| Conditions on authorisations |
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| (1) |
Subject to subregulations (1A) and (1B), a refrigerant trading authorisation or RAC equipment manufacturing authorisation is subject to the conditions that the holder: |
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(a) keeps up‑to‑date records showing the amounts of refrigerant bought, sold and recovered during each quarter; and |
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(b) 14 days or less after receiving a request in writing by the relevant authority, sends to the authority copies
of the records mentioned in paragraph (a); and |
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(c) ensures that each item of the holder’s equipment that is necessary to prevent avoidable emissions of refrigerant is operating correctly; and |
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(d) has, and maintains, equipment that is adequate for the holder’s activities, including 1 or more of each of the following:
(i) leak detectors;
(ii) vacuum pumps;
(iii) recovery units; and |
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(e) at least every quarter, checks any refrigerant container in the holder’s possession for leaks; and |
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(f) puts into effect a risk management plan relating to the handling and storage of refrigerant in the holder’s business; and |
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(g) ensures that any refrigerant in the holder’s possession is handled in accordance with each applicable standard set out in Table 135; and |
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(h) for an RAC equipment manufacturing authorisation — ensures that any refrigerant in its possession is handled only:
(i) by the holder of an appropriate licence granted under regulation 131, 133 or 134; or
(ii) under the supervision of the holder of an appropriate licence granted under regulation 131 or 133; and
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(i) for a refrigerant trading authorisation — ensures that any refrigerant in the holder’s possession is handled only by the holder of an appropriate licence granted under regulation 131, 133 or 134; and |
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Note Holders of a licence under regulation 134 must themselves be supervised: see regulation 134. |
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(j) ensures that destruction of any refrigerant is carried out only by the operator of a refrigerant destruction facility; and |
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(k)uses only refillable containers for storage of refrigerant. |
| (1A) |
The relevant authority may, on application, determine that a condition mentioned in subregulation (1) does not apply to the authorisation. |
| (1B) |
A determination has effect according to its terms. |
| (2) |
It is also a condition of a refrigerant trading authorisation that the holder accepts any surrendered refrigerant or scheduled substance that appears to be intended for use in RAC equipment. |
| (3) |
The relevant authority may specify that an authorisation is subject to a condition and must set out the condition on:
(a) the authorisation document; or
(b) a written notice given by the authority to the holder.
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| (4) |
A notice for paragraph (3) (b) may be given at any time. |
