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CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 40 Routine international compliance inspections of facilities dealing with Schedule 2 chemicals

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 40

Routine international compliance inspections of facilities dealing with Schedule 2 chemicals

  (1)   Subject to subsection   ( 2), an international compliance inspection of a facility may be carried out during a year, if:

  (a)   the operator of the facility is likely to produce, process or consume during that year or the next year, at a plant comprising, or comprising part of, the facility, a quantity of a Schedule   2 chemical that is more than 10 times the Schedule   2 permit threshold for that chemical; or

  (b)   there was produced, processed or consumed, during any of the 3 years before that year, at a plant comprising, or comprising part of, the facility a quantity of a Schedule   2 chemical that is more than 10 times the Schedule   2 permit threshold for that chemical.

  (2)   A national inspector and an Organization inspector may, subject to any facility agreement or arrangements for managed access referred to in Division   7:

  (a)   with the consent of the operator of the facility; or

  (b)   under a warrant issued under section   51 in respect of the facility;

enter the facility and exercise, on or in the facility, any international inspection powers for international compliance purposes.

  (3)   In addition to their international inspection powers, the national inspector and Organization inspector may install and operate on - site monitoring instruments that are approved by the Organization at the Schedule   2 facility for the duration of the inspection, if the national inspector believes, on reasonable grounds, that it can be done in accordance with safety procedures applicable at the facility.

Note:   For the obligations of a national inspector in relation to not delaying or otherwise hindering the carrying out of an international compliance inspection, see section   95 of this Act and paragraph   41 of Part   II of the Verification Annex to the Convention.