OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989
GRANT OF EXEMPTION UNDER SECTION 40
EXEMPTION No. S40E76411019
THIS EXEMPTION IS IN FORCE DURING THE PERIOD
COMMENCING 05 April 2015 and ENDING ON 04 April 2017
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:
LLOYD HELICOPTERS PTY. LTD.
(the Exemption Holder)
to:
Import halon fire protection equipment installed or for use in aircraft or essential for
aircraft operation
This exemption is granted subject to the following conditions:
- The exemption holder must notify the Department of the Environment 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
20 May 2015
_________________________________
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 Australian Parliament to address the problem of ozone depletion and the management of synthetic greenhouse gases. The Act aims to protect the ozone layer by controlling the use and emissions of certain substances that contribute to ozone depletion and greenhouse gas emissions. In line with its policy objective, the Act provides a framework for the regulation and reduction of substances that harm the ozone layer and contribute to global warming. The Act includes provisions for licensing, exemptions, and penalties to ensure compliance and to promote the use of environmentally friendly alternatives. This specific exemption granted under Section 40 allows Lloyd Helicopters Pty. Ltd. to import halon fire protection equipment for use in aircraft, subject to stringent conditions that ensure the equipment is only used for its intended purpose and not discharged during training exercises, thereby balancing operational needs with environmental protection.
Scope and Application
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) regulates the use and importation of ozone-depleting substances and synthetic greenhouse gases in Australia. Under this Act, the Minister has the authority to grant exemptions from certain prohibitions, as seen in Exemption No. S40E76411019 issued to Lloyd Helicopters Pty. Ltd. This exemption allows the company to import halon fire protection equipment that is installed or necessary for aircraft operation, subject to several conditions. These include notifying the Department of the Environment of any changes in contact details, prohibiting the use of the exemption number by any other person or business, ensuring that the imported equipment is specifically for aircraft and not discharged during training exercises, and adhering to the Civil Aviation Safety Regulations 1988 concerning the minimum operational requirements for aircraft. This exemption is valid from 5 April 2015 to 4 April 2017 and applies specifically to the activities of Lloyd Helicopters Pty. Ltd., while ensuring compliance with the broader objectives of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
Key Provisions
The key provision of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) in this exemption is section 40, which allows for exemptions to be granted in certain circumstances (s40). Specifically, this exemption (S40E76411019) allows Lloyd Helicopters Pty. Ltd. to import halon fire protection equipment for use in aircraft or essential for aircraft operation, subject to specific conditions (s40(3)). This exemption is particularly important for Lloyd Helicopters Pty. Ltd. as it enables the importation of critical equipment necessary for the operation and safety of aircraft.
The Act imposes several obligations on Lloyd Helicopters Pty. Ltd. as the exemption holder. Firstly, they must notify the Department of the Environment of any changes to their contact details within 30 days of the change (condition 1). Secondly, they are prohibited from allowing any other person or business to use the exemption number (condition 2). The exemption is strictly limited to the importation of halon fire protection equipment that is installed or for use in aircraft and essential for aircraft operation, or replacements for equivalent equipment exported for servicing or for equipment discharged in service (condition 3). Furthermore, Lloyd Helicopters Pty. Ltd. must ensure that the imported halon fire protection equipment is not discharged during training exercises (condition 4) and that the equipment is not surplus to the minimum requirements for aircraft operation under the Civil Aviation Safety Regulations 1988 (condition 5).
Failure to comply with the conditions of this exemption may result in legal consequences. Under subsection 45B(3) of the Act, the use of halon fire protection equipment during training exercises is considered to be not for its designed purpose, potentially leading to violations of the Act. Breaches of the conditions could result in enforcement actions, including fines or other penalties as prescribed by the Act. The specific penalties for non-compliance are not detailed in the exemption but would generally align with the provisions of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth).