83Listing on Inventory before 5 years

83 Listing on Inventory before 5 years

(1) The holder of an assessment certificate for an industrial chemical may apply to the Executive Director for the industrial chemical to be listed on the Inventory, if: (a) the industrial chemical is not listed on the Inventory; and (b) the assessment certificate remains in force; and (c) the assessment certificate does not include a condition of a kind mentioned in paragraph 38(2)(c) (which deals with the period for which an industrial chemical is permitted to be introduced); and (d) 5 years have not yet passed since the assessment certificate was issued.

Note: For general requirements relating to applications: see section 167.

(2) Subject to subsection (5), the Executive Director must list the industrial chemical on the Inventory if the Executive Director is satisfied that the application complies with section 167. (3) Before listing the industrial chemical on the Inventory, the Executive Director must give a written notice in accordance with subsection (4) to: (a) if there are any other assessment certificates in force for the industrial chemical—each holder of the other certificate; and (b) if there are any confidence holders for an approval for the proper name or end use for the industrial chemical to be treated as confidential business information—each such confidence holder. (4) The written notice must contain the following information: (a) that an application has been made to list the industrial chemical on the Inventory; (b) that the person may object, in writing, to the Executive Director listing the industrial chemical; (c) that any objection must be given to the Executive Director within the period specified in the notice, which must not be less than 20 working days after the day the notice is given. (5) However, if an objection is made within the period specified in the notice mentioned in subsection (3), the Executive Director: (a) must not list the industrial chemical on the Inventory under subsection (2); and (b) must notify the applicant that an objection has been made and the industrial chemical will not be listed on the Inventory. (6) If the Executive Director lists an industrial chemical on the Inventory, the Executive Director must: (a) publish on the AICIS website a notice containing the following: (i) the terms of the listing; (ii) the reason why the industrial chemical was listed; (iii) the day the industrial chemical was listed; and (b) do so within 20 working days after the day the industrial chemical is listed.