Grant of Exemption No. S40E45920314 - Bristow Helicopters Australia Pty Ltd.

Overview

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was enacted to address the depletion of the ozone layer and the management of synthetic greenhouse gases. The Act was introduced by the Commonwealth Parliament to align with international obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer, and to control the use of substances that contribute to the greenhouse effect. The overarching policy objective is to protect human health and the environment by regulating activities that deplete the ozone layer and emit synthetic greenhouse gases. This Act provides a framework for the regulation of these substances, including the prohibition of certain activities and the requirement for permits and exemptions for specific uses. The legislation includes provisions for the granting of exemptions to certain activities that would otherwise be prohibited, subject to specific conditions designed to minimise environmental impact. The Act empowers the Minister for the Environment to delegate the authority to grant such exemptions, as evidenced in the case of Bristow Helicopters Australia Pty Ltd, which was granted an exemption to import halon fire protection equipment for use in aircraft, subject to conditions that prevent the equipment from being used in ways that would further deplete the ozone layer or contribute to the greenhouse effect. This exemption underscores the Act’s aim to balance environmental protection with operational necessities.

Scope and Application

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) applies to the importation of specific ozone-depleting substances and synthetic greenhouse gases, including their production, supply, use, and disposal. This legislation is administered at the Commonwealth level, meaning it has a national reach and applies to all entities within Australia. The Act provides exemptions under certain conditions, allowing specified activities that would otherwise be prohibited. For example, Exemption No. S40E45920314 pertains to Bristow Helicopters Australia Pty Ltd, which has been granted permission to import halon fire protection equipment that is installed or intended for use in aircraft and is essential for aircraft operation. This exemption is in effect from 8 April 2015 to 7 April 2017 and is subject to conditions, including notification of any changes in contact details, restriction of the exemption use to the named entity, specific types of halon products allowed, and prohibition of discharging the equipment during training exercises unless it is for its designed purpose. The exemption is limited to the prohibition outlined in clause 6 of Schedule 4 of the Act and ensures that the imported products are not surplus to operational requirements. The Act can extend or restrict its application through subordinate instruments, which are typically regulations or guidelines that provide further detail on implementation and enforcement.

Key Provisions

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) primarily governs the use and management of substances that deplete the ozone layer and synthetic greenhouse gases. Section 40(3) of the Act allows the Minister, through a delegate, to grant exemptions to certain prohibitions under the Act. Exemption No. S40E45920314 specifically permits Bristow Helicopters Australia Pty Ltd to import halon fire protection equipment installed or for use in aircraft, which is essential for aircraft operation, during the period from 08 April 2015 to 07 April 2017. This exemption is subject to specific conditions, including the requirement for the exemption holder to notify the Department of the Environment of any changes to their contact details within 30 days, and to not permit the exemption number to be used by another person or business. The Act imposes several obligations on the parties it governs. Bristow Helicopters Australia Pty Ltd must ensure that the imported halon fire protection equipment is strictly for use in aircraft and is essential for aircraft operation. They must also ensure that the equipment is not discharged during training exercises and that it meets the minimum requirements for aircraft operation as per the Civil Aviation Safety Regulations 1988. Additionally, the exemption holder must not allow the exemption number to be used by any other person or business. Breach of the conditions specified in the exemption or any other provisions of the Act can result in various consequences. 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, which may be considered a breach of the exemption conditions. While the specific penalties for breaches of the Act are not detailed in the provided text, the Act generally allows for both civil and criminal penalties, including fines and imprisonment, depending on the nature and severity of the breach. The maximum penalties for breaches of similar environmental legislation can be substantial, reflecting the seriousness with which such breaches are treated under Australian law.