Grant of Exemption S40E30447949 - Federal Express (Australia) Pty Ltd

Overview

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was enacted to address the problem of ozone depletion and the management of synthetic greenhouse gases, aiming to protect the ozone layer and mitigate the impacts of climate change. The Act was passed by the Australian Parliament and its policy objective is to control the production, import, and use of substances that deplete the ozone layer or contribute to synthetic greenhouse gases. The legislation provides a comprehensive framework for managing these substances, including licensing, permits, and exemptions where necessary. The 1989 Act is part of a broader suite of environmental protection laws, reflecting Australia's commitment to international agreements such as the Montreal Protocol. The Act empowers the Minister to issue exemptions under Section 40, allowing specific activities that would otherwise be prohibited if they can be managed in a way that still protects the ozone layer and reduces greenhouse gas emissions.

Scope and Application

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, administered by the Australian Commonwealth, applies to the regulation of substances that deplete the ozone layer and synthetic greenhouse gases. The Act extends its reach to various entities and industries, including businesses involved in the production, import, and use of such substances. This particular exemption under Section 40 of the Act, granted to Federal Express (Australia) Pty Ltd, allows the company to import halon fire protection equipment specifically installed or used in aircraft, provided it is essential for aircraft operation. The exemption is valid from 18 December 2015 to 17 December 2017 and is subject to certain conditions, including the requirement to notify the Department of the Environment of any changes in contact details and to ensure the imported equipment is not surplus to operational needs. The exemption is narrowly tailored to the prohibitions set out in Schedule 4, clause 6 of the Act, and does not permit the use of the exemption for any other purposes or by other entities. Additionally, the exemption does not extend to the use of halon during training exercises, as such use is treated as not being for its designed purpose under the Act.

Key Provisions

The main operative sections of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) relevant to this exemption pertain to the granting of exemptions under Section 40 (subsection 40(3)) and the specific conditions that must be met by the exemption holder. This particular exemption, numbered S40E30447949, is granted to Federal Express (Australia) Pty Ltd, allowing them to import halon fire protection equipment that is installed or for use in aircraft or essential for aircraft operation (Section 40(3)). The exemption is in force from 18 December 2015 to 17 December 2017 and is subject to a set of stringent conditions outlined in the document. The obligations imposed on Federal Express (Australia) Pty Ltd under this exemption include notifying the Department of the Environment of any changes to their contact details within 30 days of the change (condition 1). They must ensure that the exemption number is not used by any other person or business (condition 2). The imported equipment must be limited to 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 (condition 3). Additionally, the exemption holder must not cause the halon fire protection equipment to be discharged during training exercises (condition 4). Finally, the equipment imported must not exceed the minimum requirements for the operation of aircraft in accordance with the Civil Aviation Safety Regulations 1988 (condition 5). Breach of any of the conditions set forth in the exemption document could lead to various consequences. Although specific offences and penalties are not detailed in the document, under subsection 45B(3) of the Act, the use of halon fire protection equipment during training exercises is treated as not being used for its designed purpose. Such non-compliance with the conditions could potentially result in the revocation of the exemption, civil penalties, or other enforcement actions as prescribed by the Act. The exact nature and severity of these consequences would depend on the specific breach and the discretion of the delegate of the Minister, who has the authority to impose penalties or take other corrective measures.