Ozone Protection (Product Control) Regulations (Amendment) 1993 No. 49
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 49
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) empowers the Governor- General to make regulations prescribing matters required or permitted by Act to be prescribed.
By subsection 39(1) of the Act, the regulations may prohibit or regulate the manufacture, import, export, distribution or use of products that contain Scheduled Substances or depend on such substances for their operation.
The Australian and New Zealand Environment and Conservation Council ANZECC) approved recommendations in the National Strategy for Ozone Protection that the Commonwealth Minister implement certain product controls.
Under the Act, the control of ozone depleting substances, is effected through two separate mechanisms. Firstly, a licensing and quota scheme for manufacturers, importers and exporters of these chemicals regulates such activities on an annual basis and is regularly monitored. Secondly the Act imposes product controls, by prohibiting or regulating manufacture or import of certain products which rely on scheduled substances in some manner. Initial product controls are set out in Schedule 4 to the Act.
The scope of the product controls implemented by the Commonwealth government was extended by the Ozone Protection (Product Control) Regulations, by including specific polyurethane foam products. The proposed amendments to the regulations implement the next round of ANZECC's Strategy recommendations by adding product controls on industrial and commercial refrigeration and air conditioning equipment, and portable fire extinguishers.
Details of the Regulations
Regulation 1 Provides for the Ozone Protection (Product Control) Regulations to be amended as set out in the Regulations.
Regulation 2 Expresses penalties for breaches under Regulation 4 in a manner consistent with the Crimes Act 1914.
Regulation 3 Expresses penalties for breaches. under Regulation 5 in a manner consistent with the Crimes Act 1914.
Regulation 4 Adds Regulations 6 and 7 and a Schedule:
Regulation 6: provides that a person must not import or manufacture a disposable container which is designed to contain CFC refrigerant.
Regulation 7: provides that a person must not import or manufacture either industrial or commercial refrigeration or air conditioning equipment which contains a CFC refrigerant, or industrial or commercial refrigeration or air conditioning equipment which can only be used with a CFC refrigerant in cases where the refrigerant has not yet been installed. The Regulation does not apply to refrigerated shipping containers or refrigerated air freight containers. The Regulation does not apply to equipment specified in the Schedule until 1 January 1994.
Penalties consistent with section 70 of the Act are imposed for breach of regulations 6 and 7.
Overview
The Ozone Protection (Product Control) Regulations (Amendment) 1993 No. 49 was enacted to address the need for further regulation of products containing substances that deplete the ozone layer. This amendment to the Ozone Protection Act 1989 was introduced to implement additional controls as recommended by the Australian and New Zealand Environment and Conservation Council (ANZECC) in their National Strategy for Ozone Protection. The primary policy objective is to mitigate the impact of ozone-depleting substances by expanding the scope of product controls beyond the initial regulations. The amendments focus on prohibiting or regulating the manufacture and import of disposable containers designed to contain CFC refrigerants, as well as industrial and commercial refrigeration and air conditioning equipment that rely on or can only function with CFC refrigerants. These measures aim to phase out the use of such harmful substances in products, thereby contributing to the global effort to protect the ozone layer. The regulations are enforced by the Commonwealth government, with penalties for breaches consistent with the Crimes Act 1914.
Scope and Application
The Ozone Protection (Product Control) Regulations (Amendment) 1993 No. 49 applies to individuals and entities involved in the manufacture, import, export, distribution, or use of products containing scheduled substances, as outlined in the Ozone Protection Act 1989. This Act extends to the entire Commonwealth of Australia, regulating the handling of products that may deplete the ozone layer, with a particular focus on those that contain or depend on chlorofluorocarbons (CFCs). The regulations were amended to include additional controls on specific polyurethane foam products, industrial and commercial refrigeration and air conditioning equipment, and portable fire extinguishers. Notably, the amendment exempts refrigerated shipping containers and refrigerated air freight containers from the new regulations, as well as equipment specified in the schedule until 1 January 1994. The Act and its amendments enforce stringent controls and penalties for breaches, aligning with the provisions of the Crimes Act 1914, thereby ensuring compliance with the national strategy for ozone protection as recommended by the Australian and New Zealand Environment and Conservation Council (ANZECC).
Key Provisions
The Ozone Protection (Product Control) Regulations (Amendment) 1993 No. 49 (the Amendment Regulations) introduces significant changes to the Ozone Protection (Product Control) Regulations. These amendments are made under the authority of the Ozone Protection Act 1989 (the Act) and are in response to the recommendations of the Australian and New Zealand Environment and Conservation Council (ANZECC). The primary objective of the Amendment Regulations is to extend the scope of product controls to further limit the use of ozone-depleting substances.
Under Regulation 4 of the Amendment Regulations, two new regulations are introduced. Regulation 6 prohibits the importation or manufacture of disposable containers designed to contain chlorofluorocarbon (CFC) refrigerants. Regulation 7 extends this prohibition to industrial and commercial refrigeration and air conditioning equipment containing CFC refrigerants, or equipment that can only function with such refrigerants. This regulation does not apply to refrigerated shipping or air freight containers, and it also exempts equipment listed in the Schedule until 1 January 1994. These regulations aim to phase out the use of CFCs in these products, thereby reducing their impact on the ozone layer.
The Amendment Regulations impose several obligations on individuals and entities. Firstly, they require compliance with the prohibitions outlined in Regulations 6 and 7, effectively banning the manufacture and importation of the specified products. Companies involved in the production or distribution of these products must ensure that they adhere to the new regulations, which may require them to alter their product lines or sourcing strategies to avoid using CFCs. Additionally, businesses must maintain records and documentation to demonstrate compliance with these regulations.
Failure to comply with the Amendment Regulations can result in significant penalties. Regulation 2 and Regulation 3 of the Amendment Regulations express penalties for breaches of Regulations 6 and 7, respectively, in a manner consistent with the Crimes Act 1914. The penalties for breaching these regulations can include substantial fines and, in some cases, criminal prosecution. The exact penalties depend on the nature and severity of the breach but can be significant, reflecting the serious environmental implications of non-compliance with ozone protection laws.