Phosphate Fertilizers Bounty Regulations (Amendment)

Overview

The Phosphate Fertilizers Bounty Regulations 1969 were enacted as statutory rules under the authority of the Phosphate Fertilizers Bounty Act 1963-1968 by the Governor-General in Council. This legislative instrument was introduced to address the need for a more comprehensive definition of trace elements and their compounds in the context of bounty eligibility for phosphate fertilizers. The objective, as stated in the Act, is to facilitate the regulation of chemical compounds and substances containing trace elements, thereby supporting the agricultural sector by providing financial incentives for the use of beneficial trace elements in fertilizers. These regulations specifically aim to identify and include boron, cobalt, copper, manganese, molybdenum, and zinc, along with their chemical compounds and substances containing specified percentages of these elements, in the bounty scheme.

Scope and Application

The Phosphate Fertilizers Bounty Regulations 1969 under the Phosphate Fertilizers Bounty Act 1963-1968 apply to certain trace elements and compounds relevant to the manufacturing and supply of phosphate fertilizers within the Commonwealth of Australia. The regulations specifically identify trace elements such as boron, cobalt, copper, manganese, molybdenum, and zinc, along with their chemical compounds and substances that contain these elements in specified concentrations. This regulation applies to entities involved in the production or supply of phosphate fertilizers that contain these trace elements or compounds, ensuring compliance with the bounty provisions outlined in the Act. The geographic reach of these regulations is national, applying across all states and territories of Australia. The regulations do not explicitly state exclusions, but it can be inferred that substances not meeting the specified concentration thresholds for trace elements or compounds are not subject to the bounty provisions. The application of these regulations is further defined and potentially extended through subordinate instruments, allowing for adjustments and updates to align with industry standards and technological advancements.

Key Provisions

The main provisions of the Statutory Rules 1969 No. REGULATION UNDER THE PHOSPHATE FERTILIZERS BOUNTY ACT 1963-1968 pertain to the amendment of the Phosphate Fertilizers Bounty Regulations, specifically regarding the identification of trace elements and their compounds and substances that are eligible for bounty payments under section 4a of the Act (regulations 2a, 2b, and 2c). Regulation 2a identifies boron, cobalt, copper, manganese, molybdenum, and zinc as trace elements (reg. 2a). Regulation 2b specifies that chemical compounds of these trace elements are also eligible for bounty payments (reg. 2b). Regulation 2c further clarifies the substances eligible for bounty payments, including zinc dross containing at least 70% zinc by weight, substances containing at least 6% molybdenum by weight, and substances containing at least 40% of a chemical compound of a trace element or a combination of such compounds (reg. 2c(2)-(4)). The obligations imposed by these regulations on the parties or entities they govern involve ensuring that any substances or compounds claiming eligibility for bounty payments under section 4a of the Act meet the specified criteria. This includes verifying the percentage composition of trace elements or their compounds in the substances to ensure they fall within the defined thresholds (reg. 2c). The entities must also maintain proper records and documentation to substantiate their claims for bounty payments, ensuring transparency and compliance with the legislative requirements. Breach of these regulations could lead to serious consequences. While the specific offences and penalties are not detailed within the provided text, generally, non-compliance with statutory regulations in Australia can result in civil or criminal penalties. For civil breaches, penalties could include fines, and in severe cases, criminal penalties may apply, including imprisonment. The maximum penalties would depend on the specific nature of the breach and the applicable legislation. It is important for entities to adhere strictly to the regulations to avoid any legal repercussions.