Ozone Protection Amendment Regulations 2004 (No. 1) (Cth)

Ozone Protection Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 162

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

Dated 19 February 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

DAVID KEMP

Minister for the Environment and Heritage

1Name of Regulations

These Regulations are the Ozone Protection Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations commence on the date of their notification in the Gazette.

3Amendment of Ozone Protection Regulations 1995

Schedule 1 amends the Ozone Protection Regulations 1995.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 1

after

Ozone Protection

insert

and Synthetic Greenhouse Gas Management

[2]Regulations 2, 3 and 4

substitute

2Definition

In these Regulations:

Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

3Exemption (Act s 13)

For subsection 13 (1A) of the Act, the following circumstances are prescribed:

1. (a)

   in the case of the manufacture or import of an SGG by a person — that a permit for the manufacture or import of the quantity and kind of the SGG has been granted to the person under regulation 3A;

2. (b)

   in the case of the manufacture of an SGG — that the manufacture consists of the formation of the SGG as a by‑product of the manufacture of aluminium.

3APermit for use of SGG in production or casting of magnesium

1. (1)

   The Minister may grant a permit for a specified quantity of a specified SGG to be manufactured or imported for use in the production or casting of magnesium if the person proposing to manufacture or import it produces:

   1. (a)

      if the SGG will be supplied to another person — a purchase order or similar document from the person to whom the SGG will be supplied; and

   2. (b)

      a statement from the person intending to use the SGG that it will be used in the production or casting of magnesium.

Note See the Criminal Code, section 136.1, in relation to the making of false statements in applications for a licence, authority or benefit.

1. (2)

   The permit must specify the period for which it remains valid.

2. (3)

   The Minister may revoke the permit if:

   1. (a)

      because of an event occurring before the SGG is manufactured or imported, the SGG is not able to be used for the purpose for which the permit was granted; or

   2. (b)

      there is reason to believe that a quantity of the SGG has been diverted to another purpose.

3BReview of decisions under regulation 3A

Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister:

1. (a)

   to refuse to grant a permit under subregulation 3A (1); or

2. (b)

   to grant a permit with a particular period of validity; or

3. (c)

   to revoke a permit.

3CApplication fee for licence (Act s 14)

1. (1)

   For paragraph 14 (1) (aa) of the Act, the following application fees are prescribed:

   1. (a)

      for a controlled substances licence — $15 000;

   2. (b)

      for an essential uses licence — $3 000;

   3. (c)

      for a used substances licence — $15 000;

   4. (d)

      for a pre-charged equipment licence — $3 000.

2. (2)

   The Minister may waive the payment, by a person, of an application fee under subregulation (1) if:

   1. (a)

      the person applies for a controlled substances licence or a used substances licence to allow the manufacture, import or export of less than half a tonne of scheduled substances; and

   2. (b)

      the Minister is satisfied that the import, export or manufacture is for test purposes.

4Application fee for exemption (Act s 40)

For paragraph 40 (2) (b) of the Act, the fee is $3 000.

[3]Regulation 6A

omit

payment of the fee

insert

payment of the application fee

[4]Schedule

omit

Notes

1. These Regulations amend Statutory Rules 1995 No. 389, as amended by 1999 No. 73; 2002 No. 8; 2003 No. 279.

2. Notified in the Commonwealth of Australia Gazette