Chemical Weapons (Prohibition) Act 1994
19Special considerations relating to permits for the operation of facilities in respect of Schedule 1 chemicals
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19 Special considerations relating to permits for the operation of facilities in respect of Schedule 1 chemicals
(1) If a person makes application for a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule 1 chemicals at the facility, or the transfer of Schedule 1 chemicals from the facility, that permit may, if it authorises production, and whether or not it authorises any other of those activities, differ according to: (a) the quantity of the chemicals intended to be produced; and (b) the purposes for which all the chemicals to which the permit will relate are to be applied. (2) A permit to operate a facility during a year in respect of Schedule 1 chemicals must not be granted unless the chemicals concerned are to be applied for research, medical, pharmaceutical or protective purposes. (3) A permit to operate a facility: (a) if it authorises the production of more than 10 kilograms of Schedule 1 chemicals may only; and (b) if it authorises the production of a lesser amount of Schedule 1 chemicals may; be granted in respect of the facility to be designated in the permit as the single small‑scale facility. (4) A permit to operate a facility: (a) if it authorises the production during a year of less than 10 kilograms of Schedule 1 chemicals; and (b) all the chemicals to which the permit relates are to be applied for protective purposes; may be granted in respect of the facility to be designated in the permit as the single protective facility. (5) A permit to operate a facility: (a) if it authorises the production during a year of less than 10 kilograms of Schedule 1 chemicals; and (b) all the chemicals to which the permit relates are to be applied for research, medical or pharmaceutical purposes; may be granted in respect of the facility to be designated in the permit as a research facility. (6) A permit to operate a facility: (a) if it does not authorise the production at the facility, during a year, of any Schedule 1 chemical; and (b) if it authorises the acquisition, retention or use at, or transfer from, the facility during that year, of more than 100 grams of Schedule 1 chemicals; may be granted in respect of the facility to be designated as a consumption facility. (7) The fact that a facility may be designated in a particular manner does not require it to be so designated. (8) A facility must not be designated in a permit as a single small‑scale facility unless: (a) production is to be carried out in reaction vessels in production lines not configured for continuous operation; and (b) the volume of any reaction vessel is not more than 100 litres; and (c) the total volume of all reaction vessels with a volume of more than 5 litres is not more than 500 litres. (9) The Minister must not grant more than one permit to operate a facility designated as the single small‑scale facility. (10) The Minister must not grant more than one permit to operate a facility designated as the single protective facility. (11) The Minister may grant permits to operate more than one facility designated under subsection (5) as a research facility or designated under subsection (13) as a consumption facility. (12) The Minister must not grant permits such that the total amount of Schedule 1 chemicals produced, acquired, retained or used at, or transferred from, all Schedule 1 facilities during a year is, or could be, more than one tonne. (13) The Minister must not grant permits such that the total amount of Schedule 1 chemicals produced, acquired, retained or used at, or transferred from, all Schedule 1 facilities at any time exceeds one tonne.