EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 261
Subject - Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 4)
Section 70 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 45A(1) of the Act provides, in part, that regulations may be made in relation to:
- regulating the sale, purchase, acquisition or disposal of scheduled substances;
- regulating the storage, use or handling of scheduled substances; and
- matters incidental to these matters.
The purpose of the Regulation is to amend the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations) to make minor administrative amendments in the management of methyl bromide.
Methyl bromide is a controlled substance listed in Part VII of Schedule 1 to the Act. Methyl bromide contributes to the depletion of the ozone layer when released into the atmosphere, and most uses of it are emissive by nature. The Principal Regulations regulate the supply and end use of non-quarantine and pre-shipment methyl bromide through record keeping and reporting systems.
Australia’s obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (the Protocol) require that stocks of methyl bromide are only sold and used for authorised purposes. Under the Protocol, non-quarantine and pre-shipment (non-QPS) uses of methyl bromide were phased out from 1 January 2005 except where critical use exemptions are granted by Parties to the Protocol (which in Australia in 2013, will be restricted to the strawberry runner industry and the packaged rice industry) or where an emergency use is granted by Parties to the Protocol.
The Regulation includes a reference to the exemption and intermediate supplier lists (that will be in force for the year 2013) which would allow the supply and use of methyl bromide for non-quarantine and pre-shipment category uses by critical use exemption holders during 2013.
Over the last nine years the department has assisted industries with specialised needs for methyl bromide by reviewing and submitting their critical use exemption applications and negotiating with the Protocol’s Methyl Bromide Technical Options Committee to gain critical use exemptions. The department seeks confirmation of exemption holders, suppliers and exemption amounts from industry prior to publication of the exemption and intermediate supplier lists.
These amendments are of a minor or machinery nature and do not substantially alter the arrangements as they currently exist.
Details of the Regulation is set out in the Attachment A.
The statement of compatibility with human rights is at Attachment B.
The Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulation commences on 1 January 2013.
Authority: Section 70 of the Ozone Protection
and Synthetic Greenhouse Gas
Management Act 1989
ATTACHMENT A
Details of the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 4)
Section 1 – Name of Regulation
This section provides that the title of the Regulation is the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 4).
Section 2 – Commencement
This section provides for the Regulation to commence on 1 January 2013.
Section 3 – Amendment of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995
This section provides that the Principal Regulations are amended as set out in Schedule 1.
Schedule 1 – Amendments
Item [1] and [2] – Regulation 200
These items ensure that there is a definition for the Non-QPS Exemption List for 2013 (the Exemption List) in the Principal Regulations. For 2013, the Exemption List can be found in the document entitled Exemption List for Non-QPS Applications of Methyl Bromide in 2013 published by the Department of Sustainability, Environment, Water, Population and Communities. The Exemption List details, for 2013, the exempt use, the individual holders of critical use exemptions, their nominated suppliers and the maximum quantity of methyl bromide that they may purchase from that supplier.
Item [3] and [4] – Subregulation 213(6)
These items ensure that there is a definition for the Non-QPS Intermediate Supplier List for 2013 (the Supplier List) in the Principal Regulations. For 2013, the Supplier List can be found in the document entitled Intermediate Supplier List for Non-QPS Applications of Methyl Bromide in 2013 published by the Department of Sustainability, Environment, Water, Population and Communities. The Supplier List details, for 2013, which suppliers of methyl bromide can sell methyl bromide to other nominated suppliers for supply to critical use exemption holders.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 4)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Legislative Instrument makes amendments to the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (Principal Regulations) to make minor administrative amendments in the management of methyl bromide.
Methyl bromide is a controlled substance listed in Part VII of Schedule 1 to the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act). Methyl bromide contributes to the depletion of the ozone layer when released into the atmosphere, and most uses of it are emissive by nature. The Principal Regulations regulate the supply and end use of non-quarantine and pre-shipment methyl bromide through record keeping and reporting systems.
The intent of the amendment is to include a reference to the exemption and intermediate supplier lists (that will be in force for 2013) which would permit the supply and use of methyl bromide for non-quarantine and pre-shipment category uses by critical use exemption holders during 2013.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
The Legislative Instrument is compatible with Australia's human rights obligations.
Senator the Hon Don Farrell, Parliamentary Secretary for Sustainability and Urban Water