EXPLANATORY STATEMENT
Ozone Protection (Licence Fees - Manufacture) Regulations
STATUTORY RULES 1989, NO 233.
Outline
Section 70 of the Ozone Protection Act 1989 (Ozone Protection Act) empowers the Governor-General to make regulations prescribing matters required or permitted by the Ozone Protection Act to be prescribed.
By subsection 69(1) of the Ozone Protection Act, the licence fees are due and payable by the licensee at the end of 15 days after the end of each quarter to which the fees relate.
Subsection 4(1) of the Ozone Protection (Licence Fees - Manufacture) Act 1989, (the Licence Fees Act), provides that fees are payable to the Commonwealth by a licensee, on a quarterly basis, at rates fixed by regulations.
Regulations are required under the Licence Fees Act to set the rates for the licence fees. These fees are imposed to recover administrative costs associated with the Ozone Protection Act. These matters are referred to in the Second Reading Speech of the Ozone Protection (Licence Fees - Manufacture) Bill 1989, which details undertakings to be implemented in the setting of regulations, the Minister’s decision of the appropriate rate(s) and intention to review rates fixed as required to continue to fulfil the undertaking.
The first occasion on which licence fees will fall due will be 15 October 1989 following the end of the first quarter in the chlorofluorocarbon quota period on 30 September 1989.
Details of the Regulations
Regulation 1 Provides for the regulations to be cited as the Ozone Protection (Licence Fees - Manufacture) Regulations.
Regulation 2 Provides a definition for the purposes of regulation 3.
Regulation 3 Specifies the rate at which licence fees will be set for the purposes of subsection 4(1) of the Licence Fees Act.
Authorised by the Minister for the
Arts, Sport, the Environment, Tourism
and Territories
Overview
The Ozone Protection (Licence Fees - Manufacture) Regulations 1989 were enacted to establish the rates for licence fees under the Ozone Protection (Licence Fees - Manufacture) Act 1989. These regulations were introduced to address the need for a structured method of collecting fees from licensees involved in the manufacture of substances that deplete the ozone layer. This was to ensure that the administrative costs associated with enforcing the Ozone Protection Act were recovered from those who benefit from the licensing system. The regulations were authorised by the Minister for the Arts, Sport, the Environment, Tourism and Territories, aligning with the policy objective of regulating the manufacture of ozone-depleting substances to protect the ozone layer. The fees collected are intended to cover the administrative costs associated with the implementation and oversight of the Ozone Protection Act, ensuring that the regulatory framework remains effective and sustainable.
Scope and Application
The Ozone Protection (Licence Fees - Manufacture) Regulations 1989 establish the framework for the imposition of licence fees under the Ozone Protection Act 1989, specifically targeting entities involved in the manufacture of substances that deplete the ozone layer. These regulations apply to any licensees who engage in activities related to the manufacture of ozone-depleting substances within the Commonwealth of Australia. The fees, set out in the regulations, are intended to recover administrative costs associated with the enforcement and oversight of the Ozone Protection Act. The geographic jurisdiction of these regulations is limited to Australia, with no specified exclusions or exemptions, meaning all applicable manufacturers within the Commonwealth are subject to these fees. The rates for these fees are determined by the regulations, with the first fees becoming payable from 15 October 1989, following the end of the first quarter in the chlorofluorocarbon quota period on 30 September 1989. The regulations are designed to ensure that the administrative costs of the Ozone Protection Act are effectively recovered, and the rates are subject to review as necessary to meet this objective.
Key Provisions
The Ozone Protection (Licence Fees - Manufacture) Regulations 1989 establish the framework for licence fees associated with the manufacture of substances that deplete the ozone layer. Section 70 of the Ozone Protection Act 1989 empowers the Governor-General to create these regulations, ensuring compliance with the administrative costs recovery outlined in the Act. The fees are payable by the licensee on a quarterly basis, as stipulated in section 4(1) of the Ozone Protection (Licence Fees - Manufacture) Act 1989 (Licence Fees Act). The first payment is due 15 days after the end of each quarter, as per subsection 69(1) of the Ozone Protection Act.
These regulations impose specific obligations on the licensees. Primarily, they must pay the prescribed licence fees within the stipulated timeframe to remain compliant with the Ozone Protection Act. The fees are set to recover administrative costs associated with the implementation and enforcement of the Ozone Protection Act. The Minister, through the regulations, determines the rates of these fees, ensuring that they are sufficient to cover the administrative costs while fulfilling the objectives of the Act.
Failure to comply with the provisions of these regulations can result in civil or criminal consequences. Although the exact penalties are not specified in the text provided, typically, breaches of environmental regulations can result in fines or other sanctions under the relevant legislation. The severity of the penalty may depend on the nature and extent of the breach, and in some cases, persistent non-compliance could lead to more severe criminal penalties. The regulations are designed to ensure that the administrative costs are recovered effectively, thus maintaining the integrity and enforcement of the Ozone Protection Act.