Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations (Amendment) 1994 No. 136
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 136
ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT, SPORT AND TERRITORIES
OZONE PROTECTION ACT 1989
Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations (Amendment)
Outline
Section 70 of the Ozone Protection Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
At the fourth meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, in November 1992, HCFCs, HBFCs and methyl bromide were added to the list of controlled substances by amendment to the Protocol.
The Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations were made in December 1993 so that Australia could ratify the 1992 amendments to the Montreal Protocol.
Subsection 69A (1) of the Act provides that the Governor-General may make supplementary regulations which define additional controlled (or scheduled) substances to give effect to adjustments or amendments to the Montreal Protocol. Subsection 69A (2) states that supplementary regulations must not come into operation before an adjustment or amendment comes into force in Australia.
The objective of the Regulations is to change the commencement date of the Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations because there has been a delay in lodging the ratification instrument and hence a delay in the amendment coming into force in Australia.
Minor typographical errors in the Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations have also been corrected.
Details of regulations are as follows:
Regulation 1 Names the regulations to be amended
Regulation 2 New Part heading "PART 1- PRELIMINARY" to be inserted before citation.
Regulation 5 Corrects a typographical error in Regulation 15, subregulation (2) so that points are listed in order (a), (b) rather than (b), (a).
Regulation 6 Corrects a typographical error in Regulation 16, subregulation (4) by replacing reference in the text to subregulation (4) with a reference to subregulation (3).
Regulation 7 New Part heading "PART 3 - RESTRICTIONS ON IMPORT AND EXPORT OF HBFC's" replaces former heading "PART 2 - RESTRICTIONS ON IMPORT AND EXPORT OF HBFCs".
Regulation 8 New Part heading "PART 4 - RECORDS AND REPORTS" replaces former heading "PART 3 - RECORDS AND REPORTS".
Regulation 9 New Part Heading "PART 5 - MISCELLANEOUS" replaces former heading "PART 4 - MISCELLANEOUS".
Regulation 10 Corrects typographical errors in regulation 30 by listing points in order (a), (b), (c), (d) rather than (a), (b), (b) (c) and replacing reference to subregulation 14 with reference to subregulation 15.
Regulations 11 & 12 Correct typographical errors in Schedule 1 headings by replacing references to "HCFC'S with "HCFCs" and references to "HBFC'S" with "HBFCs".
NOTES Will correct typographical errors to regulations 18, 19, 26, 27 and 28 after their commencement by replacing references to "HCFC'S" with "HCFCs" and references to "HBFC'S" with "HBFCs".
The Minute recommends that Regulations be made in the form proposed.
Authority: Sections 69A and 70 of the Ozone Protection Act 1989
Overview
The Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations (Amendment) 1994 No. 136, issued under the authority of the Minister for the Environment, Sport and Territories, amends the Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations 1993. These regulations were enacted in response to the addition of HCFCs, HBFCs, and methyl bromide to the list of controlled substances by the fourth meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer in November 1992. The primary objective of these amendments is to correct minor typographical errors within the original regulations and to adjust the commencement date due to delays in the ratification process of the 1992 amendments to the Montreal Protocol within Australia. These amendments ensure that the regulations align with the international commitments made under the Protocol, thereby protecting the ozone layer from further depletion.
Scope and Application
The Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations (Amendment) 1994 No. 136 amends the original regulations made under the Ozone Protection Act 1989 to align with the 1992 amendments to the Montreal Protocol, which added HCFCs, HBFCs, and methyl bromide to the list of controlled substances. The amendment applies to all individuals and entities involved in the import, export, and use of these substances within Australia, thereby impacting various industries such as refrigeration, air conditioning, and agricultural fumigation. The regulation's geographic scope is nationwide, as it pertains to Australia's adherence to international environmental agreements. The amendments correct typographical errors and ensure the regulations are correctly referenced and ordered, without altering the substantive obligations or restrictions on the use and trade of the specified substances. Any exclusions or exemptions are not specified in the explanatory statement but would be detailed within the amended regulations themselves. The application of the Act extends through subordinate instruments as necessary to meet Australia's international commitments under the Montreal Protocol.
Key Provisions
The Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations (Amendment) 1994 No. 136 amends the original regulations made in 1993 to implement the Montreal Protocol's 1992 amendments concerning the control of hydrochlorofluorocarbons (HCFCs), hydrobromofluorocarbons (HBFCs), and methyl bromide. The main operative sections of these regulations include the insertion of new part headings to clarify the structure of the document and corrections to typographical errors throughout the regulations. Regulation 1 names the regulations to be amended, while Regulations 2 through 10 make specific changes to the text to correct headings and points listings. Regulation 11 and 12 correct typographical errors in Schedule 1 headings, and note that further corrections will be made after commencement.
The Act imposes obligations on the parties or entities it governs by ensuring that Australia's regulations align with the Montreal Protocol's amendments. This includes specific restrictions on the import and export of HBFCs (Regulation 7), requirements for record-keeping and reporting (Regulation 8), and miscellaneous provisions (Regulation 9). The regulations aim to facilitate the effective implementation of Australia's commitments under the Montreal Protocol, thereby contributing to the global effort to protect the ozone layer. Compliance with these regulations is crucial for entities involved in the production, import, or export of the controlled substances.
Breach of the regulations can lead to various offences, penalties, or civil and criminal consequences. Under the Ozone Protection Act 1989, penalties for non-compliance can include substantial fines and, in some cases, imprisonment. The specific penalties depend on the nature and severity of the offence. For example, knowingly or recklessly contravening the regulations could result in fines of up to $50,000 for individuals and $250,000 for corporations, as well as potential imprisonment terms. These stringent measures underscore the importance of adhering to the regulations to prevent damage to the ozone layer and comply with international environmental obligations.