EXPLANATORY STATEMENT
Ozone Protection Regulations
STATUTORY RULES 1989, NO. 70
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 Act to be prescribed.
Under the Act, the control of ozone depleting substances will be effected through two separate mechanisms. A licensing and quota scheme will be put in place for manufacturers, importers and exporters of these chemicals. The Act will prohibit the manufacture, import and export of CFCs without both a licence and a quota after 1 July 1989 and prohibit the manufacture and import of halons without both a licence and a quota after 1 January 1992. The Act imposes product controls, by prohibiting or regulating manufacture or import of certain products which rely on scheduled substances in some manner. Initial controls of this type are set out in Schedule 4 to the Act.
These regulations relate to prescribed forms (to enable the granting of licences and allocation of quotas under the Act) and the keeping of records by licensees.
Section 47 of the Act requires a licensee to submit quarterly reports to the Minister, advising of the quantities of CFCs (and, after 1 January 1992, halons) manufactured, imported or exported by the licensee during the quarter. These regulations require monthly records of this information to be kept, in relation to each type of CFC and halon, and additional details relating to import and export of the scheduled substances.
Details of the regulations
Regulation 1 | Provides for the regulations to be cited as the Ozone Protection Regulations. |
Regulation 2 | Provides for Regulations 10 and 11, which concern record-keeping by licensees, to commence on 1 July 1989 (when the first CFC quota period commences). |
Regulation 3 | Provides definitions, including the interpretation of “a person who manages or controls” the operations of a body corporate, for the purposes of subregulation 4(2). |
Regulation 4 | Prescribes Form 1 (in the Schedule to the Regulations) for the purposes of section 14 (application for a licence). The Form requires provision of information identifying the applicant. |
| Subregulation 4(2) requires that an application for a licence be accompanied by a statement (or statements) by the applicant (and, in the case of a body corporate, every person who manages or controls the operations of the applicant, such as directors) of certain matters relevant to the determination by the Minister, under subsection 16(5), of whether the applicant is a fit and proper person to hold a licence under the Act. |
| Form 1 also requires detailed information relating to any involvement of the applicant in the conduct of an enterprise in the course of which CFCs or halons were manufactured, imported or exported, during 198 6 (the base year for certain purposes of the Act) or subsequently (before commencement of the Act). This information is relevant to the grant of licences and also to the allocation of quotas, which may include a “1986 component”, based on conduct of such an enterprise during 1986, and a discretionary component, based on conduct of such an enterprise between 1986 and commencement of the Act. |
Regulation 5 | Prescribes Form 2 for the purposes of section 16 (grant of a licence by the Minister). |
Regulation 6 | Prescribes Form 3 for the purposes of section 27 (application for a quota). A separate Form must be used for each type of quota, that is CFC quota or halon quota. In addition to applicant identification questions, the Form also requires information relevant to the defence purposes component of the quota allocation (subsection 29(4)). |
Regulation 7 | Prescribes Form 4 for the purposes of section 31 (renewal of a previously issued quota). In addition to applicant identification questions, the Form requires the licensee to report any changes to information previously provided in relation to the quota renewal sought. |
Regulation 8 | Prescribes Form 5 for the purposes of section 34 (variation of a previously issued quota). Such variations specifically exclude the duration of a quota period, but may |
| include changes to other terms of a quota, such as changes of activity from manufacture to import or vice versa. |
Regulation 9 | Prescribes Form 6 for the purposes of section 40 (exemption from product controls). An exemption may be applied for in relation to controls under the Act on manufacture or import of prohibited or regulated products. An applicant is required to provide identification information and details of the exemption sought. The exemption must be consistent with the specification in section 40 of the grounds on which an exemption may be granted. |
Regulation 10 | Specifies the information to be kept by a licensee in relation to quota activities under the Act. |
| Section 47 of the Act requires a licensee to submit quarterly reports to the Minister advising the quantities of CFCs or halons which were manufactured, imported and exported during a quarter. The regulations require: that monthly records of this information be kept; that these records distinguish, in each category maintained, between CFC-11, CFC-12, CFC-113, CFC-114 and CFC-115, and between Halon-1211, Halon-2402 and Halon-1301; and, that records be kept in relation to each instance of importation or exportation of CFCs or halons, including the date and consignment details. |
| This regulation also provides penalties for breach, that is, failure to keep records as required. While not essential to the regulations, licensees will have drawn to their attention subsection 62(3) of the Act, which creates an offence of inclusion of false or misleading information in records kept (or a report to the Minister). |
Regulation 11 | Requires the licensee’s licence number to be shown on all pages of the records kept by the licensee for the purposes of regulation 10. |
Authorised by the Minister for
the Arts, Sport, the
Environment, Tourism and
Territories