Ozone Protection Regulations (Cth)
OZONE PROTECTION REGULATIONS
(#DATE 17:02:1994)
(#DATE 17:02:1994)
- In force under the Ozone Protection Act 1989
*1* The Ozone Protection Regulations (in force under the Ozone Protection Act 1989) as shown in this reprint comprise Statutory Rules 1989 No. 70 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1989 No. 70 28 Apr 1989 Rr. 10 and 11:
1 July 1989
Remainder:
28 Apr 1989
1992 No. 348 9 Nov 1992 9 Nov 1992 (see -
r. 1 and Gazette
1992, No. S321)
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 4 am. 1992 No. 348
Schedule am. 1992 No. 348
OZONE PROTECTION REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Interpretation
4. Form of application for licence
5. Form of licence
6. Form of application for quota
7. Form of application for renewal of quota
8. Form of application for variation of quota
9. Form of application for exemption
10. Records to be kept by licensees
11. Licence numbers to be shown on records
SCHEDULE
Forms
OZONE PROTECTION REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Ozone Protection Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
OZONE PROTECTION REGULATIONS - REG 2
Commencement
2. Regulations 10 and 11 commence on 1 July 1989.
OZONE PROTECTION REGULATIONS - REG 3
Interpretation
3. (1) In these Regulations, unless the contrary intention appears:
"the Act" means the Ozone Protection Act 1989.
(2) For the purposes of these Regulations, a person shall be taken to be a person who manages or controls, or is to manage or control, the operations of a body corporate if:
(a) the person has, or would have, authority to direct the operations of the body corporate; or
(b) the person has, or would have, authority to direct a person who has, or would have, authority of the kind referred to in paragraph (a).
OZONE PROTECTION REGULATIONS - REG 4
Form of application for licence
4. (1) For the purposes of paragraph 14 (1) (a) of the Act:
(a) Form 1 is prescribed in respect of a stage-1 CFC or a halon other than a halon referred to in paragraph (b); and
(b) Form 1A is prescribed in respect of a stage-2 CFC, a halon that is to be exported, carbon tetrachloride or methyl chloroform.
(2) An application for a licence shall be accompanied by a statement:
(a) where the applicant is a body corporate - by each person who is a director, servant or agent of the body corporate who manages or controls, or is to manage or control, the operations of the body corporate; or
(b) where the applicant is a natural person - by that person;
of the matters referred to in paragraphs 16 (5) (a), (b) and (c) of the Act, as they relate to the person making the statement.
OZONE PROTECTION REGULATIONS - REG 5
Form of licence
5. For the purposes of subsection 16 (2) of the Act, Form 2 is prescribed.
OZONE PROTECTION REGULATIONS - REG 6
Form of application for quota
6. For the purposes of paragraph 27 (1) (a) of the Act, Form 3 is prescribed.
OZONE PROTECTION REGULATIONS - REG 7
Form of application for renewal of quota
7. For the purposes of paragraph 31 (2) (a) of the Act, Form 4 is prescribed.
OZONE PROTECTION REGULATIONS - REG 8
Form of application for variation of quota
8. For the purposes of paragraph 34 (2) (a) of the Act, Form 5 is prescribed.
OZONE PROTECTION REGULATIONS - REG 9
Form of application for exemption
9. For the purposes of subsection 40 (2) of the Act, Form 6 is prescribed.
OZONE PROTECTION REGULATIONS - REG 10
Records to be kept by licensees
10. A person who is, at any time in a month, a licensee shall keep a record in writing of:
(a) the quantities of each scheduled substance manufactured, imported and exported by the person in the month;
(b) in respect of each quantity of a scheduled substance that has been imported by the person in the month:
(i) the date of importation;
(ii) the full name and address of the person from whom the
scheduled substance was imported;
(iii) the place at which the scheduled substance was
discharged from the ship or aircraft on which the scheduled substance was carried;
(iv) where the scheduled substance was imported on a ship -
the name of the ship; and
(v) where the scheduled substance was imported on an
aircraft - the flight number of the flight on which the scheduled substance was carried; and
(c) in respect of each quantity of a scheduled substance that has been exported by the person in the month:
(i) the date of exportation;
(ii) the full name and address of the person to whom the
scheduled substance was exported;
(iii) the place at which the scheduled substance was loaded
on the ship or aircraft on which the scheduled substance was carried;
(iv) where the scheduled substance was exported on a ship -
the name of the ship; and
(v) where the scheduled substance was exported on an
aircraft - the flight number of the flight on which the scheduled substance was carried.
Penalty:
(a) in the case of a natural person - $1,000; or
(b) in the case of a body corporate - $5,000.
OZONE PROTECTION REGULATIONS - REG 11
Licence numbers to be shown on records
11. (1) A record kept by a licensee shall show the licence number of the licensee.
(2) Where the record consists of more than 1 page, the pages shall be numbered in a regular arithmetic series beginning with the number 1.
(3) Each page of a record shall show the licence number of the licensee.
OZONE PROTECTION REGULATIONS - SCHEDULE SCH
SCHEDULE Regulation 4
Form 1
COMMONWEALTH OF AUSTRALIA
OZONE PROTECTION ACT 1989
APPLICATION FOR A LICENCE UNDER SECTION 14
1. Full name of applicant:
2. Address of applicant, other than a company:
3. Registered office of applicant company:
4. Address of applicant for correspondence:
5. Name of contact person (if not applicant):
6. Telephone, telex and facsimile numbers (if any) of applicant
or (if applicable) contact person -
telephone:
telex:
facsimile:
7. If the applicant at any time between 31 December 1985 and 16
March 1989 conducted, or participated in the conduct of, an
enterprise in the course of which a CFC or halon was
manufactured, imported or exported, give details of:
(a) the person who conducted the enterprise:
(b) other participants in the conduct of the enterprise:
(c) the nature of the enterprise:
(d) where and during what period the enterprise was carried
out:
8. If the applicant is a company:
(a) State, Territory or place outside Australia where the
company is incorporated:
(b) the names and addresses of directors:
(c) the name of each other company of which any director of the
company has, within the preceding 10 years, been a director and
the State, Territory or place outside Australia where it is or
was incorporated:
9. If the applicant between 31 December 1985 and 16 March 1989,
acquired an enterprise that, while conducted by the applicant
in that period, manufactured, imported or exported a CFC or
halon, give details of:
(a) the person from whom the enterprise was acquired:
(b) the date of acquisition:
10. If the applicant between 31 December 1985 and 16 March
1989, disposed of an enterprise that, while conducted by the
applicant in that period, 1989, manufactured, imported, or
exported a CFC or halon, give details of:
(a) the person who acquired the enterprise:
(b) the date of acquisition:
Dated 1.
Signature of applicant:
Name of signatory:
If applicant is a body corporate, relationship of signatory to
the body corporate:
1 insert date
Form 1A
Paragraph 4 (1) (b)
COMMONWEALTH OF AUSTRALIA
Ozone Protection Act 1989
APPLICATION FOR A LICENCE UNDER SECTION 14
(STAGE-2 CFCs, ETC)
1. Full name of applicant:
2. Address of applicant:
3. Registered office of applicant company:
4. Address of applicant for correspondence:
5. Name of contact person (if not applicant):
6. Telephone and facsimile numbers (if any) of applicant or (if
applicable) contact person:
telephone:
facsimile:
7. Specify activity for which licence is sought (eg,
manufacture of stage-2 CFCs, export of a halon, import of
carbon tetrachloride):
8. If the applicant, between 1 January 1989 and the
commencement of the Ozone Protection Amendment Act 1992,
conducted, or participated in the conduct of, an enterprise in
the course of which a stage-2 CFC, carbon tetrachloride, methyl
chloroform or a halon was manufactured, imported or exported,
give details of:
(a) the person who conducted the enterprise:
(b) other participants in the conduct of the enterprise:
(c) the nature of the enterprise:
(d) here and during what period the enterprise was carried out:
9. If the applicant is a company:
(a) the State, Territory or place outside Australia where the
applicant is incorporated:
(b) the names and addresses of directors:
(c) the name of each other company of which a director has,
within the preceding 10 years, been a director and the State,
Territory or place outside Australia where it is, or was,
incorporated:
10. If the applicant, between 1 January 1989 and the
commencement of the Ozone Protection Amendment Act 1992,
acquired an enterprise that, while conducted by the applicant
in the period, manufactured, imported or exported a stage - 2
CFC, carbon tetrachloride, methyl chloroform or a halon, give
details of:
(a) the person from whom the enterprise was acquired:
(b) the date of acquisition:
11. If the applicant, between 1 January 1989 and the
commencement of the Ozone Protection Amendment Act 1992,
disposed of an enterprise that, while conducted by the
applicant in the period, manufactured, imported or exported a
stage - 2 CFC, carbon tetrachloride, methyl chloroform or a
halon, give details of:
(a) the person who acquired the enterprise:
(b) the date of acquisition:
12. If the application relates to the export of a halon, give
details of proposed export activity:
Dated
Signature of applicant:
Name of Signatory:
(If the applicant is a body corporate, state the relationship
of signatory to the body corporate)
Form 2
Regulation 5
COMMONWEALTH OF AUSTRALIA
Ozone Protection Act 1989
RESTRICTED LICENCE 1/LICENCE 2 No. 3
I, 4 , Minister of State for 5 under
subsection 16 (1) of the Act, grant a licence to 6 .
in relation to the following activity:
(if a restricted licence)
This licence is granted subject to the following conditions: 7
Dated 8 .
Minister of State for 5
1 omit if licence is not a restricted licence
2 omit if licence is a restricted licence
3 insert number of licence
4 insert full name of Minister in block letters
5 complete title of Minister
6 insert full name of licensee
7 insert conditions
8 insert date
Form 3
Regulation 6
COMMONWEALTH OF AUSTRALIA
OZONE PROTECTION ACT 1989
APPLICATION FOR A (CFC)1(/HALON)1 (METHYL CHLOROFORM)1
QUOTA UNDER SECTION 27
1. Full name of applicant:
2. Licence number of applicant:
3. Name of contact person (if not applicant):
4. Telephone, and facsimile numbers (if any) of applicant or
(if applicable) contact person -
telephone:
facsimile:
5. This application is for a quota in respect of
(manufacture)1(/import)1(/export)1
6. If the application is made in relation to an enterprise that
is essential for purposes connected with Australia's defence,
give details of:
(a) nature of the enterprise:
(b) how the enterprise is connected with Australia's defence:
(c) other participants in the enterprise:
(d) where the enterprise is carried out:
Dated 2.
Signature of applicant:
Name of signatory:
If applicant is a body corporate, relationship of signatory to
the body corporate:
1 strike out if inapplicable
2 insert date
Form 4
Regulation 7
COMMONWEALTH OF AUSTRALIA
OZONE PROTECTION ACT 1989
APPLICATION FOR RENEWAL OF A (CFC)1(/HALON)1 (METHYL
CHLOROFORM)1 QUOTA UNDER SECTION 31
1. Name of applicant:
2. Licence number of applicant:
3. Name of contact person (if not applicant):
4. Telephone, and facsimile numbers (if any) of applicant or
(if applicable) contact person -
telephone:
facsimile:
5. This application is for renewal of a quota in respect of
(manufacture)1(/import)1(/export)1
6. If information previously given by or for the applicant for
the purposes of the Act in relation to the conduct of an
enterprise essential for purposes connected with Australia's
defence is no longer complete or correct, give further relevant
details:
Dated 2.
Signature of applicant:
Name of signatory:
If applicant is a body corporate, relationship of signatory to
the body corporate:
1 strike out if inapplicable
2 insert date
Form 5
Regulation 8
COMMONWEALTH OF AUSTRALIA
OZONE PROTECTION ACT 1989
APPLICATION FOR VARIATION OF A (CFC)1(/HALON)1 (METHYL
CHLOROFORM)1 QUOTA UNDER SECTION 34
1. Name of applicant:
2. Licence number of applicant:
3. Name of contact person (if not applicant):
4. Telephone, and facsimile numbers (if any) of applicant or
(if applicable) contact person -
telephone:
facsimile:
5. Details of variation sought:
Dated 2.
Signature of applicant:
Name of signatory:
If applicant is a body corporate, relationship of signatory to
the body corporate:
1 strike out if inapplicable
2 insert date
Form 6
Regulation 9
COMMONWEALTH OF AUSTRALIA
OZONE PROTECTION ACT 1989
APPLICATION FOR AN EXEMPTION UNDER SECTION 40
1. Name of applicant:
2. Address of applicant, other than a company:
3. Registered office of applicant company:
4. If applicant is a company - State, Territory or place
outside Australia where the company is incorporated:
5. Address of applicant for correspondence:
6. Name of contact person (if applicable):
7. Telephone, and facsimile numbers (if any) of applicant or
(if applicable) contact person -
telephone:
facsimile:
8. Details of the exemption sought including quantity involved:
9. Period for which exemption sought:
10. If the exemption is essential for medical, veterinary,
defence, industrial safety or public safety purposes, give
relevant details:
11. If the exemption is sought because of the provisions of a
law concerning the manufacture or use of the product in
relation to which exemption is sought, give relevant details:
12. If the exemption is sought in relation to the calibration
of scientific, measuring or safety apparatus, give relevant
details:
13. If there is an alternative to the use of a scheduled
substance known to the applicant in the operation or
manufacture of a product in relation to which exemption is
sought, give relevant details including investigations
undertaken.
Dated 1.
Signature of applicant:
Name of signatory:
If applicant is a body corporate, relationship of signatory to
the body corporate:
1 insert date
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