Ozone Protection Regulations (Amendment) 1992 No. 348
EXPLANATORY STATEMENT STATUTORY RULES 1992 No. 348
(Issued by the Authority of the Minister for the Arts, Sport, the Environment and Territories)
Ozone Protection Act 1989
Ozone Protection Regulations (Amendment)
The purpose of these regulations is to amend the Ozone Protection Regulations (the Regulations), which are in force under the Ozone Protection Act 1989 (the Act).
Section 70 of the Act provides that the Governor-General may make regulations not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or , convenient to be prescribed for carrying out or giving effect to the Act.
The amendments to the Regulations enable the provisions of the existing Regulations which relate to prescribed forms and the keeping of records to be extended to include newly scheduled substances listed in Schedule 1 of the Act. Schedule 1 will be amended after the Ozone Protection Amendment Act 1992 comes into operation to add ten new CFCs, carbon tetrachloride and methyl chloroform to the list of controlled substances under the Act. It has been proposed that the amendments to the Regulations come into operation on the same date as the Ozone Protection Amendment Act 1992, i.e. 9 November 1992.
One additional form, Form 1A, and minor amendments to existing Forms 26 are proposed.
Form 1A: Application for a Licence Under Section 14, is proposed as the application form relating to the newly scheduled substances under the Amendment Act. It is similar to the existing Form 1 for stage-1 CFCs and halons.
Form 1A requires information relating to any involvement of the applicant in the conduct of an enterprise in the course of which newly scheduled substances were imported, manufactured or exported between 1 January 1989 (the base year for certain purposes of the Act) and the date of commencement of the Ozone Protection Amendment Act 1992. This information is relevant to granting of licences and also the allocation of quotas.
The proposed amendment to Form 2 takes into account the authority under the Act to issue a restricted licence. Other amendments to the forms include the addition of the newly scheduled substances. The opportunity has also been taken to tidy the forms and remove references to telex numbers which are now rarely used in business communications.
Overview
The Ozone Protection Regulations (Amendment) 1992 were enacted to amend the Ozone Protection Regulations, which operate under the Ozone Protection Act 1989. These regulations were introduced by the Commonwealth of Australia in response to the need to address the depletion of the ozone layer by controlling the use and emissions of certain ozone-depleting substances. The policy objective of these amendments is to align the regulatory framework with the expanded list of controlled substances as set out in the Ozone Protection Amendment Act 1992, ensuring comprehensive coverage and effective enforcement. The proposed amendments to the regulations include the introduction of a new form, Form 1A, for applications related to newly scheduled substances, alongside minor adjustments to existing forms to streamline the regulatory process and remove outdated communication methods.
Scope and Application
The Ozone Protection Regulations (Amendment) 1992 No. 348, issued under the authority of the Minister for the Arts, Sport, the Environment and Territories, serve to amend the existing Ozone Protection Regulations implemented under the Ozone Protection Act 1989. These regulations are designed to align the regulatory framework with the Ozone Protection Amendment Act 1992, which will introduce new substances under the control of the Act. Specifically, the amendments extend the scope of the existing regulations to include newly scheduled substances such as ten new CFCs, carbon tetrachloride, and methyl chloroform, which will be added to Schedule 1 of the Act upon the commencement of the Amendment Act on 9 November 1992. The amendments also introduce a new form, Form 1A, which is an application for a licence under Section 14 relating to these newly scheduled substances, and make minor adjustments to existing forms, such as Form 2, to reflect the authority to issue restricted licences and to update the forms by removing outdated references such as telex numbers. The regulations apply to entities and individuals involved in the import, manufacture, or export of the newly scheduled substances from 1 January 1989 onwards, ensuring that the regulatory framework remains current and effective in protecting the ozone layer.
Key Provisions
The Ozone Protection Regulations (Amendment) 1992 No. 348 (the Regulations) amends the existing Ozone Protection Regulations (the original Regulations) to align them with the Ozone Protection Amendment Act 1992. This amendment primarily concerns the inclusion of new substances in the controlled substances list under the Ozone Protection Act 1989 (the Act). Specifically, the amendments extend the existing provisions regarding prescribed forms and record-keeping to these new substances. This is detailed in section 70 of the Act, which empowers the Governor-General to make regulations that are necessary for the implementation of the Act. The new substances added include ten chlorofluorocarbons (CFCs), carbon tetrachloride, and methyl chloroform, which will be listed in Schedule 1 of the Act following the Ozone Protection Amendment Act 1992's commencement on 9 November 1992.
The Regulations introduce a new form, Form 1A, which is an application for a licence under section 14 of the Act, specifically for the newly scheduled substances. This form mirrors the existing Form 1 used for stage-1 CFCs and halons. Form 1A requires applicants to provide details about any involvement in activities involving the newly scheduled substances between 1 January 1989 and the commencement date of the Ozone Protection Amendment Act 1992. This information is crucial for the granting of licences and the allocation of quotas. Additionally, minor amendments are proposed for existing Form 26 to account for the authority to issue restricted licences and to incorporate the new substances into the forms. The amendments also aim to improve the forms' clarity by removing outdated references, such as telex numbers, which are no longer commonly used in business communications.
Entities and individuals subject to the Act are required to comply with the new forms and record-keeping provisions as outlined in the amended Regulations. This includes filling out Form 1A for applications related to the new substances and ensuring that all records are kept in accordance with the updated requirements. The regulations mandate that any records pertaining to the import, manufacture, or export of the newly scheduled substances must be maintained from the base year of 1 January 1989 up until the commencement of the Ozone Protection Amendment Act 1992. This includes detailed information about the activities involving these substances, which will be used for licensing and quota allocation purposes.
Failure to comply with the new provisions could result in significant consequences. While the explanatory statement does not specify detailed penalties, breaches of the Ozone Protection Act 1989 and its regulations could lead to enforcement actions, fines, or other legal repercussions. The Act empowers authorised officers to take action against entities and individuals who do not comply with the requirements, which may include the imposition of fines or other penalties as deemed appropriate by the court. The precise penalties would depend on the specific breach and relevant sections of the Act and Regulations, but they could include substantial financial penalties or other sanctions.