EXPLANATORY STATEMENT
Ozone Protection (Product Control) Regulations
STATUTORY RULES 1990, NO 583.
Outline
Section 70 of the Ozone Protection Act 1989 (the Act) empowers the Governor-General to make regulations prescribing matters required or permitted by the Ozone Protection 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.
These matters are referred to in the explanatory memoranda and the Second Reading Speech on the Ozone Protection Bill 1989, which detail undertakings to be implemented in the making of regulations, and the Minister’s decision to implement certain controls recommended in the Australian Environment Council Strategy for Ozone Protection by regulation under the Act.
Under the Act, the control of ozone depleting substances is effected through two separate mechanisms. Firstly, the 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 Regulations extend the scope of product controls implemented by the Commonwealth government.
Details of the Regulations
Regulation 1 Provides for the regulations to be cited as the Ozone Protection (Product Control) Regulations.
Regulation 2 Specifies that regulation 4 comes into effect on 1 January 1991 and regulation 5 comes into effect on 1 January 1992 (these dates are recommended in the Australian Environment Council Strategy for Ozone Protection).
Regulation 3 Provides a definition for the purposes of regulations 4 and 5.
Regulation 4 Provides that a person shall not import or manufacture a rigid polyurethane foam product containing or manufactured with scheduled
substances where the foam is intended for use as packaging.
Regulation 5 Provides that a person shall not manufacture moulded flexible polyurethane foam containing or manufactured with scheduled substances.
Penalties consistent with section 70 of the Act are imposed for breach of regulations 4 and 5.
Authorised by the Minister for the Arts, Sport, the Environment, Tourism and Territories
Overview
The Ozone Protection (Product Control) Regulations were made in 1990 under the authority of the Ozone Protection Act 1989. This Act was enacted to address the problem of ozone depletion caused by certain substances, and the Regulations were introduced to extend the scope of product controls implemented by the Commonwealth government. The Regulations were authorised by the Minister for the Arts, Sport, the Environment, Tourism and Territories and aim to prohibit or regulate the manufacture and import of products that contain or depend on scheduled substances, specifically rigid polyurethane foam products intended for use as packaging and moulded flexible polyurethane foam. These regulations were designed to align with the Australian Environment Council Strategy for Ozone Protection, which recommended certain controls to be implemented. The Regulations came into effect on 1 January 1991 and 1 January 1992, respectively, for the specified prohibitions. Penalties consistent with the Act apply for breaches of these regulations.
Scope and Application
The Ozone Protection (Product Control) Regulations, made under the Ozone Protection Act 1989, specifically target the manufacture, import, and use of products containing or dependent on scheduled substances that deplete the ozone layer. These regulations extend the scope of product controls implemented by the Commonwealth government to further mitigate the environmental impact of such substances. They apply to any individual or entity involved in the manufacture, import, or distribution of products that contain or rely on substances listed in the Schedule 4 of the Act. The regulations have a national jurisdictional reach, as they are issued under the authority of the Commonwealth of Australia. Notably, the regulations explicitly prohibit the importation or manufacture of rigid polyurethane foam products containing scheduled substances for packaging purposes, as well as the manufacture of moulded flexible polyurethane foam containing these substances. Penalties for non-compliance with these regulations are consistent with those outlined in section 70 of the Ozone Protection Act 1989. The application of these regulations is further extended and clarified through subordinate instruments, ensuring comprehensive enforcement of the Ozone Protection Act’s objectives.
Key Provisions
The Ozone Protection (Product Control) Regulations, made under the Ozone Protection Act 1989, detail specific provisions aimed at controlling products that contribute to ozone depletion. Regulation 4, for example, prohibits the importation or manufacture of rigid polyurethane foam products containing scheduled substances if these products are intended for use as packaging. This regulation came into effect on 1 January 1991, as specified in Regulation 2. Similarly, Regulation 5 prohibits the manufacture of moulded flexible polyurethane foam containing scheduled substances, with its effective date set for 1 January 1992. The regulations are designed to extend the scope of product controls already established in the Act, specifically targeting products that rely on substances known to deplete the ozone layer.
These regulations impose clear obligations on individuals and entities involved in the manufacture or import of specified products. Manufacturers and importers must ensure that any rigid polyurethane foam products, intended for packaging purposes, are free from scheduled substances. Additionally, the production of moulded flexible polyurethane foam that contains these substances is strictly prohibited. These requirements are integral to the broader aim of reducing the environmental impact of ozone-depleting substances. Compliance with these regulations is essential for all parties involved in the production and importation of the affected products.
Failure to comply with these regulations can result in significant legal consequences. Under the Ozone Protection Act 1989, penalties for breach of Regulations 4 and 5 can be severe. These penalties are intended to enforce compliance and deter non-compliance by imposing financial and legal repercussions on violators. Although the specific penalties are not detailed in the explanatory statement, they are consistent with the provisions outlined in section 70 of the Act, which empowers the Governor-General to establish regulations with corresponding penalties. The exact nature of these penalties would be specified in the detailed regulatory framework, but they could include fines and other legal actions to ensure adherence to the regulations.