OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989
GRANT OF EXEMPTION UNDER SECTION 40
EXEMPTION No. S40E43641579
THIS EXEMPTION IS IN FORCE DURING THE PERIOD
COMMENCING 23 April 2016 and ENDING ON 22 April 2018
I, Mr Matthew Dadswell, Assistant Secretary Environment Standards Branch, Department of the Environment, delegate of the Minister, grant under subsection 40(3) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989(Cth) (the Act) an Exemption under Section 40 (S40E) of the Act to:
AIRBUS GROUP AUSTRALIA PACIFIC LIMITED
(the Exemption Holder)
to:
Import halon fire protection equipment
This exemption is granted subject to the following conditions:
- The exemption holder must notify the Department of Sustainability, Environment,
Water, Population and Communities of a change of address or any other contact
details, within 30 days of the change occurring.
2. The exemption holder must not permit the exemption number to be used by another
person or business.
3. This exemption relates solely to the prohibition set out in clause 6 in Schedule 4, of
the Act and the products to be imported must be:
a. halon fire protection equipment installed or for use in aircraft and essential for aircraft operation; or
b. imported as replacements for either equivalent equipment exported for
servicing or for equipment discharged in service.
4. The exemption holder must not cause the halon fire protection equipment to be
discharged during training exercises.1
5. The halon products must not be surplus to the minimum requirements for operation
of aircraft in line with Civil Aviation Safety Regulations 1988.
Delegate of the Minister
3 June 2016
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1. Under subsection 45B(3) of the Act the use of halon fire protection equipment during a training exercise is treated as not being used for its designed purpose.
Overview
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was enacted by the Parliament of Australia to address the depletion of the ozone layer and manage synthetic greenhouse gases, thereby protecting the environment and human health from the harmful effects of these substances. This legislation provides a framework for regulating the production, import, export, and use of ozone-depleting substances and synthetic greenhouse gases. The policy objective of the Act is to minimise the impact of these substances on the environment by setting controls and restrictions on their use and emissions.
In 2016, the Assistant Secretary Environment Standards Branch of the Department of the Environment, acting as a delegate of the Minister, granted an exemption under Section 40 of the Act to Airbus Group Australia Pacific Limited. This exemption allows the company to import halon fire protection equipment for use in aircraft, subject to specific conditions designed to ensure the equipment is only used for its intended purpose and not discharged during training exercises. The exemption is intended to balance the need for effective fire protection in aviation with the broader environmental goal of reducing the use of substances that harm the ozone layer.
Scope and Application
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) applies to entities and individuals involved in the management, use, and import of ozone-depleting substances and synthetic greenhouse gases. Specifically, this exemption applies to Airbus Group Australia Pacific Limited, allowing them to import halon fire protection equipment under strict conditions. The geographic reach of this Act is Commonwealth-wide, regulating activities across Australia. This exemption is applicable solely within the prohibition set out in clause 6 of Schedule 4 of the Act, focusing on the import of halon fire protection equipment essential for aircraft operation. The exemption is subject to conditions such as notification of address changes, prohibiting the sharing of the exemption number, ensuring the equipment is not discharged during training exercises, and maintaining compliance with Civil Aviation Safety Regulations 1988. The exemption is valid from 23 April 2016 to 22 April 2018, and its terms may be extended or modified through subordinate instruments as deemed necessary by the delegate of the Minister.
Key Provisions
The main operative sections of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) relevant to this exemption include Section 40, which allows for exemptions to be granted by a delegate of the Minister, and Section 45B, which specifies that the use of halon fire protection equipment during training exercises is not considered its intended use. The exemption under Section 40 (S40E) specifically permits Airbus Group Australia Pacific Limited to import halon fire protection equipment under certain conditions, as outlined in the exemption.
The obligations imposed on the parties governed by this Act, particularly Airbus Group Australia Pacific Limited, include notifying the Department of Sustainability, Environment, Water, Population and Communities of any changes to their contact details within 30 days of the change occurring. Additionally, the exemption holder must ensure that the exemption number is not used by another person or business and must restrict the use of the imported halon fire protection equipment to aircraft operation, as specified. The equipment must also not be discharged during training exercises, and it must not exceed the minimum requirements for aircraft operation in line with the Civil Aviation Safety Regulations 1988.
Breaches of the conditions set out in this exemption may lead to civil or criminal consequences. While the specific penalties are not detailed in the provided text, under the broader framework of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, breaches can result in substantial fines and potential criminal charges. The exact penalties would depend on the severity and nature of the breach, but they could include financial penalties, imprisonment, or both, reflecting the seriousness of non-compliance with environmental protection laws.