Grant of Exemption No. S40E69630895 - Bristow Helicopters Australia Pty Ltd

Overview

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was enacted by the Parliament of Australia to address the pressing need for the regulation and management of substances that deplete the ozone layer and contribute to the greenhouse effect. This Act establishes a comprehensive framework to control the importation, manufacture, sale, and use of ozone-depleting substances and synthetic greenhouse gases, aiming to protect public health and the environment from their harmful effects. The policy objective of the Act is to mitigate the impact of these substances on the ozone layer and the global climate system by setting stringent standards and controls. In accordance with the Act, the Minister for the Environment has the authority to grant exemptions to certain activities that would otherwise be prohibited. For instance, the exemption granted under section 40 to Bristow Helicopters Australia Pty Ltd permits the importation of halon fire protection equipment specifically for use in aircraft, subject to detailed conditions designed to ensure the equipment is used solely for its intended purpose and not discharged during training exercises. This exemption is a practical measure to balance the need for effective aircraft fire protection with the overarching goal of reducing the environmental impact of halon and other ozone-depleting substances.

Scope and Application

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 applies to the management and regulation of substances that deplete the ozone layer and synthetic greenhouse gases in Australia. This Act is a Commonwealth legislation, thereby extending its jurisdictional reach across the entire country, governing entities and persons involved in activities that impact the ozone layer and synthetic greenhouse gas emissions. The Act imposes restrictions on the production, import, export, and use of certain substances, with the intent to protect the ozone layer and mitigate the effects of climate change. Specific exemptions can be granted under section 40 of the Act, subject to certain conditions, to facilitate particular activities that are essential but may otherwise contravene the general prohibitions set out in the Act. The application of the Act can be extended or refined through subordinate instruments, allowing for flexibility in addressing emerging issues and technological advancements. In this context, the exemption granted under section 40 to Bristow Helicopters Australia Pty Ltd allows the company to import halon fire protection equipment that is installed or used in aircraft, provided it is essential for aircraft operation. This exemption is subject to strict conditions, including the requirement that the equipment must only be used for its designated purpose and cannot be discharged during training exercises. Furthermore, the exemption holder must comply with all notifications and restrictions specified in the Act and related regulations, ensuring that the imported equipment meets the minimum operational requirements set out in the Civil Aviation Safety Regulations 1988. This exemption is in force from 8 April 2013 to 7 April 2015, providing a limited window for Bristow Helicopters to conduct necessary operations while adhering to the environmental protections mandated by the Act.

Key Provisions

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 provides a framework for managing the impact of certain substances on the ozone layer and the environment. Section 40 of the Act allows for the grant of exemptions to certain prohibitions contained within the Act. This specific exemption (S40E69630895) granted to Bristow Helicopters Australia Pty Ltd (hereinafter referred to as the Exemption Holder) allows for the import of halon fire protection equipment installed or for use in aircraft or essential for aircraft operation. This exemption is subject to several conditions that must be met by the Exemption Holder. Firstly, the Exemption Holder must notify the Department of Sustainability, Environment, Water, Population and Communities of any changes to 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 is specific to the prohibition outlined in clause 6 in Schedule 4 of the Act and applies only to the importation of halon fire protection equipment that is either installed or for use in aircraft and essential for aircraft operation, or is imported as replacements for equipment that was exported for servicing or that was discharged during service (condition 3). Additionally, the exemption prohibits the discharge of the halon fire protection equipment during training exercises (condition 4). Finally, the imported halon products must not exceed the minimum requirements for operation of aircraft as stipulated in the Civil Aviation Safety Regulations 1988 (condition 5). Failure to comply with the conditions of the exemption may result in civil or criminal consequences. Section 45B(3) of the Act stipulates that the use of halon fire protection equipment during a training exercise is treated as not being used for its designed purpose, which may constitute a breach of the exemption conditions. The Act does not specify penalties for breaches of the exemption conditions, but breaches of other provisions of the Act may result in fines of up to $220,000 for individuals and $1,100,000 for corporations, as well as imprisonment for up to five years. The Act also provides for the imposition of administrative penalties, such as infringement notices, for minor breaches. It is therefore important for the Exemption Holder to ensure that they comply with all conditions of the exemption to avoid any potential legal or financial consequences.