Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/12

CHEMICAL WEAPONS (CONVENTION) ORDINANCE :(a) 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;
 * (b) an amount of a 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; or
 * (c) 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.

(2) For the purposes of subsection (1)(a), 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;
 * (b) the 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.

(3) 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. [cf. Chemical Weapons (Prohibition) Act 1994, s. 16, Commonwealth of Australia] 9. Application for permit

An application for a permit shall be made in the specified form to the Director and accompanied by the fee specified in Schedule 4.

10. Grant of permit, etc.

(1) The Director shall, as soon as is practicable after receiving an application under section 9, by notice in writing served on the applicant—
 * (a) grant a permit to the applicant subject to such conditions, if any, as the Director thinks fit and specified in the permit; or
 * (b) refuse to grant a permit.

(2) A permit to operate a facility during a year shall not be granted unless the Director is satisfied that—
 * (a) in respect of Schedule 1 chemicals, those chemicals concerned are to be—