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STATUTORY INSTRUMENTS
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S.I. No. 054 of 2001
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Chemical Weapons (Licensing of
Scheduled Toxic Chemicals and Precursors) Regulations, 2001
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S.I. No. 054 of 2001
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Chemical Weapons (Licensing of
Scheduled Toxic Chemicals and Precursors) Regulations, 2001
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I, Tom Kitt,
Minister of State at the Department for Enterprise, Trade and Employment, in
exercise of the powers conferred on me by sections 4 and 12 of the Chemical
Weapons Act, 1997 (No. 28 of 1997) (as adapted by the Enterprise and
Employment (Alteration of Name of Department and Title of Minister) Order,
1997 ( S.I. No. 305 of 1997 )) and the Enterprise, Trade and Employment
(Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of
1997 )), hereby make the following Regulations:
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Short Title and Commencement
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1. These
Regulations may be cited as the Chemical Weapons (Licensing of Scheduled
Toxic Chemicals and Precursors) Regulations, 2001.
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2. These
Regulations shall come into operation on 23 February, 2001.
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Interpretation
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3. In
these Regulations-
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“the Act” means the Chemical Weapons Act,
1997 (No. 28 of 1997) ;
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“applicant” means the person who applies for
a licence;
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“licence” means a licence issued in
accordance with Article 6 of these Regulations or as amended in accordance
with the terms of these Regulations;
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“Scheduled Toxic Chemical or Precursor” means
a toxic chemical or precursor listed in the First Schedule to the Act.
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Licences for Permitted Purposes
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4. (a) A person may produce, use, acquire or
possess a Scheduled Toxic Chemical or Precursor in accordance with a licence
or subject to conditions which attach to the licence.
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(b) A licence to produce, use, acquire or
possess a Scheduled Toxic Chemical or Precursor may be granted to an
applicant if the National Authority is satisfied the Scheduled Toxic
Chemical or Precursor shall be applied for research, medical, pharmaceutical
or protective purposes.
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Application for Licences
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5. (1) A person may in accordance with these
Regulations apply to the National Authority for a licence to produce, use,
acquire or possess a Scheduled Toxic Chemical or Precursor.
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(2) Every application for
a licence shall state -
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(a) the name and
address of the applicant,
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(b) the name or
names of each Scheduled Toxic Chemical or Precursor which the applicant
proposes to produce, use, acquire or possess,
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(c) the nature and
purpose of the proposed activities involving the Scheduled Toxic Chemical or
Precursor,
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(d) the location
at which those proposed activities will be carried out,
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(e) the safety
systems and security systems in place at those locations, and
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(f) the quantities
of each Scheduled Toxic Chemical or Precursor that the applicant proposes to
produce, use, acquire or possess.
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(3) The National Authority
may by notice in writing request such additional information from the
applicant as it thinks fit.
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(4) A person who has not
attained the age of 18 years shall not be eligible to apply for a licence.
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Granting of Licences
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6. (1) The National Authority may-
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(a) grant or
refuse an application for a licence,
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(b) attach
conditions to the licence relating to production, use, acquisition,
possession of a Scheduled Toxic Chemical or Precursor,
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(c) attach
conditions as to the expiry or cancellation of the licence, or
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(d) cancel the
licence by serving a notice in writing to that effect on the holder of the
licence.
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for such reasons as the National Authority
consider are necessary or expedient to give effect to these Regulations, the
Act and the Convention.
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(2) The duration of
the validity of the licence shall be as is specified by the National
Authority in the licence, but shall not in any case exceed three years.
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7. (1) Where the National Authority refuses
to grant a licence to an applicant or attaches conditions to a licence which
are not satisfactory to the applicant, the applicant may within 7 days of
being notified of the decision, request in writing from the National
Authority details of the grounds on which they have refused to grant the
licence or to have attached the conditions.
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(2) The National Authority
shall within 21 days of the receipt of the request deliver to the applicant
a statement in writing specifying details of the grounds on which they have
refused to grant the licence or attached the conditions.
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(3) The applicant may,
within 21 days or such further time as the High Court may allow, of the
receipt of the details from the National Authority, appeal to the High Court
from the decision of the National Authority to refuse the licence or to
attach the conditions.
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(4) On the hearing of an
appeal from a decision of the National Authority under Article 7 (3) the
High Court may -
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(a) direct the
National Authority to grant the licence and the National Authority shall
grant the licence accordingly,
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(b) attach
conditions to the licence, or
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(c) revoke or vary
a condition attached to the licence,
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as may be appropriate.
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(5) A decision of the High
Court under this Regulation shall be final except that, by leave of the High
Court, an appeal shall lie to the Supreme Court on a question of law.
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GIVEN under my Hand,
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this 23rd day of February, 2001
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TOM KITT, TD.
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Tom Kitt
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Minister of State at the Department of
Enterprise, Trade and Employment
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Explanatory Note
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(This Note is not part of the Instrument and
does not purport to be a legal interpretation).
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The purpose of these Regulations is to
establish a licensing system relating to the production, use, acquisition,
or possession of a toxic chemical or precursor listed in the First Schedule
to the Chemical Weapons Act, 1997 (No. 28 of 1997) , in accordance with the
provisions of sections 4 and 12 of that Act.
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Under the Regulations licences would be
issued for a maximum period of three years or for such shorter period as
might be specified by the Authority in the licence. The Regulations include
appeal provisions to the High Court against a decision by the Authority
relating to a licence application.
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Published by the Stationery Office, Dublin,
8.
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