(3) No person shall produce—
- (a) more than 200 tonnes in total of any one or more unscheduled discrete organic chemicals per year; or
- (b) 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.
(4) No person shall 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.
(5) An application for a licence to do any of the acts referred to in subsections (1) to (4) shall be made to the Director in such manner or form as the Director may determine and shall be accompanied by the prescribed fee.
(6) 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.
(7) 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.
(8) The Minister may make regulations to prescribe the manner of application for a licence, the form and duration of a licence, the terms and conditions upon which and the circumstances in which a licence may be granted, held, suspended, cancelled, extended, renewed or replaced, and the fees payable in respect thereof.
(9) For the purposes of subsection (3), "unscheduled discrete organic chemical" means a discrete organic chemical not listed in the Schedule.
Forfeiture
10.—(1) A court may order that anything shown to the court's satisfaction to be the subject matter of an offence under this Part or to have been used in the commission of such an offence shall be forfeited to the Government, and either destroyed or otherwise dealt with in such manner as the court may order.
