Direction to export HCFCs if quota exceeded
35A Direction to export HCFCs if quota exceeded
The CEO may, by written notice given to a licensee (including the licensee for a suspended licence), direct the licensee to export a specified quantity of HCFCs by a specified time if:
both:
the licensee has been allocated an HCFC quota for a quota period; and
the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the year exceeds the total of that quota and any reserve HCFC quotas allocated to the licensee that are in force at any time in the period; or
both:
the licensee has been allocated a reserve HCFC quota that is in force for a period (the reserve period) in a quota period, but has not been allocated an HCFC quota for the quota period; and
the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the reserve period exceeds the reserve HCFC quota.
It is a condition of the licence that the licensee comply with the direction: see subsection 18(1).
Before the time specified in the direction (or a later time specified in a notice under this subsection), the CEO may specify a later time by written notice given to the licensee.
The amount specified in the direction must not be greater than the amount of the excess.
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