EXPLANATORY STATEMENT
(Issued by Authority of the Minister for the Environment, Heritage and the Arts)
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
Proclamation
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) controls the import, export and manufacture of ozone depleting substances and synthetic greenhouses gases used as replacements to ozone depleting substances. The Act also gives the Commonwealth power to create controls over the end uses of ozone depleting substances and synthetic greenhouse gases.
Section 45B was inserted into the Act by the Ozone Protection and Synthetic Greenhouse Gas Legislation Amendment Act 2003; it creates a strict liability offence for the venting of scheduled substances to the atmosphere except as allowed by the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations). Subsection 45B(1) of the Act provides that it is an offence for a person to engage in conduct, which occurs on or after the startup date and which results in the discharge of a scheduled substance that is not in accordance with the regulations. These arrangements have not yet taken effect: subsection 45B(4) of the Act provides that the ‘startup date’ will be a date fixed by Proclamation for the purposes of section 45B.
The purpose of the Proclamation is to fix 1 January 2009 as the startup date for the purposes of subsection 45B(4) of the Act.
Consultation was undertaken with relevant Commonwealth and State Government agencies and industry stakeholders during the development of amendments to the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Regulations) in 2007, which, amongst other things, specified the conditions under which a person may discharge a scheduled substance under section 45B (now regulation 400). The Department received a positive response from industry to the proposed regulation amendments and the proposal to proclaim section 45 as together these were the first phase in the development of measures to control non-essential uses of scheduled substances.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, enacted by the Commonwealth Parliament, was established to regulate the import, export, and manufacture of substances that deplete the ozone layer and synthetic greenhouse gases, particularly those used as substitutes for ozone-depleting substances. The Act also empowers the Commonwealth to implement controls over the end uses of these substances. A notable amendment to the Act was introduced through the Ozone Protection and Synthetic Greenhouse Gas Legislation Amendment Act 2003, which added a strict liability offence for the venting of scheduled substances to the atmosphere, except as permitted by regulations. The Explanatory Statement indicates that the Proclamation, which fixes the startup date for these amendments as 1 January 2009, was made following consultations with relevant government agencies and industry stakeholders, who provided positive feedback on the proposed regulation amendments. This marks the initial phase in the implementation of measures to manage non-essential uses of scheduled substances, aiming to align with the policy objectives of the Act.
Scope and Application
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 applies to individuals, entities, and industries involved in the import, export, and manufacture of ozone depleting substances and synthetic greenhouse gases. This legislation encompasses the control of these substances and their use as replacements, with the Commonwealth having the authority to establish regulations governing their end uses. Specifically, the Act includes a strict liability offence for the venting of scheduled substances to the atmosphere unless permitted by the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995. The regulations, amended in 2007 following consultations with relevant government agencies and industry stakeholders, specify the conditions under which a person may discharge a scheduled substance. The proclamation issued under the Act sets 1 January 2009 as the effective date for the strict liability offence, marking the start of measures to control non-essential uses of these substances. The Act operates at the national level, with its regulations potentially extending application through subordinate instruments.
Key Provisions
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) primarily focuses on regulating the import, export, and manufacture of ozone-depleting substances and synthetic greenhouse gases, which are substances used as replacements for ozone-depleting substances (Section 1). This legislation grants the Commonwealth the authority to establish controls over the end uses of these substances (Section 1). A key provision of the Act is Section 45B, which was introduced by the Ozone Protection and Synthetic Greenhouse Gas Legislation Amendment Act 2003, establishing a strict liability offence for the venting of scheduled substances to the atmosphere, except as permitted by the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (Principal Regulations) (Section 45B(1)).
Under the Act, parties or entities governed by it must adhere to several obligations and requirements. These include complying with regulations that specify when and how scheduled substances can be discharged (Regulation 400). This requirement is designed to ensure that the use and venting of these substances are managed in a way that minimises environmental harm. The Act also mandates that any discharge of scheduled substances must align with the stipulations outlined in the Principal Regulations, which were developed following consultations with relevant agencies and industry stakeholders in 2007. The Act's provisions are intended to promote the sustainable management of substances that have a detrimental impact on the ozone layer and the global climate.
Breaching the provisions of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 can lead to serious legal consequences. Specifically, under Section 45B(1), any person who engages in conduct that results in the discharge of a scheduled substance in a manner not compliant with the regulations commits an offence. The 'startup date' for these provisions, which is the date from which the offence becomes applicable, is fixed by proclamation to be 1 January 2009 (Section 45B(4)). This proclamation ensures that the regulations and their associated penalties are clearly defined and enforceable from a specified date. The consequences for non-compliance can include strict liability, which means that intent or negligence is not required to establish liability, underscoring the seriousness with which the Act treats environmental protection and compliance.