Grant of Exemption No. S40E97330515 - KIDDE Aerospace and Defence Pty Ltd

Overview

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was enacted to address the need for comprehensive management of substances that deplete the ozone layer and synthetic greenhouse gases. This legislation was introduced by the Commonwealth Parliament, aiming to align Australia’s policies with international obligations under the Montreal Protocol and other relevant treaties. The policy objective of the Act is to regulate and reduce the use of substances harmful to the ozone layer, thereby protecting both the environment and public health. The Act provides a framework for controlling the production, import, export, and use of these substances, ensuring Australia meets its commitments to reducing ozone-depleting substances and mitigating climate change impacts. One specific instance of this legislation in action is the grant of exemption under Section 40, which allows certain entities to import halon fire protection equipment for use in aircraft, provided they adhere to strict conditions. This exemption is granted by a delegate of the Minister, as illustrated in Exemption No. S40E97330515, and is in force from 1 May 2016 to 30 April 2018. The exemption holder, in this case, Kide Aerospace and Defence Pty Ltd, must comply with specific conditions including not using the equipment during training exercises and ensuring that the equipment is not surplus to operational needs. This exemption highlights the balance the Act seeks to maintain between environmental protection and practical operational needs.

Scope and Application

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) governs the management of substances that deplete the ozone layer and synthetic greenhouse gases in Australia, and it applies to a range of entities and activities. This particular exemption, granted by Mr Bruce Edwards, a delegate of the Minister, specifically applies to Kide Aerospace and Defence Pty Ltd. The exemption allows this company to import halon fire protection equipment for use in aircraft, a category of equipment that is essential for aircraft operation, while being subject to strict conditions designed to limit environmental impact and ensure the equipment is used appropriately. The exemption is geographically confined to Australia and is effective from 1 May 2016 to 30 April 2018. The exemption is subject to certain conditions, including the requirement to notify the Department of the Environment of any changes in contact details, prohibiting the sharing of the exemption number with others, limiting the use of the equipment to specified purposes, and ensuring that the equipment is not discharged during training exercises or is surplus to operational requirements. The Act may also extend or restrict its application through subordinate instruments, thereby providing further regulatory detail and enforcement mechanisms.

Key Provisions

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) governs the use and management of substances that deplete the ozone layer and synthetic greenhouse gases. Specifically, Section 40 (subsection 40(3)) allows for exemptions to be granted under certain conditions. In this instance, Exemption No. S40E97330515 has been issued to KIDDE Aerospace and Defence Pty Ltd, permitting the import of halon fire protection equipment installed or for use in aircraft and essential for aircraft operation. This exemption is valid from 1 May 2016 to 30 April 2018. The obligations imposed on the exemption holder, KIDDE Aerospace and Defence Pty Ltd, include notifying the Department of the Environment of any changes to their contact details within 30 days of such changes. Additionally, the exemption holder must ensure that the exemption number is not used by any other person or business. The exemption applies strictly to the prohibition set out in clause 6 of Schedule 4 of the Act, and the imported products must either be halon fire protection equipment 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. Furthermore, the exemption holder must not cause the halon fire protection equipment to be discharged during training exercises, as such use is considered not to be for its designed purpose under subsection 45B(3) of the Act. Finally, the imported halon products must not exceed the minimum requirements for operation of aircraft in line with the Civil Aviation Safety Regulations 1988. Failure to comply with the conditions of this exemption can result in civil or criminal consequences. While the specific penalties are not outlined in the exemption document, the Act generally provides for penalties under Section 46, which can include fines and imprisonment. For example, Section 46(1) of the Act allows for fines of up to $22,000 for individuals and $110,000 for bodies corporate, along with potential imprisonment terms for serious breaches. The exact penalties depend on the nature and severity of the breach, as well as any relevant circumstances surrounding the non-compliance.