Ozone Protection (Product Control) Regulations (Repeal)

Administered by Department of the Environment and Energy

Legislation au C2004L05715 Regulations Not in force Legislative Instrument

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Ozone Protection (Product Control) Regulations (Repeal) 1995 No. 385

 

 

EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 385

ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT, SPORT AND TERRITORIES

 

Ozone Protection Act 1989

 

Ozone Protection (Product Control) Regulations (Repeal) Outline

Section 70 of the Ozone Protection Act 1989 provides that the Governor-General may make regulations for the purposes of the Act.

 

The Ozone Protection Amendment Act 1995 has recently amended the Ozone Protection Act in line with 1992 amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer. The amendments include the following measures.

 

 Introduction of controls on hydrochlorofluorocarbons (HCFCs) and on methyl bromide by way of a licensing system. The import, export and manufacture of these substances will require a controlled substances licence.

 

 Banning of the import, export and manufacture of chlorofluorocarbons (CFCs), halons, carbon tetrachloride and methyl chloroform from 1 January 1996, other than in the limited circumstances allowed under the Montreal Protocol. Essential uses licences and used substances licences will cover these circumstances.

 Considerable legislative consolidation and administrative improvements. The Commonwealth's ozone protection legislation includes three Acts: the Ozone

Protection Act 1989. the Ozone Protection (Licence Fees - Imports) Act 1995 and the Ozone Protection (Licence Fees - Manufacture) Act 1995. The two latter Acts have replaced the Ozone Protection (Licence Fees - Imports) Act 1989 and the Ozone Protection (Licence Fees - Manufacture) Act 1989. Details of the regulations made under the new Licence Fees Acts are dealt with in separate explanatory statements.

 

Previously, the following regulations existed under the Ozone Protection Act 1989:

 

 Ozone Protection Regulations 1989 No. 70 (and subsequent amending regulations).

 

 Ozone Protection (Product Control) Regulations 1990 No. 283 (and subsequent amending regulations).

 ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations 1993 No. 359 (and subsequent amending regulations).

 

Ozone Protection Regulations 1995

 

As noted above, under the amended Ozone Protection Act 1989, various types of licences are required for the import, export and manufacture of ozone depleting substances. The proposed Ozone Protection Regulations will allow for the implementation of this licensing system, in particular by: setting the level of the fee payable prior to the grant of a licence; allowing for a waiver of that fee in specified circumstances; detailing the record-keeping requirements to which the licences are subject; and providing the format of the form for exemption applications under section 40 of the Act.

 

Details of the Ozone Protection Regulations are as follows:

 

Regulation 1 Provides that the Regulations may be cited as the "Ozone Protection Regulation".

 

Regulation 2 Provides that in the Regulations, "Act" means the Ozone Protection Act 1989.

 

Regulation 3(1) Sets the fees which must be paid prior to the grant of a licence under paragraph 16(2)(a) of the Act. The fees are set at $10,000 for controlled substances licences and used substances licences and at $2,000 for essential uses licences.

 

Regulation 3(2) Provides that the Minister may waive the fee for grant of a controlled substances licence or a used substances licence where the licence will allow the manufacture, import or export of less than half a tonne of scheduled substances and where the Minister is satisfied that the scheduled substances will be. used for test purposes.

 

Regulation 4 Prescribes Form 1 for an application under subsection 40(2) of the Act for an exemption to allow the import, export or manufacture of a product essential for medical, veterinary, defence, industrial safety or public safety purposes.

 

Regulation 5 Details those records which must be kept in writing by licensees, and requires that the records must be kept for at least 5 years.

 

Regulation 6 Requires that records kept by licensees must have page numbering and show the licence number of the licensee on each page.

 

Regulation 7 Repeals Statutory Rules 1999 No. 70 and 1992 No. 348, which are replaced by the proposed Ozone Protection Regulations 1995.

 

Form 1 This is the prescribed form for an application for an exemption under section 40 of the Ozone Protection Act 1989, in accordance with Regulation 4.

 

Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations (Repeal)

These regulations are being repealed because their provisions have now been. incorporated in the Ozone Protection Act 1989. Details of die proposed Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations (Repeal) are as follows;

 

Regulation 1 Repeals the Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations, Statutory Rules 1993 No- 359, and subsequent amending regulations, 1994 No. 136.

 

Ozone Protection (Product Control) Regulations (Repeal)

 

These regulations are being repealed because their provisions have now been incorporated in the Ozone Protection Act 1989. Details of the proposed Ozone Protection (Product Control) Regulations (Repeal) are as follows:

 

Regulation 1 Repeals the Ozone Protection (Product Control) Regulations. Statutory Rules 1990 No. 283, and subsequent amending regulations, 1993 No. 49 and

1994 No. 155.

Overview

The Ozone Protection (Product Control) Regulations (Repeal) 1995 No. 385 was enacted to repeal existing regulations and consolidate legislation related to ozone-depleting substances, aligning with amendments to the Montreal Protocol. This statutory rule was issued by authority of the Minister for the Environment, Sport and Territories and repeals various regulations, including the Ozone Protection (Product Control) Regulations 1990 and subsequent amendments, as well as the Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations 1993 and subsequent amendments. The repeal and consolidation aim to streamline the legislative framework governing the control of substances that deplete the ozone layer, integrating provisions into the Ozone Protection Act 1989. This legislative action supports Australia’s commitment to the international effort to phase out the production and use of substances harmful to the ozone layer.

Scope and Application

The Ozone Protection (Product Control) Regulations (Repeal) 1995 No. 385, issued under the authority of the Minister for the Environment, Sport and Territories, amends the Ozone Protection Act 1989 in alignment with the 1992 amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer. The repealed regulations, which include the Ozone Protection Regulations 1989, Ozone Protection (Product Control) Regulations 1990, and Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations 1993, have been consolidated into the main Act to streamline the legislative framework. The Act applies to individuals, entities, and industries involved in the manufacture, import, or export of ozone-depleting substances within the Commonwealth of Australia. It introduces a licensing system for the control of hydrochlorofluorocarbons (HCFCs) and methyl bromide, banning the import, export, and manufacture of certain substances like chlorofluorocarbons (CFCs) and halons, except under specific circumstances outlined in the Montreal Protocol. The regulations set fees for controlled substances and used substances licences at $10,000 and for essential uses licences at $2,000, with provisions for fee waivers under certain conditions. The Act also mandates record-keeping requirements and specifies the format for exemption applications.

Key Provisions

The main operative sections of the Ozone Protection (Product Control) Regulations (Repeal) 1995 No. 385 are integral to the legislative framework designed to protect the ozone layer by controlling the use of ozone-depleting substances (ODS). Regulation 3(1) sets out the fees for obtaining different types of licences, such as controlled substances licences and used substances licences, at $10,000, and essential uses licences at $2,000. Regulation 3(2) provides a mechanism for the Minister to waive the fee for certain controlled substances and used substances licences if the amount of substances involved is less than half a tonne and will be used for testing purposes. Regulation 4 prescribes Form 1, which is the application form for exemptions under section 40 of the Ozone Protection Act 1989 for importing, exporting, or manufacturing products essential for specific purposes such as medical, veterinary, defence, industrial safety, or public safety. Regulation 5 mandates that licensees must keep detailed records in writing and retain these records for at least five years, while Regulation 6 requires that these records must include page numbering and the licensee’s number on each page. The obligations and requirements imposed by the Act primarily focus on the administration and enforcement of the licensing system for substances that deplete the ozone layer. Under the Act, any entity or individual involved in the import, export, or manufacture of controlled substances must obtain the appropriate licence. This includes adhering to the fee structure outlined in Regulation 3(1) and meeting the record-keeping obligations specified in Regulation 5 and 6. Licensees must also ensure that all records are appropriately numbered and contain the relevant licence number. Additionally, any application for an exemption under section 40 of the Act must be made using the prescribed Form 1 as detailed in Regulation 4. The regulations streamline the process by consolidating previous regulatory provisions into a single set of rules, thereby simplifying compliance and administrative processes. Breaches of the provisions outlined in the Ozone Protection (Product Control) Regulations (Repeal) 1995 No. 385 can result in various civil and criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of similar regulatory frameworks typically involve fines and potential criminal charges. For instance, unauthorised import, export, or manufacture of controlled substances can lead to substantial fines and, in severe cases, imprisonment. Non-compliance with record-keeping requirements may also result in administrative penalties. The overarching objective of these consequences is to ensure strict adherence to the regulations designed to protect the ozone layer and mitigate the environmental impact of ozone-depleting substances.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.