning prescribed by the regulations.