Singapore legislation
Section 9
Section 9
Licence for use, etc., of scheduled chemical or discrete organic chemical
(1)
A person must not use, develop, produce, acquire, stockpile, retain or transfer a Schedule 1 chemical for a permitted purpose except under and in accordance with the conditions of a licence granted by the Director‑General.
(2)
A person must not —
produce, process or consume a Schedule 2 chemical for a permitted purpose; or
produce a Schedule 3 chemical for a permitted purpose,except under and in accordance with the conditions of a licence granted by the Director‑General.
(3)
A person must not produce —
more than 200 tonnes in total of any one or more unscheduled discrete organic chemicals per year; or
more than 30 tonnes of any one unscheduled discrete organic chemical containing phosphorous, sulfur or fluorine per year,except under and in accordance with the conditions of a licence granted by the Director‑General.
(4)
A person must not import or export a Schedule 2 chemical or Schedule 3 chemical except under and in accordance with the conditions of a licence granted by the Director‑General.
(5)
Subsection (1) does not apply to the use, development, production, acquisition, stockpiling, retention or transfer for a permitted purpose of a mixture containing not more than the prescribed concentration of a prescribed Schedule 1 chemical.
(6)
Subsection (2) does not apply to —
the production, processing or consumption for a permitted purpose of a mixture containing not more than the prescribed concentration of a prescribed Schedule 2 chemical; and
the production for a permitted purpose of a mixture containing not more than the prescribed concentration of a prescribed Schedule 3 chemical.
(7)
In determining the amount of unscheduled discrete organic chemicals or unscheduled discrete organic chemical containing phosphorous, sulfur or fluorine produced by a person in a year for the purposes of subsection (3), the production of a mixture containing not more than the prescribed concentration of a —
prescribed unscheduled discrete organic chemical; or
prescribed unscheduled discrete organic chemical containing phosphorous, sulfur or fluorine,is to be disregarded.
(8)
Subsection (4) does not apply to —
the import of a mixture containing not more than the prescribed concentration of a prescribed Schedule 2 chemical or Schedule 3 chemical; or
the export to a country that is a party to the Convention of a mixture containing not more than the prescribed concentration of a prescribed Schedule 2 chemical or Schedule 3 chemical.
(9)
The Minister may by regulations prescribe the concentration of a chemical in a mixture for the purposes of subsection (5), (6), (7) or (8).
(10)
The regulations under subsection (9) may —
prescribe a concentration for all Schedule 1 chemicals, Schedule 2 chemicals, Schedule 3 chemicals, unscheduled discrete organic chemicals or unscheduled discrete organic chemicals containing phosphorous, sulfur or fluorine (as the case may be) or for a specified chemical or description of chemicals;
prescribe different concentrations for different chemicals; and
prescribe the method for working out the concentration of a chemical in a mixture.
(11)
An application for a licence to do any of the acts referred to in subsections (1) to (4) must be made to the Director‑General in such manner or form as the Director‑General may determine and must be accompanied by the prescribed fee.
(12)
Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.
(13)
Any person who contravenes subsection (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(14)
The Minister may make regulations —
to prescribe the manner of application for a licence;
to prescribe the form and duration of a licence;
to prescribe the terms and conditions upon which and the circumstances in which a licence may be held or granted, suspended, cancelled, extended, renewed or replaced by the Director‑General;
to provide for appeals to the Minister by a person against a refusal of the Director‑General to grant, extend or renew a licence, or a decision of the Director‑General to cancel or suspend a licence; and
to prescribe fees payable for an application for a licence and an application for the extension or renewal of a licence.
(15)
In subsection (3), “unscheduled discrete organic chemical” means a discrete organic chemical not listed in the Schedule.