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(5) A notice under subsection (3)(a) or (c) shall—

(a) subject to paragraph (b), not take effect—

(i) before the expiry of the period specified in section 38 within which an appeal against the decision to which the notice relates may be made;

(ii) if such an appeal is made, before the outcome of the appeal or the withdrawal or abandonment of the appeal;

(b) take effect immediately it is served if—

(i) there is a statement in the notice that the Director is of the opinion that the notice should take effect as a matter of urgency; and

(ii) the notice sets out the reasons why the Director is of that opinion.

PART 4
Notifications and Reports in Respect of Facilities

11. Notification to Director

(1) Subject to subsection (2), the operator of a facility shall—

(a) notify the facility to the Director in the specified form if—

(i) the amount of unscheduled discrete organic chemicals produced at the facility during the year before the notification (whether that year ended before or after this section commences) was more than 200 tonnes; or

(ii) the amount of a particular unscheduled discrete organic chemical—

(A) that was produced at a plant comprising, or comprising part of, the facility during that year; and

(B) that contained one or more of the elements phosphorus, sulphur or fluorine,

was more than 30 tonnes,

and the notification shall be given not later than the last day of January immediately following that year;

(b) if required to notify the Director under paragraph (a), keep for not less than 3 years after the particular year to which they relate such records—

(i) as are required by the Director; and

(ii) in relation to—