PART III.

Manufacture of certain chemical products by the Company and restrictions on importation of chemical products.

5. —In this Part, the expression “manufacturing (chemical product) licence” means a licence granted under section 7 of this Act.

6. —(1) The Company shall not manufacture for the purposes of sale any chemical product to which this section applies unless it is the holder of a manufacturing (chemical product) licence authorising it to manufacture that chemical product.

(2) In this section the expression “chemical product to which this section applies” means any substance, all or any portion of which is produced or obtained by chemical process, but does not include industrial alcohol or any product or derivative thereof.

7. —(1) Whenever the Minister is of opinion that—

(a) a particular chemical product to which this section applies either—

(i) is not being manufactured in the State by means of private enterprise, or

(ii) is not being manufactured to a substantial extent in the State by means of private enterprise, and

(b) it is desirable that such chemical product should be manufactured in the State to a substantial extent, and

(c) the grant of a licence under this section to the Company authorising it to manufacture such chemical product would result in such chemical product being manufactured to a substantial extent,

then, subject to this section, the Minister, after consultation with the Minister for Finance, may, either on his own motion or on the application of the Company, grant to the Company a licence authorising the Company to manufacture such chemical product.

(2) The following provisions shall apply in relation to the grant of a manufacturing (chemical product) licence to manufacture a particular chemical product to which this section applies—

(a) where the Minister proposes to grant a licence, he shall before doing so, cause notice of his intention to be published in the Iris Oifigiúil and in such other manner as appears to him calculated to bring his intention to the knowledge of persons interested;

(b) the said notice shall state—

(i) the nature of the said chemical product, and

(ii) that any person may, within a specified period (not being less than thirty days after the date of the Iris Oifigiúil containing the notice) send to the Minister a statement in writing of his objection to the grant of the licence and of the specific grounds on which it is based,

(c) the Minister shall consider every such objection sent to him within the said period,

(d) after the expiration of the said period and consideration of the objections (if any) the Minister may grant the licence either in accordance with his intention or in such modified form as he thinks proper having regard to the objections received.

(3) The Minister may attach to a manufacturing (chemical product) licence such conditions and restrictions as he thinks fit.

(4) In this section the expression “chemical product to which this section applies” means any substance, all or any portion of which is produced or obtained by chemical process, but does not include industrial alcohol or any product or derivative thereof.

8. —(1) The Government may, whenever and so often as they think fit, by order prohibit the importation of any specified chemical product otherwise than in accordance with a licence in that behalf issued under this section.

(2) The Government may at any time by order revoke or amend an order previously made under this section, including an order under this subsection.

(3) It shall not be lawful for any person to import or attempt to import any chemical product in contravention of an order made under this section.

(4) On the application of any person the Minister may, if he thinks fit, issue to such person a licence to import a chemical product the import of which is prohibited by an order under this section, and may attach to any such licence such conditions as he thinks proper and specifies in the licence.

(5) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

(6) In this section, the expression “chemical product” means any substance, all or any portion of which is produced or obtained by chemical process, and includes industrial alcohol and any product or derivative thereof.