1Name of regulations
These regulations are the Chemical Weapons (Prohibition) Regulations 1997.
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These regulations are the Chemical Weapons (Prohibition) Regulations 1997.
In these Regulations:
declarable Schedule 1 activity means a Schedule 1 activity, in a year, with either or both of the following characteristics:
over 100 grams of Schedule 1 chemicals are likely to be produced at the facility in the year for research, medical or pharmaceutical purposes;
a Schedule 1 chemical is likely to be produced at the facility in the year for protective purposes.
excluded Schedule 1 chemical has the same meaning as in section 16 of the Act.
IUPAC chemical name means a designation attributed to a chemical by the International Union of Pure and Applied Chemistry.
non‑declarable Schedule 1 activity means a Schedule 1 activity other than a declarable Schedule 1 activity.
permit year means a year for which there is or was a permit to operate a facility.
PSF chemical means an unscheduled discrete organic chemical containing 1 or more of the elements phosphorous, sulphur and fluorine.
Schedule 1 activity means operating a facility as mentioned in subsection 16(1) of the Act.
Schedule 2 activity means operating a facility as mentioned in subsection 16(2) of the Act.
Schedule 3 activity means operating a facility as mentioned in subsection 16(3) of the Act.
the Act means the Chemical Weapons (Prohibition) Act 1994.
For the definition of Convention in subsection 7(1) of the Act, the English text of the amendments to the Convention that have been accepted by Australia is set out in Schedule 1.
For the Act, consumption of a Schedule 2 chemical means its conversion to another chemical through a chemical reaction.
For the Act, processing of a Schedule 2 chemical means a physical process, including formulation, extraction and purification, in which the chemical is not converted to another chemical.
However, processing of a Schedule 2 chemical does not include packaging or distributing the chemical.
For the Act, production of a chemical means its formation through a chemical reaction as an intermediate (in a reaction sequence) or otherwise, only if the chemical can be isolated.
For the Act, production of saxitoxin and ricin also includes extracting and purifying saxitoxin or ricin (as the case requires).
However, production of a Schedule 2 chemical does not include its regeneration as part of a cycle of consumption and regeneration.
For section 28 of the Act:
explosive means a chemical produced for use only as an explosive; and
hydrocarbon means a chemical containing carbon and hydrogen only.
For the Act, the method for working out the total amount of a Schedule 1 chemical produced, acquired, retained or used at, or transferred from, a facility in a year is set out in the following table.
Table
1 The amount of the chemical is the weight of the chemical. |
2 The weight of the chemical is to be worked out as the less accurate of the following: (a) to within 5 percent; (b) to the nearest 0.1 grams. |
For the Act, the method for working out the total amount of a Schedule 2 chemical produced, processed or consumed at a plant, comprising, or comprising part of, a facility in a year is set out in the following table.
Table
1 The amount of the chemical is the weight of the chemical. |
2 The weight of a Schedule 2 chemical, mentioned in Part A of Schedule 2 to the Convention and designated with an ‘*’, is to be worked out as accurate to the nearest 100 grams. |
3 The weight of a Schedule 2 chemical, mentioned in Part A of Schedule 2 to the Convention but not designated with an ‘*’, is to be worked out as accurate to the nearest kilogram. |
4 The weight of a Schedule 2 chemical, mentioned in Part B of Schedule 2 to the Convention, is to be worked out as accurate to the nearest 0.1 tonnes. |
5 However, for a mixture containing: (a) 0.5 percent or less by weight of a chemical mentioned in Part A of Schedule 2 to the Convention; or (b) 30 percent or less by weight of a chemical mentioned in Part B of Schedule 2 to the Convention; |
6 If the chemical is produced as part of a mixture—to work out the percentage of the chemical in the mixture by weight, the following components of the mixture are to be disregarded: (a) any liquid or gas, the main function of which is to act as a carrier in a chemical reaction process that produces the chemical; and (b) if a feedstock gas is incompletely reacted in a chemical reaction process that produces the chemical—the gas that did not react. |
7 In addition, for working out the total amount of the chemical that is consumed in a process, an amount of the chemical recovered from the process and recycled through it is to be included in the total amount only once. |
For the Act, the method for working out the total amount of a Schedule 3 chemical produced at a plant comprising, or comprising part of, a facility in a year is set out in the following table.
Table
1 The amount of the chemical is the weight of the chemical. |
2 The weight of the chemical is to be worked out accurate to within 5 percent. |
3 However, for a mixture containing 30 percent or less by weight of the chemical, the amount of the chemical is zero. |
4 For working out the percentage of the chemical in a mixture by weight, the following components of the mixture are to be disregarded: (a) any liquid or gas, the main function of which is to act as a carrier in a chemical reaction process that produces the chemical; (b) if a feedstock gas is incompletely reacted in a chemical reaction process that produces the chemical—the gas that did not react. |
For paragraphs 28(6)(a) and (b) of the Act, the method for working out the total amount of unscheduled discrete organic chemicals produced at a facility in a year is set out in the following table.
Table
1 The amount of the chemicals is the weight of the chemicals. |
2 The weight of the chemicals is to be worked out accurate to within 5 percent. |
3 In dealing with a discrete organic chemical: (a) the only oxides of carbon compounds that are to be disregarded are carbon monoxide, carbon dioxide and carbonyl sulfide; and (b) the only sulfides of carbon compounds that are to be disregarded are carbon disulfide and carbonyl sulfide. |
4 For working out the weight of the chemicals, the following chemicals are to be disregarded: (a) oligomers and polymers; (b) chemicals containing carbon and metal only. |
For subsection 17(1) of the Act, this regulation sets out the prescribed day, which is the last day on which a person may give a permit application to the Controller.
If the permit authorises a declarable Schedule 1 activity, the prescribed day is 200 days before the person intends to start the activity.
If the permit authorises a non‑declarable Schedule 1 activity, the prescribed day is 7 days before the person intends to start the activity.
If the permit authorises a Schedule 2 activity or a Schedule 3 activity, the prescribed day is 21 days before the person intends to start the activity.
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