CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 41 Routine international compliance inspections of facilities dealing with Schedule 3 chemicals

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 41

  (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, during that year or the next year:

  (i)   at the plant or plants comprising the facility--more than 200 tonnes of any Schedule   3 chemical; and

  (ii)   at any particular plant comprising, or comprising part of, the facility, more than 30 tonnes of that Schedule   3 chemical; or

  (b)   there was produced, during the year before that year:

  (i)   at the plant or plants comprising the facility--more than 200 tonnes of any Schedule   3 chemical; and

  (ii)   at a particular plant comprising, or comprising part of, the facility, more than 30 tonnes of that Schedule   3 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 a Schedule   3 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.

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.