Clean Air (Ozone Depleting Substances) Regulation 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 52 Clean Air Act 1963 CLEAN AIR (OZONE DEPLETING SUBSTANCES) REGULATION 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—OBJECT OF REGULATION AND ITS ACHIEVEMENT 3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 How object of regulation is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—INTERPRETATION 5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 4—CONTROLLED ARTICLES 6 Responsibilities of owner or person in possession of controlled article . . . 8 7 Labelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 5—CONTROLLED SUBSTANCES Division 1—Restriction on dealing with controlled substances 8 Prescribed ozone depleting substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Release of controlled substance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Restriction on sale or purchase of controlled substances . . . . . . . . . . . . . . . 9 11 Restriction on handling or use of controlled substances . . . . . . . . . . . . . . . . 9 12 Duty to reclaim controlled substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Disposal of a controlled substance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Clean Air (Ozone Depleting Substances) No. 52, 1994 Division 2—Equipment using controlled substances 14 Procedure for maintenance of equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Solvent cleaning or degreasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Dry cleaning equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Sterilisation equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 3—Miscellaneous 18 Aerosols containing controlled substances . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 6—REFRIGERATION AND AIRCONDITIONING 19 Refrigeration and airconditioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Installation of refrigeration or airconditioning equipment . . . . . . . . . . . . . . 12 PART 7—FOAMS 21 Manufacture of plastic foams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 8—FIXED HALON FLOODING SYSTEMS 22 Manufacture etc. of fixed halon flooding system . . . . . . . . . . . . . . . . . . . . . 13 23 Restriction on installation of fixed halon flooding system . . . . . . . . . . . . . . 13 24 Approval to install a fixed halon flooding system . . . . . . . . . . . . . . . . . . . . . 14 25 Testing fixed halon flooding systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 26 Discharge and reclaiming of controlled substances . . . . . . . . . . . . . . . . . . . 14 PART 9—PORTABLE HALON FIRE EXTINGUISHERS 27 Restriction on sale or refilling of portable halon fire extinguishers . . . . . . . 15 28 Approval to purchase or refill a portable halon fire extinguisher . . . . . . . . . 15 PART 10—EXEMPTIONS 29 Application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 30 Register of exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 11—MISCELLANEOUS Division 1—Fire extinguishers and refrigerant cylinders 31 Discharge of halon fire extinguishing devices . . . . . . . . . . . . . . . . . . . . . . . . 18 32 Aerosol or non-refillable fire extinguishers . . . . . . . . . . . . . . . . . . . . . . . . . . 18 33 Non-refillable refrigerant cylinders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2—Cancellations and appeals 34 Cancellation of exemption or approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 35 Return of cancelled certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

3 Clean Air (Ozone Depleting Substances) No. 52, 1994 36 Right to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 37 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 38 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 39 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 40 Powers of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 41 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 22 Division 3—General 42 Codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 12—TRANSITIONAL PROVISIONS 43 Decommissioning of portable halon fire extinguishers . . . . . . . . . . . . . . . . . 22 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 23 PRESCRIBED OZONE DEPLETING SUBSTANCES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 25 CONDITIONS THAT APPLY TO PARTICULAR ACTIVITIES INVOLVING CONTROLLED SUBSTANCES 1 Sale of controlled substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 2 Purchase of controlled substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3 Handling or use of controlled substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 4 Reclaiming of controlled substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 28 ACTIVITIES INVOLVING THE HANDLING OR USE OF CONTROLLED SUBSTANCES SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 29 ESSENTIAL USE CRITERIA FOR INSTALLATION, PURCHASE OR REFILLING OF HALON FIRE EXTINGUISHING DEVICES SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 30 CODES OF PRACTICE ADOPTED UNDER THE REGULATION

4 Clean Air (Ozone Depleting Substances) No. 52, 1994 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Clean Air (Ozone Depleting Substances) Regulation 1994 . ˙ Commencement 2.(1) Sections 6(1)(a), 7, 9, 10, 12 to 17, 19, 20, 22, 23, 25 to 27, 32 and 33 commence on 1 June 1994. (2) Section 21 commences on 31 December 1994. (3) Sections 6(1)(b), 6(2) and 11 commence on 1 June 1995. PART 2—OBJECT OF REGULATION AND ITS ACHIEVEMENT ˙ Object 3. The object of this regulation is to put into effect in Queensland measures to control the use of substances that deplete the stratospheric ozone layer. ˙ How object of regulation is to be achieved 4. The object of this regulation is to be achieved by— (a) providing for an orderly phase-out of certain ozone depleting substances; and (b) minimising the emission into the atmosphere of the substances remaining in use.

5 Clean Air (Ozone Depleting Substances) No. 52, 1994 PART 3—INTERPRETATION ˙ Definitions 5. In this regulation— “aerosol product” means a container that holds a substance packed under pressure either— (a) as the propellant for the expulsion of the contents of the container; or (b) as the contents to be expelled; “code of practice” means a code of work practices adopted under section 42; “commercial or industrial airconditioning equipment” means airconditioning equipment that — (a) has a cooling or heating capacity more than 18 kW; or (b) has a cooling or heating capacity less than 18 kW and is used other than for domestic purposes; “commercial or industrial refrigeration equipment” means refrigeration equipment that — (a) is designed to operate with a charge of 1 kg or more of a controlled substance; or (b) is designed to operate with a charge of less than 1 kg of a controlled substance and is used other than for domestic purposes; “commission” of a controlled article means to bring the article into operation in a way that involves the handling and use of a controlled substance; “controlledarticle” means an article, or the part of an article, that contains or uses a controlled substance as a working fluid in the operation or structure of the article but does not include foam manufacturing equipment; “controlled substance” means a prescribed ozone depleting substance (whether existing alone or mixed with another substance), and includes

6 Clean Air (Ozone Depleting Substances) No. 52, 1994 the refrigerants R500 and R502, but does not include a substance that contains less than 1% of a prescribed ozone depleting substance; “Court” means a Magistrates Court; “decommission” of a controlled article means to dismantle the article before its relocation, disposal or use for another purpose; “dissatisfied person” means— (a) for a decision of the chief executive not to grant a certificate of exemption or approval—the applicant for the certificate of exemption or approval; or (b) for a decision of the chief executive to cancel a certificate of exemption or approval—the holder of the certificate of exemption or approval; or (c) for a decision of the chief executive to impose a condition on the granting of a certificate of exemption or approval—the grantee of the certificate of exemption or approval; “domestic airconditioning equipment” means airconditioning equipment other than commercial or industrial airconditioning equipment; “domestic refrigeration equipment” means refrigeration equipment other than commercial or industrial refrigeration equipment; “fixed halon flooding system” means a fire extinguisher that uses a halon in its operation (other than a portable fire extinguisher); “halon” means a prescribed ozone depleting substance specified under the heading ‘HALONS’ in Schedule 1; “installation” of a controlled article means installation that involves the handling and use of a controlled substance; “motor vehicle” means any vehicle, including farm machinery and earthmoving equipment, to which airconditioning equipment can be fitted; “motor vehicle airconditioning equipment” means airconditioning equipment— (a) that is fitted to a motor vehicle; and (b) that relies on the vehicle’s motive power to drive the equipment’s

7 Clean Air (Ozone Depleting Substances) No. 52, 1994 compressor; “portable halon fire extinguisher” means a portable fire extinguisher that uses a halon in its operation; “prescribed ozone depleting substance” means a substance prescribed under this regulation as a prescribed ozone depleting substance; “purchase” includes— (a) acquire by exchange; and (b) accept under an agreement; and (c) agree, offer or attempt to purchase; “reclaim” , for a controlled substance, means to collect and contain the substance; “relevant code of practice” , for a particular activity, means a code of practice that— (a) provides the way in which the activity is to be carried out; and (b) is adopted under this regulation for the activity; “sell” includes— (a) exchange or supply; and (b) agree, offer or attempt to sell; “service” of a controlled article means any repair, maintenance or adjustment of the article involving the handling or use of a controlled substance; “statement of results” for an activity mentioned in Schedule 3 means a statement of results held by a person who has successfully completed a training course approved by the chief executive under section 32B(2) of the Act; “sterilisation equipment” means equipment that is used for gas sterilisation of medical equipment.

8 Clean Air (Ozone Depleting Substances) No. 52, 1994 PART 4—CONTROLLED ARTICLES ˙ Responsibilities of owner or person in possession of controlled article 6.(1) A person who owns, or has possession of, a controlled article must— (a) operate and maintain the article as required by the relevant code of practice; and (b) engage only a person who holds an appropriate statement of results to install, commission, service or decommission the article. Maximum penalty—10 penalty units. (2) Subsection (1)(b) does not apply to— (a) equipment using a controlled substance as a solvent for cleaning or degreasing; or (b) sterilisation equipment. ˙ Labelling 7.(1) A manufacturer or importer of a controlled article must attach a label to the article. (2) The label must— (a) be attached so that it is visible to a person about to work on the article; and (b) specify the controlled substances contained or used in the article; and (c) be legible; and (d) contrast in colour with the article; and (e) be capable of enduring for the life of the article. Maximum penalty—10 penalty units.

9 Clean Air (Ozone Depleting Substances) No. 52, 1994 PART 5—CONTROLLED SUBSTANCES Division 1—Restriction on dealing with controlled substances ˙ Prescribed ozone depleting substances 8. The substances specified in Schedule 1 are prescribed ozone depleting substances. ˙ Release of controlled substance 9. A person must not release a controlled substance into the atmosphere from any equipment mentioned in Schedule 3 or from any storage vessel unless the release is carried out under the relevant code of practice. Maximum penalty—10 penalty units. ˙ Restriction on sale or purchase of controlled substances 10. A person who sells or purchases a controlled substance must comply with clause 1 or 2 of Schedule 2. Maximum penalty—10 penalty units. ˙ Restriction on handling or use of controlled substances 11. A person must not engage in an activity specified in Schedule 3 involving the handling or use of a controlled substance, unless the person— (a) holds a statement of results for the activity; or (b) engages in the activity under the direct supervision of a person who holds a statement of results for the activity. Maximum penalty—10 penalty units. ˙ Duty to reclaim controlled substances 12.(1) This section applies to a person who engages in— (a) an activity specified in Schedule 3 that might result in the release

10 Clean Air (Ozone Depleting Substances) No. 52, 1994 of a controlled substance into the atmosphere; or (b) the service or maintenance of domestic airconditioning equipment at premises established for that purpose. (2) The person must ensure that any controlled substance released is reclaimed and processed as required by the relevant code of practice and clauses 3 and 4 of Schedule 2. Maximum penalty—10 penalty units. ˙ Disposal of a controlled substance 13.(1) If a person, other than a seller of controlled substances, is in possession of a controlled substance— (a) that is contaminated; or (b) the use of which is prohibited under this regulation; the person must return the substance to a person who sells controlled substances. Maximum penalty—10 penalty units. (2) Subsection (1) does not apply if the controlled substance is a halon. (3) A seller of controlled substances who is in possession of a controlled substance mentioned in subsection (1) must ask the chief executive to approve the disposal or destruction of the substance. Maximum penalty—10 penalty units. (4) The chief executive must give written notice to the person— (a) directing the way the substance is to be disposed of or destroyed; and (b) of the day for compliance with the notice. (5) The person must comply with the notice. Maximum penalty for subsection (5)—10 penalty units.

11 Clean Air (Ozone Depleting Substances) No. 52, 1994 Division 2—Equipment using controlled substances ˙ Procedure for maintenance of equipment 14. A person who operates equipment used in the handling and transfer of a controlled substance to or from bulk storage vessels having a capacity of greater than 100 kg must operate and maintain the equipment as required by the relevant code of practice. Maximum penalty—10 penalty units. ˙ Solvent cleaning or degreasing 15. A person who operates or services equipment that uses a controlled substance as a solvent for cleaning or degreasing must— (a) comply with the relevant code of practice; and (b) ensure that all controlled substances are reclaimed and processed as required by clause 4 of Schedule 2. Maximum penalty—10 penalty units. ˙ Dry cleaning equipment 16. A person who operates or services dry cleaning equipment that uses a controlled substance in its operation must comply with the relevant code of practice. Maximum penalty—10 penalty units. ˙ Sterilisation equipment 17.(1) A person must not install sterilisation equipment that contains or uses a controlled substance. (2) A person who operates or services sterilisation equipment that uses a controlled substance in its operation must comply with the relevant code of practice. Maximum penalty—10 penalty units.

12 Clean Air (Ozone Depleting Substances) No. 52, 1994 Division 3—Miscellaneous ˙ Aerosols containing controlled substances 18.(1) A person must not manufacture or sell an aerosol product containing a controlled substance unless the person holds a current exemption granted under section 40 of the Ozone Protection Act 1989 (Cwlth). Maximum penalty—10 penalty units. (2) Subsection (1) does not apply to the sale of an aerosol product that contains methyl chloroform as the only controlled substance. PART 6—REFRIGERATION AND AIRCONDITIONING ˙ Refrigeration and airconditioning 19. A person who manufactures, installs or services any of the following equipment that uses a controlled substance must comply with the relevant code of practice— (a) commercial or industrial refrigeration equipment; (b) commercial or industrial airconditioning equipment; (c) motor vehicle airconditioning equipment; (d) domestic refrigeration equipment. Maximum penalty—10 penalty units. ˙ Installation of refrigeration or airconditioning equipment 20.(1) In this section— “install” does not include relocating equipment either within the same premises or to other premises under the control of the same person; “refrigeration or airconditioning equipment” means commercial or

13 Clean Air (Ozone Depleting Substances) No. 52, 1994 industrial refrigeration or airconditioning equipment that contains or uses a controlled substance. (2) A person must not install refrigeration or airconditioning equipment unless— (a) the person holds a current exemption from compliance granted under section 40 of the Ozone Protection Act 1989 (Cwlth) for the equipment; or (b) the equipment is the subject of a current exemption under the Ozone Protection Act 1989 (Cwlth). Maximum penalty—10 penalty units. PART 7—FOAMS ˙ Manufacture of plastic foams 21. A person must not use a controlled substance in the manufacture of a plastic foam unless the person holds a current exemption granted under section 40 of the Ozone Protection Act 1989 (Cwlth). Maximum penalty—10 penalty units. PART 8—FIXED HALON FLOODING SYSTEMS ˙ Manufacture etc. of fixed halon flooding system 22. A person who manufactures, installs, services, maintains or decommissions a fixed halon flooding system must comply with the relevant code of practice. Maximum penalty—10 penalty units.

14 Clean Air (Ozone Depleting Substances) No. 52, 1994 ˙ Restriction on installation of fixed halon flooding system 23. A person must not install, or cause to be installed, a fixed halon flooding system without the approval of the chief executive. Maximum penalty—10 penalty units. ˙ Approval to install a fixed halon flooding system 24.(1) An application for approval to install a fixed halon flooding system must— (a) be in the form approved by the chief executive; and (b) be made to the chief executive. (2) The chief executive must consider each application and must either grant or refuse it. (3) If the chief executive is satisfied that the essential use criteria specified in Schedule 4 are satisfied, the chief executive must grant the application and issue a certificate of approval. (4) The chief executive may impose conditions on the certificate of approval. (5) The chief executive must— (a) endorse the conditions on the certificate of approval; and (b) give the applicant written notice that the applicant may appeal against the imposition of the conditions within 28 days to a Magistrates Court. (6) If the application is refused, the chief executive must promptly give written notice to the applicant— (a) of the refusal and the reasons for the refusal; and (b) that the applicant may appeal against the decision within 28 days to a Magistrates Court. ˙ Testing fixed halon flooding systems 25. A person must not test a fixed halon flooding system in a way that

15 Clean Air (Ozone Depleting Substances) No. 52, 1994 might result in the release of a controlled substance into the atmosphere. Maximum penalty—10 penalty units. ˙ Discharge and reclaiming of controlled substances 26.(1) This section applies to the owner or occupier of premises on which a fixed halon flooding system is installed. (2) The person must— (a) give written notice as required by subsection (3) to the chief executive of any discharge of a controlled substance from the system, and the reason for the discharge; and (b) ensure that, when the system is serviced or decommissioned, a controlled substance that would otherwise be released, is reclaimed. Maximum penalty—10 penalty units. (3) Notice must be given within 30 days of the discharge. PART 9—PORTABLE HALON FIRE EXTINGUISHERS ˙ Restriction on sale or refilling of portable halon fire extinguishers 27. A person must not sell a portable halon fire extinguisher to, or refill a portable halon fire extinguisher for, someone else (the “customer” ) unless the customer gives the person a certificate of approval to purchase the portable halon fire extinguisher or to have the portable halon fire extinguisher refilled. Maximum penalty—10 penalty units. ˙ Approval to purchase or refill a portable halon fire extinguisher 28.(1) An application for a certificate of approval to purchase a portable halon fire extinguisher, or have a portable halon fire extinguisher refilled,

16 Clean Air (Ozone Depleting Substances) No. 52, 1994 must— (a) be in a form approved by the chief executive; and (b) be made to the chief executive. (2) The chief executive must consider each application and must either grant or refuse it. (3) If the chief executive is satisfied that the essential use criteria specified in Schedule 4 are satisfied, the chief executive must grant the application and issue a certificate of approval. (4) The chief executive may impose conditions on the certificate of approval. (5) The chief executive must— (a) endorse the conditions on the certificate of approval; and (b) give the applicant written notice that the applicant may appeal against the imposition of the conditions within 28 days to a Magistrates Court. (6) If the application is refused, the chief executive must promptly give written notice to the applicant— (a) of the refusal and the reasons for the refusal; and (b) that the applicant may appeal against the decision within 28 days to a Magistrates Court. PART 10—EXEMPTIONS ˙ Application for exemption 29.(1) An application under section 32C of the Act, for exemption from complying with a provision of this regulation, must— (a) be in a form approved by the chief executive; and (b) be made to the chief executive. (2) The chief executive must consider each application and must either

17 Clean Air (Ozone Depleting Substances) No. 52, 1994 grant or refuse it. (3) If an application is granted, the chief executive must issue a certificate of exemption. (4) The chief executive may impose conditions on the certificate of exemption. (5) The chief executive must— (a) endorse the conditions on the certificate of exemption; and (b) give the applicant written notice that the applicant may appeal against the imposition of the conditions within 28 days to a Magistrates Court. (6) A certificate of exemption— (a) remains in force for the period specified in the certificate; and (b) may be extended on application for a further exemption. (7) If an application is refused, the chief executive must promptly give written notice to the applicant— (a) of the refusal and the reasons for the refusal; and (b) that the applicant may appeal against the decision within 28 days to a Magistrates Court. ˙ Register of exemptions 30. The chief executive must— (a) establish a register of exemptions granted under section 32C of the Act; and (b) keep the register open for inspection by members of the public during office hours on business days at— (i) the department’s head office; and (ii) the other places that the chief executive considers appropriate.

18 Clean Air (Ozone Depleting Substances) No. 52, 1994 PART 11—MISCELLANEOUS Division 1—Fire extinguishers and refrigerant cylinders ˙ Discharge of halon fire extinguishing devices 31. A person must not discharge a halon fire extinguishing device into the atmosphere other than to extinguish a fire in an emergency. Maximum penalty—10 penalty units. ˙ Aerosol or non-refillable fire extinguishers 32. A person must not sell an aerosol fire extinguisher or a non-refillable fire extinguisher that uses a controlled substance. Maximum penalty—10 penalty units. ˙ Non-refillable refrigerant cylinders 33. A person must not— (a) manufacture or bring into Queensland a non-refillable cylinder containing a refrigerant that is a controlled substance; or (b) commission a non-refillable cylinder using a refrigerant that is a controlled substance. Maximum penalty—10 penalty units. Division 2—Cancellations and appeals ˙ Cancellation of exemption or approval 34.(1) If the chief executive believes that reasonable grounds exist to cancel a certificate of exemption or approval (the “certificate” ) because the holder of the certificate has— (a) contravened a condition of the certificate; or (b) committed an offence against the Act; or

19 Clean Air (Ozone Depleting Substances) No. 52, 1994 (c) ceased to carry on the activity to which the certificate relates; the chief executive must give the holder a written notice (the “show cause notice” ). (2) The show cause notice must— (a) state that the chief executive proposes to cancel the certificate; and (b) state the grounds for proposing to cancel the certificate; and (c) outline the facts and circumstances that form the basis of the chief executive’s belief; and (d) invite the holder to show cause within a specified time, of not less than 28 days, why the certificate should not be cancelled. (3) If, after considering all representations made within the specified time, the chief executive still believes that grounds to cancel the certificate exist, the chief executive may cancel the certificate. (4) The chief executive must inform the holder of the certificate of the decision by written notice. (5) If the chief executive decides to cancel the certificate, the notice must state— (a) the reason for the decision; and (b) that the holder may appeal against the decision within 28 days to a Magistrates Court. (6) The decision takes effect on the later of the following— (a) the day on which notice is given to the holder; (b) the day specified in the notice. ˙ Return of cancelled certificate 35.(1) If the chief executive cancels a person’s certificate of exemption or approval, the chief executive may give the person a written notice requiring the person to return the certificate within a specified period, of not less that 14 days. (2) The person must comply with the notice, unless the person has a

20 Clean Air (Ozone Depleting Substances) No. 52, 1994 reasonable excuse not to comply with it. Maximum penalty—10 penalty units. ˙ Right to appeal 36.(1) A dissatisfied person may appeal against the chief executive’s decision— (a) not to grant a certificate of exemption or approval (the “certificate” ); or (b) to cancel a certificate; or (c) to impose a condition on the granting of a certificate. (2) A dissatisfied person may appeal against the decision to the Magistrates Court exercising jurisdiction in the Magistrates Court District— (a) if the appellant is an individual—in which the appellant lives; or (b) if the appellant is a corporation—in which the registered office of the appellant is situated. ˙ How to start appeal 37.(1) An appeal is started by— (a) filing a written notice of appeal with the clerk of the court of the Magistrates Court; and (b) serving a copy of the notice on the chief executive. (2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision appealed against. (3) The Court may extend the period for filing the notice of appeal (whether or not the period has ended). (4) The notice of appeal must state the grounds of the appeal. ˙ Stay of operation of decisions 38.(1) The Court has power to grant a stay of a decision appealed against for the purpose of securing the effectiveness of the appeal.

21 Clean Air (Ozone Depleting Substances) No. 52, 1994 (2) A stay— (a) may be granted on conditions that the Court considers appropriate; and (b) has effect for the period specified by the Court; and (c) may be revoked or amended by the Court. (3) The period of a stay specified by the Court must not extend past the time when the Court decides the appeal. (4) An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed. ˙ Hearing procedures 39.(1) The power under the Magistrates Courts Act 1921 to make rules for Magistrates Courts includes power to make rules for appeals to Magistrates Courts under this regulation. (2) The procedure for an appeal to a Magistrates Court under this Act must be in accordance with— (a) the rules made under the Magistrates Courts Act 1921 ; or (b) in the absence of relevant rules—directions of the Court. (3) An appeal must be by way of rehearing, unaffected by the chief executive’s decision. (4) In deciding an appeal, the Court— (a) is not bound by the rules of evidence; and (b) must observe natural justice; and (c) may hear the appeal in court or chambers. ˙ Powers of Court on appeal 40.(1) In deciding an appeal, the Court may— (a) confirm the decision appealed against; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the matter to the chief executive

22 Clean Air (Ozone Depleting Substances) No. 52, 1994 with directions that the Court considers appropriate. (2) In substituting another decision, the Court has the same powers as the chief executive. (3) If the Court substitutes another decision, the substituted decision is taken, for the purposes of this Act, to be the chief executive’s decision. ˙ Appeal to District Court on questions of law only 41. A party dissatisfied by the decision of the Court may appeal to a District Court, but only on a question of law. Division 3—General ˙ Codes of practice 42. Each of the codes of practice specified in Schedule 5 is adopted as the relevant code of practice for the activity concerned. PART 12—TRANSITIONAL PROVISIONS ˙ Decommissioning of portable halon fire extinguishers 43.(1) A person who is in possession of a portable halon fire extinguisher on 1 June 1994 must ensure that the extinguisher is decommissioned and that all the halon it contains is reclaimed— (a) before 1 January 1996; or (b) when the extinguisher is wholly or partially discharged; whichever happens first. Maximum penalty—10 penalty units. (2) Subsection (1) does not apply to a person who has obtained a certificate of approval under section 28.

23 Clean Air (Ozone Depleting Substances) ¡ SCHEDULE 1 No. 52, 1994 PRESCRIBED OZONE DEPLETING SUBSTANCES section 8 Substance Common name Chemical formula CHLOROFLUOROCARBONS Trichlorofluoromethane Dichlorodifluoromethane Monochlorotrifluoromethane Pentachlorofluoroethane Tetrachlorodifluoroethane Trichlorotrifluoroethane Dichlorotetrafluoroethane Monochloropentafluoroethane Heptachlorofluoropropane Hexachloradifluoropropane Pentachlorotrifluoropropane Tetrachlorotetrafluoropropane Trichloropentafluoropropane Dichlorohexafluoropropane Chloroheptafluoropropane CFC 11 CFC 12 CFC 13 CFC 111 CFC 112 CFC 113 CFC 114 CFC 115 CFC 211 CFC 212 CFC 213 CFC 214 CFC 215 CFC 216 CFC 217 CCI 3 F CCI 2F2 CCIF 3 C 2 CI 5 F C 2 CI 4F2 C 2 CI 3F3 C 2 CI 2F4 C 2 CIF 5 C 3 CI 7 F C 3 CI 6F2 C 3 CI 5F3 C 3 CI 4F4 C 3 CI 3F5 C 3 CI 2F6 C 3 CIF 7

24 Clean Air (Ozone Depleting Substances) No. 52, 1994 SCHEDULE 1 (continued) HALONS Bromochlorodifluoromethane Bromotrifluoromethane Dibromotetrafluoroethane Halon 1211 Halon 1301 Halon 2402 CBrCIF 2 CBrF 3 C 2 Br 2F4 OTHER SUBSTANCES Carbon tetrachloride 1, 1, 1 – Trichloroethane Methyl Chloroform CCI 4 C 2 H 3 CI 3

25 Clean Air (Ozone Depleting Substances) No. 52, 1994 ¡ SCHEDULE 2 CONDITIONS THAT APPLY TO PARTICULAR ACTIVITIES INVOLVING CONTROLLED SUBSTANCES sections 10, 12 and 15 ˙ Sale of controlled substances 1.(1) A seller of controlled substances must— (a) ensure that a person employed or engaged by the seller to transfer the substance between vessels— (i) is trained in the procedures contained in the relevant code of practice for the handling and storage of the substance; and (ii) transfers the substance as required by the relevant code of practice in a way that prevents or minimises release of the substance into the atmosphere; and (b) at the request of a purchaser of controlled substances, provide a suitable container clearly labelled with— (i) the word ‘reclaimed’; and (ii) the designation number of the substance and its colour code as specified in Australian Standard AS 1942–1987, ‘Refrigerant Gas Cylinder Identification’ or, if no designation number is specified in Australian Standard AS 1942–1987, the common name specified in Schedule 1; and (iii) the name and address of the seller; and (iv) a statement that the container must be used only for the storage and return of the substance specified; and (c) not sell a controlled substance in a container that cannot be recharged or refilled.

26 Clean Air (Ozone Depleting Substances) No. 52, 1994 SCHEDULE 2 (continued) (2) A seller of controlled substances must accept a controlled substance returned to the seller in a suitable container, if the contents comply with details specified on the label of the container. (3) Subclauses (1)(b) and (2) do not apply if the controlled substance is a halon. ˙ Purchase of controlled substances 2. A purchaser of controlled substances must not return to a seller a container marked as required by clause 1(1)(b) if it contains a substance other than the substance specified on the container, unless the container is clearly marked to show— (a) it contains a mixture of substances; or (b) the contents are contaminated, or suspected of being contaminated, with a substance other than refrigerant oil, moisture, acid or non-condensable gases. ˙ Handling or use of controlled substances 3. A person engaging in an activity specified in Schedule 3 must— (a) reclaim into an appropriate container only the controlled substance specified on the container’s label; and (b) use a container that— (i) complies with the labelling requirements of clause 1(1)(b); and (ii) is suitable to store the reclaimed controlled substance; and (c) ensure that a label complying with the requirements of section 7 is attached, when the controlled article is installed, commissioned or serviced. ˙ Reclaiming of controlled substances 4. A person reclaiming a controlled substance or accepting the return of a

27 Clean Air (Ozone Depleting Substances) No. 52, 1994 SCHEDULE 2 (continued) controlled substance must— (a) return the substance to a person who sells controlled substances; or (b) re-use, re-process, recycle or securely store the substance; or (c) resell the substance; or (d) if the person is a seller of controlled substances—destroy the substance in the way directed by the chief executive.

28 Clean Air (Ozone Depleting Substances) No. 52, 1994 ¡ SCHEDULE 3 ACTIVITIES INVOLVING THE HANDLING OR USE OF CONTROLLED SUBSTANCES sections 11 and 12, Schedule 2 1. Manufacture, installation, operation, service, maintenance and decommissioning of dry cleaning equipment. 2. Manufacture, installation, service, maintenance and decommissioning of motor vehicle airconditioning equipment. 3. Manufacture, installation, service, maintenance and decommissioning of commercial or industrial refrigeration or airconditioning equipment. 4. Manufacture, service and maintenance of domestic refrigerators. 5. Manufacture, installation, service, maintenance and decommissioning of halon fire extinguishing devices.

29 Clean Air (Ozone Depleting Substances) No. 52, 1994 ¡ SCHEDULE 4 ESSENTIAL USE CRITERIA FOR INSTALLATION, PURCHASE OR REFILLING OF HALON FIRE EXTINGUISHING DEVICES sections 24 and 28 1. There is no acceptable alternative type of fire protection. 2. The availability of the device is essential— (a) to protect persons in a situation where human occupancy is essential and timely evacuation is not possible; or (b) to continue the operation of equipment that is necessary to protect human life; or (c) to protect a facility essential to the community from the substantial loss of property or function that could be caused by a fire in the facility.

30 Clean Air (Ozone Depleting Substances) No. 52, 1994 ¡ SCHEDULE 5 CODES OF PRACTICE ADOPTED UNDER THE REGULATION section 42 1. Australian Refrigeration and Air Conditioning Code of Practice for the Reduction of Emissions of Controlled Ozone Depleting Refrigerants in Commercial and Industrial Refrigeration and Air Conditioning Applications (HB40—1992) , prepared by the Association of Fluorocarbon Consumers and Manufacturers (AFCAM) and endorsed by the Australian and New Zealand Environment and Conservation Council (ANZECC). 2. Domestic Refrigeration Code of Good Practice for the Reduction of Emissions of Chlorofluorocarbons (CFC’s) R12 in Domestic Refrigeration Applications , prepared by the Association of Fluorocarbon Consumers and Manufacturers and endorsed by the Australian and New Zealand Environment and Conservation Council on 4 May 1990. 3. Code of Practice for the Minimisation of Chlorofluorocarbon (CFC) Emissions from Dry Cleaning Plants using CFC113 Solvent , prepared by the Dry Cleaning Institute of Australia Ltd, dated December 1989 and first printed in May 1990. 4. Code of Practice for the Control of Chlorofluorocarbons from Motor Vehicle Air Conditioners , prepared by the Motor Trades Association of Australia and endorsed by the Australian and New Zealand Environment and Conservation Council on 7 January 1991. 5. Code of Practice for the Minimisation of Chlorofluorocarbon (CFC) Emissions from Degreasing/Cleaning Plants using CFC113 Solvents , prepared by the Association of Fluorocarbon Consumers and Manufacturers (AFCAM) and endorsed by the Australian and New Zealand Environment and Conservation Council on 4 May 1990. 6. Code of Practice, Methyl Chloroform (1, 1, 1-Trichloroethane) ,

31 Clean Air (Ozone Depleting Substances) No. 52, 1994 SCHEDULE 5 (continued) prepared by the Association of Fluorocarbon Consumers and Manufacturers and endorsed by the Australian and New Zealand Environment and Conservation Council on 20 May 1992. 7. Code of Practice for Manufacture and Use of Ethylene Oxide/CFC-12 Mixtures for Sterilisation Processes , prepared by the Association of Fluorocarbon Consumers and Manufacturers on 15 October 1993. 8. Halon and Fire Protection Codes of Practice prepared by the Fire Protection Industry Association of Australia and endorsed by the Australian and New Zealand Environment and Conservation Council on 25 October 1990 and issued on 1 November 1990. ENDNOTES 1. Made by the Governor in Council on 17 February 1994. 2. Notified in the Gazette on 18 February 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Environment and Heritage. © State of Queensland 1994