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Chemical Weapons Convention Act 2005 · Updated to 1 Nov 2021 · Chapter 3 · Regime For Toxic Chemicals Listed In

31. Declaration

(1)

Any person who—

(a)

produces, processes, consumes, exports or imports a toxic chemical listed in Schedule 2 in an amount which is more than such threshold amount as may be prescribed; or

(b)

produces, imports or exports a toxic chemical listed in

Schedule 3 in an amount which is more than such threshold amount as may be prescribed, shall make the following periodic declarations to the National

Authority in such form and at such time as may be prescribed:

(aa)

an annual declaration on activities in the previous calendar year; and

(bb)

an annual declaration on anticipated activities for the following calendar year.

(2)

The declaration under subsection (1) shall be in relation to—

(a)

the identity of the facility;

(b)

the name of toxic chemicals including the structural formula of the toxic chemicals and Chemical Abstracts Service registry number (if assigned);

28 Laws of Malaysia ACT 641

(c)

the purposes for which the toxic chemicals are used;

(d)

the quantity of the toxic chemicals for the purposes for which the toxic chemicals are used; and

(e)

such other matters relevant to a declaration, as may be prescribed.

(3)

Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Terms defined in s 3

facility
Defined · s 3
“facility” means any industrial site which comprises any of the following: (a) any works or factory (“plant site”) which is the local integration of one or more plants with any intermediate administrative levels, which are under one operational control, and includes common infrastructure, such as— (i) administration and other offices; (ii) repair and maintenance shops; (iii) medical centres; (iv) utilities; (v) central analytical laboratories; (vi) research and development laboratories; (vii) central effluent and waste treatment areas; and (viii) warehouse storage areas; (b) any production facility or workshop (“plant”) which is a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as— (i) a small administrative section; (ii) storage or handling areas for feedstock and products; (iii) an effluent or waste handling or treatment area; (iv) a control or analytical laboratory; (v) a first aid service section or a related medical section; and (vi) records associated with the movement into, around and from the site, of declared chemicals and feedstock or products formed from them, as appropriate; (c) any production unit or process unit (“unit”) which is the combination of items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical;
Open s 3
National Authority
Defined · s 3
“National Authority” means the National Authority established under subsection 6(1); Chemical Weapons Convention 11
Open s 3
prescribed
Defined · s 3
“prescribed” means prescribed by the Minister by regulations;
Open s 3
toxic chemical
Defined · s 3
“toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals, and includes precursors of toxic chemicals;
Open s 3

Report

Read on from s 32

Chapter 4

Regime For Discrete Organic Chemicals

Read on from Chapter 4

Part V

International Inspection

Read on from Part V

Part VI

Enforcement

Read on from Part VI

Part VII

Miscellaneous

Read on from Part VII