Grant of Exemption No. S40E73368453 - Bond Helicopters Australia Pty Ltd

Overview

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was enacted to address the issue of protecting the ozone layer and managing synthetic greenhouse gases in Australia. This Act was introduced by the Commonwealth Parliament to align Australia with international commitments aimed at reducing substances that deplete the ozone layer and managing synthetic greenhouse gases. The policy objective of the Act is to protect human health and the environment from the adverse effects of ozone depletion and synthetic greenhouse gas emissions. The Act provides a legal framework for controlling the production, import, export, manufacture, and use of substances that have an impact on the ozone layer and contribute to climate change. Under this Act, exemptions can be granted to allow specific activities that may otherwise be restricted. For instance, the exemption granted under section 40 allows Bond Helicopters Australia Pty Ltd to import halon fire protection equipment installed or for use in aircraft or essential for aircraft operation, subject to certain conditions. This includes requirements such as notifying the Department of relevant contact changes, ensuring the equipment is not used for purposes other than those specified, and preventing the discharge of halon products during training exercises. The exemption is a tool to balance operational needs with environmental protection, ensuring that critical activities, such as aviation safety, can continue while mitigating environmental impacts.

Scope and Application

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 applies to the regulation of the importation, manufacture, supply, export, and use of certain substances that have a detrimental impact on the ozone layer and contribute to greenhouse gas emissions. This Act operates at the Commonwealth level, imposing stringent controls on the handling of these substances to ensure compliance with national environmental standards and international obligations. The Act applies to various entities, including corporations, businesses, and individuals who may engage in activities involving these substances. In this particular case, the Act grants an exemption under Section 40 to Bond Helicopters Australia Pty Ltd for the importation of halon fire protection equipment specifically for use in aircraft or essential for aircraft operations. The exemption is valid from 02 September 2013 to 01 September 2015 and is subject to strict conditions, including the prohibition of using the exemption number for any other person or business, the requirement to notify the Department of changes in contact details, and the condition that the imported equipment must be solely for use in aircraft or as replacements for exported or discharged equipment. Additionally, the exemption holder must ensure that the equipment is not discharged during training exercises and is not surplus to the requirements for aircraft operation as stipulated by the Civil Aviation Safety Regulations 1988.

Key Provisions

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) governs the management of substances that deplete the ozone layer and synthetic greenhouse gases. Section 40 of the Act allows for exemptions to be granted under certain conditions to permit activities that might otherwise be prohibited. In this context, section 40(3) enables the granting of exemptions, and this particular exemption (No. S40E73368453) was issued to Bond Helicopters Australia Pty Ltd, allowing them to import halon fire protection equipment for use in aircraft or essential for aircraft operation during the specified period. The exemption is subject to several conditions to ensure that the use of halon does not undermine the objectives of the Act. Firstly, the exemption holder must notify the Department of Sustainability, Environment, Water, Population and Communities of any changes to their contact details within 30 days of the change occurring (condition 1). Secondly, the exemption number must not be used by another person or business (condition 2). The exemption is specifically for the prohibition set out in clause 6 of Schedule 4 of the Act and only applies to halon fire protection equipment that is either installed or for use in aircraft and essential for aircraft operation, or imported as replacements for equivalent equipment exported for servicing or for equipment discharged in service (condition 3). Importantly, the exemption holder must not cause the halon fire protection equipment to be discharged during training exercises (condition 4). Additionally, the halon products must not be surplus to the minimum requirements for the operation of aircraft in line with the Civil Aviation Safety Regulations 1988 (condition 5). Failure to comply with the conditions of this exemption may result in various consequences. Under the Act, there are specific offences and penalties for breaches. For instance, using halon fire protection equipment during training exercises is treated as not being used for its designed purpose, which could lead to enforcement actions. The maximum penalties for breaches of the Act can include substantial fines and, in some cases, imprisonment. These penalties are intended to enforce compliance and protect the environment from the harmful effects of ozone-depleting substances and synthetic greenhouse gases. The seriousness of these penalties underscores the importance of adhering to the conditions set forth in the exemption.