Grant of Exemption No. S40E18735757 - Department of Defence

Overview

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was enacted by the Commonwealth Parliament to address the issue of protecting the ozone layer and managing synthetic greenhouse gases, which contribute to climate change. The Act establishes a framework for the control of substances that deplete the ozone layer and the management of synthetic greenhouse gases, aiming to align Australia with international efforts to mitigate environmental harm. The policy objective is to reduce the use and emission of these substances, thereby protecting public health and the environment. In line with this objective, an exemption was granted under section 40 of the Act, allowing the Department of Defence to import halon fire protection equipment installed or for use in aircraft or essential for aircraft operation, between 15 August 2013 and 14 August 2015. This exemption is subject to specific conditions designed to ensure that the importation and use of halon do not exceed operational needs and do not contribute to ozone depletion or unnecessary environmental harm. The exemption is granted by the Assistant Secretary Environment Standards Branch, exercising the delegations provided under the Act.

Scope and Application

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, as modified by the granted exemption number S40E18735757, applies specifically to the Department of Defence, allowing it to import halon fire protection equipment installed or necessary for aircraft operation within the period from 15 August 2013 to 14 August 2015. This exemption is narrowly tailored to address the unique operational needs of the Department of Defence, permitting the import of specific types of halon fire protection equipment that are crucial for aircraft operations and must not be surplus to the minimum operational requirements set by the Civil Aviation Safety Regulations 1988. The exemption holder is subject to strict conditions, including the prohibition of equipment discharge during training exercises, which are considered to not be for their designed purpose, and must also adhere to reporting requirements for changes in contact details. This exemption is confined to the prohibition outlined in Schedule 4, Clause 6, of the Act and does not extend to other uses or entities outside the specified parameters.

Key Provisions

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) primarily governs the management of synthetic greenhouse gases and the protection of the ozone layer in Australia. Section 40 of the Act provides for exemptions under certain conditions, and this particular exemption (S40E18735757) pertains to the importation of halon fire protection equipment for specific uses. The exemption allows the Department of Defence to import halon fire protection equipment that is installed or intended for use in aircraft or essential for aircraft operation (Section 40). This equipment can be imported for installation in aircraft or as replacements for equivalent equipment that has been exported for servicing or has been discharged during service. The Act imposes several obligations on the Department of Defence as the exemption holder. Firstly, they must notify the Department of Sustainability, Environment, Water, Population and Communities of any changes to their contact details within 30 days of such changes occurring (Condition 1). Secondly, they are prohibited from allowing another person or business to use the exemption number (Condition 2). The exemption is strictly limited to the prohibition outlined in clause 6 of Schedule 4 of the Act, and the imported products must be either halon fire protection equipment installed or for use in aircraft and essential for aircraft operation, or replacements for previously exported or discharged equipment (Condition 3). Furthermore, the exemption holder must ensure that the halon fire protection equipment is not discharged during training exercises (Condition 4), and that the imported products do not exceed the minimum requirements for aircraft operation as stipulated by the Civil Aviation Safety Regulations 1988 (Condition 5). Breaching the conditions of this exemption may result in both civil and criminal consequences. Under subsection 45B(3) of the Act, using halon fire protection equipment during a training exercise is considered a misuse of the equipment, which is not permitted under the exemption. Additionally, any failure to comply with the notification requirements or other conditions could result in enforcement actions by the relevant authorities. While the specific penalties for breaches are not detailed in the exemption document, the general penalties under the Act can include fines and, in severe cases, imprisonment. The maximum penalties for contravening provisions of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 can be substantial, reflecting the importance of the Act’s objectives in protecting the ozone layer and managing synthetic greenhouse gases.