Grant of Exemption No. S40E56872688 - DG Thomson Pty Ltd

Overview

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was enacted to address the problem of the depletion of the ozone layer and the management of synthetic greenhouse gases, which contribute to global warming. This Act was introduced by the Commonwealth Parliament with the objective of implementing measures to protect the ozone layer and to regulate the production, import, export, and use of substances that deplete the ozone layer and synthetic greenhouse gases. The Act provides a framework for the regulation of these substances, including the establishment of licensing and exemption systems. This particular exemption, granted under Section 40 of the Act, allows DG Thomson Pty Ltd to import halon fire protection equipment specifically for use in aircraft or essential for aircraft operation, subject to certain conditions designed to ensure the protection of the ozone layer while meeting the operational needs of the aviation industry.

Scope and Application

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) applies to the regulation of substances that deplete the ozone layer and synthetic greenhouse gases in Australia. This Act imposes restrictions on the production, import, export, manufacture, and use of these substances, with the aim of protecting the ozone layer and mitigating the effects of climate change. The Act applies to both individuals and entities, particularly those involved in industries that utilise or produce ozone-depleting substances and synthetic greenhouse gases. The geographic reach of this legislation is national, as it is a Commonwealth Act, thereby binding all states and territories within Australia. Exemptions under the Act, such as the one granted to DG Thomson Pty Ltd, allow specific entities to engage in activities otherwise prohibited by the Act, subject to certain conditions that align with environmental protection goals. The exemption granted to DG Thomson Pty Ltd is valid from 10 October 2015 to 9 October 2017, and pertains exclusively to the import of halon fire protection equipment installed or necessary for aircraft operation. The exemption is contingent upon several conditions, including the prohibition of the equipment's use during training exercises and adherence to civil aviation safety regulations. The Act's provisions may be further refined or expanded through subordinate instruments, allowing for the adaptation of regulatory measures in response to emerging environmental challenges or technological advancements.

Key Provisions

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) contains various provisions that govern the management of ozone-depleting substances and synthetic greenhouse gases. Section 40 of the Act provides for the grant of exemptions under certain circumstances, which is relevant to the exemption granted to DG Thomson Pty Ltd (the Exemption Holder). Section 45B(3) of the Act specifies that the use of halon fire protection equipment during training exercises is considered not to be for its designed purpose. This exemption, numbered S40E56872688, permits DG Thomson Pty Ltd to import halon fire protection equipment specifically for use in aircraft or essential for aircraft operation, subject to the conditions outlined in the exemption notice. The Act imposes several obligations on the parties it governs. Firstly, the Exemption Holder must notify the Department of the Environment of any changes in their address or other contact details within 30 days of such changes occurring (Condition 1). Secondly, the exemption number must not be used by any other person or business (Condition 2). The exemption applies only to the prohibition set out in clause 6 of Schedule 4 of the Act, which pertains to the import of halon fire protection equipment installed or for use in aircraft and essential for aircraft operation, or as replacements for exported equipment or discharged equipment (Condition 3). Additionally, the Exemption Holder must not allow the halon fire protection equipment to be discharged during training exercises (Condition 4), and the imported products must not exceed the minimum requirements for aircraft operation as specified in the Civil Aviation Safety Regulations 1988 (Condition 5). Breach of the conditions of this exemption can result in civil or criminal consequences. While specific penalties are not detailed within the exemption notice itself, the Act generally provides for enforcement actions and penalties for non-compliance. Such penalties can include fines, legal action, and other sanctions as deemed appropriate by the relevant authorities. It is important to note that the use of halon fire protection equipment during training exercises is treated as not being used for its designed purpose under Section 45B(3) of the Act, which may have additional regulatory implications.