Clean Air Act Amendment Act 1990 (Qld)

919 CL E AN A IR A CT AMENDME N T A CT ANALYSIS OF CONTENTS 1. Short title 2. Citation 3. Commencement 4. Amendment of s. 4. Parts of Act 5. Amendment of s. 7. Interpretation 6. New heading and sections Regulations concerning ozone depleting substances Accreditation of courses Exemptions from regulations Seizure and forfeiture 7. Amendment of s. 40. General powers of inspectors, &c. 8. Repeal of s. 41. Occupiers to allow entry and inspection 9. Amendment of s. 42. Obstructing an inspector, etc. 10. Amendment of s. 50. Regulations 11. Amendment of Schedule ueeuslana ANNO TRICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 51 of 1990 An Act to amend the Clean Air Act 1963- 1989 to provide for controls on substances that , when released into the atmosphere, contribute to depletion of the ozone layer and for related purposes and to amend that Act in certain other particulars [ASSENTED TO 3RD SEPTEMBER, 1990]

920 Clean Air Act Amendment Act 1990, No. 51 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title. This Act may be cited as the Clean Air Act Amendment Act 1990. 2. Citation . (1) In this Act the Clean Air Act 1963-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Clean Air Act 1963-1990. 3. Commencement . (1) Sections 1, 2 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided in subsection (1) the provisions of this Act, or such of them as are specified, commence on the day or days appointed by Proclamation. 4. Amendment of s. 4 . Parts of Act. Section 4 of the Principal Act is amended by inserting after the reference to the heading of Part IV the following words:- "PART IVA-OZONE DEPLETING SUBSTANCES (ss. 32A-32D);". 5. Amendment of s. 7. Interpretation . Section 7 (1) of the Principal Act is amended by- (a) adding at the end of the definition "Air impurity" after the word "plant;" the following words: "and (c) ozone depleting substances;"; (b) inserting after the definition "Occupier" the following definition:- "Ozone depleting substance" means any substance prescribed as such by regulation;". 6. New heading and sections . The Principal Act is amended by inserting after section 32 the following heading and sections:- "PART IVA-OZONE DEPLETING SUBSTANCES 32A. Regulations concerning ozone depleting substances. (1) The power to make regulations conferred by section 50 includes power to make regulations- (a) prescribing any substance to be an ozone depleting substance; (b) regulating the ,manufacture, sale, storage, use or possession of ozone depleting substances; (c) regulating the design of things intended to contain or use ozone depleting substances and the design of

Clean Air Act Amendment Act 1990, No. 51 921 things in the manufacture of which ozone depleting substances will be used; (d) regulating the manufacture, sale, storage, use or possession of things containing or using ozone depleting substances and the manufacture, sale, storage, use or possession of substances or things in the manufacture of which ozone depleting substances are used; (e) regulating the installation, operation, maintenance, repair, modification or decommissioning of things containing or using ozone depleting substances; (f) regulating the re-use, recycling, disposal or destruction of ozone depleting substances or substances or things containing or using ozone depleting substances; (g) regulating the labelling of things containing or using ozone depleting substances, the labelling of things in the manufacture of which ozone depleting substances are used, and methods for identifying ozone depleting substances (including identifying substances by adding colours or odours). (2) In subsection (1), "regulating" includes "prohibiting" and "requiring", if the context permits. (3) Section 50 (2) and (4) applies to regulations authorised to be made by this section. 328. Accreditation of courses . (1) The chief executive may, by notification published in the Gazette, specify the qualifications or licenses (whether under this or any other Act) to be possessed by persons engaged in any activity- (a) that may be regulated under section 32A (1); or (b) that is prescribed by regulation as an activity to which this section applies. (2) The chief executive may approve training courses for the purpose of providing qualifications or licenses under subsection M. 32c. Exemptions from regulations . (1) The chief executive may grant a person exemption in writing from complying with the regulations in respect of the use of an ozone depleting substance if the chief executive believes- (a) that to enforce compliance would deprive the community of substantial economic or social benefit; and (b) that no viable alternative to using the substance in that manner is readily available. (2) The exemption must be applied for in writing.

922 Clean Air Act Amendment Act 1990, No. 51 (3) The exemption may only be granted for a specified period but the chief executive may, after reviewing the matter, extend the exemption for a further specified period. (4) The exemption may be granted subject to any conditions the chief executive considers appropriate. (5) At any time the chief executive may revoke the exemption or amend, impose or revoke any condition. (6) No appeal lies against a determination made by the chief executive under this section. 32D. Seizure and forfeiture . (1) An inspector may seize and remove any thing the inspector believes- (a) to be an ozone depleting substance; or (b) to contain or use an ozone depleting substance; or (c) to be used in the manufacture or storage of an ozone depleting substance; in respect of which an offence against this Act may have been committed. (2) If a court convicts a person of an offence against this Act committed in respect of any thing described in subsection (l) (a), (b) or (c), it may order that the substance or thing be orfeited to the Crown if it believes the substance or thing to be the property of that person. (3) On application made by or on behalf of the chief executive, a magistrate's court may order that any thing seized under subsection (1) be forfeited to the Crown. (4) Forfeited property is to be disposed of as the Minister directs. (5) Any thing seized under subsection (1) may be retained for 6 months and must then be returned to the person entitled to possession of it unless- (a) it has been forfeited to the Crown; or (b) proceedings for an offence against this Act (alleged to have been committed in respect of the substance or thing) have been initiated and not determined or terminated; or (c) an application for its forfeiture or for an extension of the period for which it may be retained has been made and not determined or terminated; or (d) an extension of the period for which it may be retained has been granted and is current.

Clean Air Act Amendment Act 1990 , No. 51 923 (6) On application made by or on behalf of the chief executive, a magistrate's court may from time to time extend the period for which any thing seized under subsection (1) may be retained. (7) Rules of court may be made in respect of the making of applications under this section and the procedure for determining applications and until rules are made or to the extent to which they do not apply a court may adopt its own procedure and give directions concerning that procedure.". 7. Amendment of s. 40 . General powers of inspectors , &c. Section 40 of the Principal Act is amended by (a) renumbering subsection (2) as subsection (4); (b) omitting subsection (1) and substituting the following subsections:- "(1) To ascertain whether or not this Act has been or is being complied with, an inspector may do any of the following:- (a) enter any premises other than a private dwelling- house; (b) examine any plant, equipment, vehicle, thing or substance; (c) take samples and carry out tests; (d) require the occupier or any other person apparently in charge of premises to provide access to any part of the premises and to provide all other reasonable assistance; (e) open or move anything restricting access to any part of the premises, using a reasonable degree of force; (f) open any receptacle using a reasonable degree of force. (2) In subsection (1), "this Act" includes- (a) any regulation made under this Act; and (b) any requirement or order made pursuant to this Act; and (c) any condition of a licence or exemption granted under this Act. (3) In exercising any power, an inspector may be assisted by persons the inspector believes competent to provide that assistance.". 8. Repeal of s. 41. Occupiers to allow entry and inspection. The Principal Act is amended by repealing section 41.

924 Clean Air Act Amendment Act 1990, No. 51 9. Amendment of s. 42. Obstructing an inspector , etc. Section 42 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:- "(b) fails to comply with any requirement of an inspector, made (d); under section 40 (1) ". 10. Amendment of s. 50 . Regulations . Section 50 of the Principal Act is amended by- (a) renumbering paragraphs (xii), (xiii), (xiv) and (xv) as paragraphs (xvi), (xvii), (xviii) and (xix) respectively; (b) inserting after paragraph (x) the following paragraphs:- "(xi) prescribing any substance to be a prescribed fuel for the purpose of the regulations; (xii) prescribing the chemicals that may be constituents of any prescribed fuel and the maximum amounts or concentrations of those chemicals permitted in the prescribed fuel; (xiii) prescribing the additives and impurities that may be present in any prescribed fuels and the maximum amounts or concentrations of those additives and impurities that may be present; (xiv) prescribing quality standards for any prescribed fuel; (xv) prohibiting the use in vehicles or engines (belonging to any class prescribed by regulation) of prescribed fuel containing more than a prescribed concentration of lead;"; (c) omitting subsection (2) and substituting the following subsection:- "(2) Regulations may adopt, wholly or partly and specifically or by reference and with any amendment- (a) any of the standards, rules, codes, specifications or methods of any body; or (b) any standards, rules, codes, or specifications approved by the chief executive and published in the Gazette.". 11. Amendment of Schedule . The Schedule to the Principal Act is amended by- (a) in paragraph (3) deleting the expression "." and inserting the expression ";"; (b) inserting the following paragraph following paragraph (3):- "(4) on which any ozone depleting substance is used in the manufacture of plastic foam.".