235Grant of non‑QPS permits

#### 235 Grant of non‑QPS permits (1) On application under regulation 234, the Minister must, before or after the start of the year for which the application is made: (a) grant a non‑QPS permit to the applicant for that year; or (b) refuse to grant a non‑QPS permit to the applicant. (2) The Minister may grant a non‑QPS permit to the applicant only if: (a) both: (i) the Minister has consulted the parties to the Montreal Protocol; and (ii) having regard to any advice received as a result of such consultation, the Minister is satisfied that it is appropriate to grant the permit; or (b) the Minister is satisfied that: (i) an emergency situation exists; and (ii) it is appropriate to grant the permit to deal with the emergency situation. (3) The Minister must not grant a non‑QPS permit to the applicant if the Minister is satisfied that the grant of the permit would be inconsistent with Australia’s international obligations under the Montreal Protocol. (3A) A non‑QPS permit granted in accordance with paragraph (2)(b) must not permit the use of more than 20 tonnes of methyl bromide to deal with the emergency covered by the permit. (4) A non‑QPS permit must set out the following in writing: (a) the year for which it is granted; (b) each supplier of methyl bromide covered by the permit as a nominated non‑QPS supplier for the permit holder; (c) the amount of methyl bromide (the allocated amount) allocated to the permit holder for non‑QPS uses; (d) details of the applicable conditions under subregulation (5). (5) A non‑QPS permit is granted for a year subject to the following conditions: (a) no more than the allocated amount of methyl bromide may be used in the year by or on behalf of the permit holder for non‑QPS uses; (b) methyl bromide may be used by or on behalf of the permit holder for a non‑QPS use only if: (i) the use is specified in the permit; and (ii) the methyl bromide is used at the geographical location specified in the permit; (c) any other conditions relating to the non‑QPS use of methyl bromide, specified in the permit, that the Minister considers to be appropriate. (6) A non‑QPS permit is in force: (a) from the later of: (i) 1 January in the year for which it is granted; and (ii) the day on which it is granted; and (b) until the end of that year. (7) If the Minister grants a non‑QPS permit to the applicant, the Minister must give a copy of the permit to the applicant. (7A) If the Minister grants a non‑QPS permit in accordance with paragraph (2)(b), the Minister must, as soon as practicable after the methyl bromide has been used to deal with the emergency situation for which the permit was granted, notify the parties to the Montreal Protocol of the following: (a) the amount of methyl bromide used; (b) the purpose for which the methyl bromide was used; (c) the kind of produce for which, or to which, the methyl bromide was applied; (d) details of the emergency situation that required the use of methyl bromide; (e) the reasons why alternative treatments were not suitable to deal with the emergency situation. (8) If the Minister refuses to grant a non‑QPS permit to the applicant, the Minister must give the applicant notice in writing of the refusal, including a statement of: (a) the reasons for the refusal; and (b) the effect of regulation 238 (non‑QPS permits—review of decisions).