Ozone Protection (Product Control) Regulations (Amendment) 1994 No. 155
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 155
ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT, SPORT AND TERRITORIES
OZONE PROTECTION ACT 1989
Ozone Protection (Product Control) 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.
Under the Montreal Protocol on Substances that Deplete the Ozone Layer, Australia has an obligation to phase-out ozone depleting substances such as chlorofluorocarbons (CFCs) according to the timetable prescribed in the Protocol.
Apart from essential uses, CFCs must be totally phased out by 31 December 1995.
Despite the phase-out program, CFC consumption in the refrigeration and air- conditioning sector had not significantly declined over the four year period from 1989 to 1992 (see graph below). It was determined after consultation with relevant sectors of industry, that controls on products using CFC refrigerants would need to be put in place in order to hasten the move away from CFC technology.
re. Use
The Revised Strategy for Ozone Protection in Australia (draft for public comment) August 1993 recommended that from 15 August 1994, the import and manufacture of refrigerators using CFC12 refrigerant be prohibited, and from 31 December 1994, the import and manufacture of refrigerators containing insulation foam manufactured with CFCs be prohibited. (This Strategy was recently endorsed and released by the Australia and New Zealand Environment and Conservation Council).
In August 1993, industry associations were notified of the Government's intention to make regulations by the former Minister for the Environment Sport and Territories, the Hon Ros Kelly, MP.
The Ozone Protection (Product Control) Regulations (Amendment) will be amended to include controls on the import and manufacture of domestic refrigeration containing CFCs in refrigerant or insulating foam.
Details of the regulations are as follows:
Regulation 1 Defines the commencement dates for the new sections of the regulations.
Regulation 2 Names the regulations to be amended.
Regulation 3 Amends Subregulations 7 (1) and 7(2) so they will:
apply to domestic as well as commercial and industrial refrigeration equipment;
apply to refrigeration equipment that is insulated with foam manufactured with a chlorofluorocarbon (CFC).
Amends Subregulation 7(3) to delete former commencement dates. Subregulation 7(3) will now list refrigeration equipment exempted from these regulations. For example, spare parts.
Regulation 4 Deletes the Schedule which lists equipment exempted in the original regulations until 1 January 1994.
Overview
The Ozone Protection (Product Control) Regulations (Amendment) 1994 No. 155, issued under the authority of the Minister for the Environment, Sport and Territories, amends the Ozone Protection (Product Control) Regulations 1991 to address the persistent consumption of chlorofluorocarbons (CFCs) in the refrigeration and air-conditioning sectors, despite the national phase-out program mandated by the Montreal Protocol on Substances that Deplete the Ozone Layer. This amendment was necessary due to the lack of significant decline in CFC consumption from 1989 to 1992, and it aims to hasten the transition away from CFC technology by imposing stricter controls on products using CFCs. The policy objective is to align Australia's domestic policies with international obligations and to expedite the phase-out of ozone-depleting substances by prohibiting the import and manufacture of certain refrigeration equipment containing CFCs as refrigerants or in insulating foam, effective from specified dates in 1994.
Scope and Application
The Ozone Protection (Product Control) Regulations (Amendment) 1994 No. 155 applies to the manufacture, importation, and use of refrigeration equipment that uses chlorofluorocarbons (CFCs) as refrigerants or in insulating foam, encompassing both domestic and commercial applications. These regulations, made under the authority of the Ozone Protection Act 1989, are aimed at expediting the phase-out of substances that deplete the ozone layer, in line with Australia’s obligations under the Montreal Protocol. The amendments extend the existing controls to domestic refrigeration equipment and clarify exemptions, such as those for spare parts. The geographic reach of these regulations is nationwide, applying uniformly across Australia, and they come into effect on specified dates to ensure compliance with the international timeline set by the Montreal Protocol. The regulations do not specify exclusions beyond those clearly defined, such as essential uses and exempted spare parts, ensuring a comprehensive approach to reducing CFC usage.
Key Provisions
The Ozone Protection (Product Control) Regulations (Amendment) 1994 No. 155 outlines specific provisions to further the objectives of the Ozone Protection Act 1989, primarily targeting the phase-out of ozone-depleting substances such as chlorofluorocarbons (CFCs). Section 70 of the Act empowers the Governor-General to make regulations to implement the Act, and these amendments respond to the need to expedite the phase-out of CFCs in the refrigeration and air-conditioning sector. Regulation 1 sets the commencement dates for the new sections of the regulations, while Regulation 2 identifies the specific regulations to be amended. Regulation 3 extends the scope of the existing regulations to cover both domestic and commercial refrigeration equipment and also includes refrigeration equipment insulated with CFC-based foam. Regulation 4 removes the previous exemption schedule, ensuring that the new regulations apply uniformly from the specified commencement dates.
The amended regulations impose specific obligations on parties involved in the manufacture and import of refrigeration equipment. Under the new regulations, manufacturers and importers must cease production and importation of domestic refrigeration equipment containing CFCs in refrigerant or insulating foam. These obligations are effective from 15 August 1994 for equipment using CFC12 refrigerant and from 31 December 1994 for equipment with CFC-based insulating foam. Exemptions are limited to certain categories such as spare parts, as specified in Subregulation 7(3).
Failure to comply with these regulations may result in significant legal consequences. Although the explanatory statement does not specify the exact penalties, it is likely that breaches of the Ozone Protection Act 1989 could attract civil or criminal penalties. Historically, such breaches have been subject to fines and other enforcement actions. Given the regulatory context, penalties could include substantial fines, potentially reaching thousands of dollars, as well as other civil or administrative actions to enforce compliance. These penalties are intended to ensure adherence to the phase-out schedule and protect the ozone layer.