Grant of Exemption No. S40E35280523 - Sikorsky Aircraft Australia Ltd

Overview

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was enacted to address the urgent need to protect the ozone layer and manage synthetic greenhouse gases, which were identified as significant threats to the environment and human health. This Act was passed by the Parliament of Australia, with a clear policy objective to mitigate the impact of ozone-depleting substances and synthetic greenhouse gases on the atmosphere and climate. The 1989 Act has since been amended to accommodate various exemptions and regulatory measures necessary to balance environmental protection with practical needs, such as the use of specific substances in critical applications like aviation. The granting of exemptions, such as the one issued to Sikorsky Aircraft Australia Ltd under Section 40, exemplifies the Act's approach of allowing controlled use of restricted substances where there is no viable alternative, while ensuring strict conditions are imposed to minimise environmental harm.

Scope and Application

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, a Commonwealth legislation, governs the management of substances that deplete the ozone layer and synthetic greenhouse gases. This Act applies to entities and individuals engaged in activities that involve these substances, such as importing, manufacturing, or using them. Sikorsky Aircraft Australia Ltd has been granted an exemption under Section 40 of the Act, allowing them to import halon fire protection equipment for use in aircraft or essential for aircraft operation. This exemption is specifically tailored to the prohibition outlined in Schedule 4, clause 6 of the Act and is subject to several conditions, including the notification of any changes in contact details, prohibiting the sharing of the exemption number, restricting the use of the imported equipment to specific purposes, and ensuring the equipment is not discharged during training exercises or be surplus to operational requirements. The exemption is effective from 8 August 2016 to 7 August 2018 and is subject to further extensions or modifications through subordinate instruments as permitted by the Act.

Key Provisions

The main operative sections of this exemption under Section 40 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) pertain to the grant of a specific exemption (S40E) to Sikorsky Aircraft Australia Ltd. The exemption allows the importation of halon fire protection equipment that is installed or intended for use in aircraft and is essential for aircraft operation. This exemption is specifically tied to the prohibition set out in clause 6 in Schedule 4 of the Act and applies to products that are either installed or imported as replacements for equivalent equipment previously exported for servicing or for equipment that has been discharged during service. This exemption is valid from 8 August 2016 to 7 August 2018, as stipulated in the grant. The Act imposes several obligations on the exemption holder, Sikorsky Aircraft Australia Ltd. Firstly, the exemption holder must ensure that they notify the Department of the Environment of any changes to their address or other contact details within 30 days of the change. Secondly, the exemption holder is strictly prohibited from allowing the exemption number to be used by any other person or business. Thirdly, the exemption holder must ensure that the halon fire protection equipment is not discharged during training exercises, as such use is treated as not being for the equipment's designed purpose under subsection 45B(3) of the Act. Lastly, the imported halon products must not exceed the minimum requirements for aircraft operation as outlined in the Civil Aviation Safety Regulations 1988. Any breach of the conditions outlined in the exemption could lead to various civil and criminal consequences. While the specific penalties for breach are not detailed in the text, the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) generally provides for significant penalties for non-compliance. These may include fines, imprisonment, or both, depending on the nature and severity of the breach. Given the environmental and safety implications of the activities regulated by this Act, penalties are likely to be substantial, reflecting the importance of adhering to the conditions of the exemption and the regulatory framework designed to protect the ozone layer and manage synthetic greenhouse gases.