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Ozone Protection Act 1989

  • - C2004C05814
  • In force - Superseded Version
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Act No. 7 of 1989 as amended, taking into account amendments up to Act No.. 46 of 1992
Registered 04 Dec 2009
Start Date 09 Nov 1992
End Date 01 Nov 1995

OZONE PROTECTION ACT 1989
- Reprinted as at 9 November 1992 (HISTACT2 CHAP 608 #DATE 09:11:1992)

*1* The Ozone Protection Act 1989 as shown in this reprint comprises Act No. 7, 1989 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of Assent Commencement saving or
Year transitional
provisions
Ozone Protection Act 1989
7, 1989 16 Mar 1989 16 Mar 1989
Ozone Protection Amendment Act 1992
46, 1992 11 June 1992 9 Nov 1992 Ss. 11 (2), 26
(see Gazette 1992, (2), 27 (2),
No. S321) 33 (2), 34 (2)
and 37 (2)
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
Ss. 7-9 am. No. 46, 1992
S. 10A ad. No. 46, 1992
S. 12 am. No. 46, 1992
Ss. 12A, 12B ad. No. 46, 1992
S. 13 am. No. 46, 1992
S. 16 am. No. 46, 1992
S. 17A ad. No. 46, 1992
S. 18 am. No. 46, 1992
S. 18A ad. No. 46, 1992
S. 20 am. No. 46, 1992
Ss. 22A-22C ad. No. 46, 1992
Ss. 23-33 am. No. 46, 1992
S. 36 am. No. 46, 1992
S. 38 am. No. 46, 1992
Ss. 40-46 am. No. 46, 1992
S. 46A ad. No. 46, 1992
S. 47 rs. No. 46, 1992
S. 47A ad. No. 46, 1992
S. 48A ad. No. 46, 1992
S. 57 am. No. 46, 1992
S. 60 am. No. 46, 1992
Ss. 62-64 am. No. 46, 1992
S. 66 am. No. 46, 1992
S. 67A ad. No. 46, 1992
Ss. 69A, 69B ad. No. 46, 1992
Schedule 1 am. No. 46, 1992
Schedule 3 rs. No. 46, 1992
Schedule 4 am. No. 46, 1992

OZONE PROTECTION ACT 1989 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Objectives
4. Saving of certain State and Territory laws
5. Act to bind the Crown
6. Extension to external Territories
PART II - EXPLANATION OF TERMS USED IN THE ACT
7. Definitions
8. Quota periods
9. Scheduled substances and transitional substances not to
include manufactured products
10. Quantity - in relation to scheduled substances
10A. Quantity - in relation to transitional substances
11. Ozone depleting effect
12. Recycling of scheduled substances and transitional substances
12A. Feedstocks
PART III - LICENCES
12B. Part does not apply to export of CFCs for use on board ships
or aircraft
13. Unlicensed manufacture, import or export of scheduled
substances
14. Application for licence
15. Request for further information
16. Grant of licence
17. Deemed refusal of licence
17A. Licence may be granted subject to conditions
18. Duration of licence
18A. Termination of licence by regulation
19. Renewal of licence
20. Cancellation of licence
21. Surrender of licence
22. Publication of information regarding licences etc.
PART IV - QUOTAS
22A. Quota system does not apply to manufacture, import or export
covered by restricted licence
22B. Quota system does not apply to export of CFCs for use on board
ships or aircraft
22C. Meaning of 'type' of CFCs
23. Manufacture in excess of quota
24. Import in excess of quota
25. Export of stage-1 CFCs in excess of quota
26. Nature of quotas
27. Application for quota
28. Allocation of quota
29. Ascertainment of size of quota - initial allocation in respect
of manufacture or import
30. Ascertainment of size of quota - initial allocation in respect
of export of stage-1 CFCs
31. Renewal of quota
32. Ascertainment of size of quota on renewal
33. Ascertainment of size of quota in respect of export of stage-1
CFCs on renewal
34. Variation of quota
35. Quota transferable
36. Publishing of quota levels
PART V - CONTROL OF MANUFACTURE ETC. OF PRODUCTS
CONTAINING OR USING SCHEDULED SUBSTANCES
37. Persons to whom this Part applies, activities to which this
Part applies
38. Manufacture and import of products in contravention of
Schedule 4
39. Regulations concerning manufacture etc. of scheduled
substances
40. Exemptions
PART VI - CONTROL OF IMPORTS AND EXPORTS
41. Protocol countries
42. Import of scheduled substances from non-Protocol countries
43. Export of scheduled substances to non-Protocol countries
44. Import of products containing scheduled substances from
non-Protocol countries
45. Import of products manufactured using scheduled substances
from non-Protocol countries
PART VII - REPORTS AND RECORDS
46. Initial report on base year activity - stage-1 scheduled
substances
46A. Initial report on base year activity - stage-2 scheduled
substances and transitional substances
47. Quarterly reports by manufacturers, importers or exporters of
scheduled substances
47A. Annual reports by manufacturers, importers or exporters of
transitional substances
48. Records to be kept by licensees
PART VIII - ENFORCEMENT
Division 1 - Inspectors
48A. Division does not apply to obligations relating to
transitional substances
49. Appointment of inspectors
50. Identity cards
51. Searches to monitor compliance with Act etc.
52. Offence-related searches and seizures
53. Warrants may be granted by telephone
54. Power to require information etc.
55. Retention of books, records and documents
Division 2 - Injunctions
56. Injunctions
Division 3 - Forfeiture of goods
57. Forfeitable goods
58. Goods forfeited to Commonwealth
59. Power to seize forfeited goods
60. Persons not to move etc. seized goods
61. Disposal of forfeited goods
Division 4 - Offences
62. False statements
63. Obstruction of inspectors etc.
64. Failure to answer questions etc.
65. Conduct by directors, servants and agents
PART IX - MISCELLANEOUS
66. Review of decisions
67. Statements to accompany notification of decisions
67A. Delegation
68. Annual report
69. Collection of licence fees
69A. Implementation of Protocol - supplementary regulations
69B. Severability
70. Regulations
SCHEDULE 1
SCHEDULED SUBSTANCES
SCHEDULE 2
VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER
SCHEDULE 3
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER AS ADJUSTED AND AMENDED BY THE SECOND MEETING OF
THE PARTIES LONDON, 27-29 JUNE 1990
SCHEDULE 4
CONTROL OF MANUFACTURE ETC. OF PRODUCTS
CONTAINING OR USING SCHEDULED SUBSTANCES

OZONE PROTECTION ACT 1989 - LONG TITLE

SECT

An Act to provide for measures to protect ozone in the atmosphere

OZONE PROTECTION ACT 1989 - PART I
PART I - PRELIMINARY

OZONE PROTECTION ACT 1989 - SECT 1
Short title

SECT

1. This Act may be cited as the Ozone Protection Act 1989.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

OZONE PROTECTION ACT 1989 - SECT 2
Commencement

SECT

2. This Act commences on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

OZONE PROTECTION ACT 1989 - SECT 3
Objectives

SECT

3. The objectives of this Act are:
(a) to institute a system of controls on the manufacture, import and export of substances that deplete ozone in the atmosphere, for the purpose of:
(i) giving effect to Australia's obligations under the Convention
and the Protocol; and
(ii) further reducing Australia's exports of such substances;
(b) to institute, and to provide for the institution of, specific controls on the manufacture, import, export, distribution and use of products that contain such substances or use such substances in their operation; and
(c) to use the best endeavours to encourage Australian industry to:
(i) replace ozone depleting substances; and
(ii) achieve a faster and greater reduction in the levels of
production and use of ozone depleting substances than are provided for in the Convention and the Protocol;
to the extent that such replacements and achievements are reasonably possible within the limits imposed by the availability of suitable alternate substances, and appropriate technology and devices.

OZONE PROTECTION ACT 1989 - SECT 4
Saving of certain State and Territory laws

SECT

4. It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the protection of ozone in the atmosphere and is capable of operating concurrently with this Act.

OZONE PROTECTION ACT 1989 - SECT 5
Act to bind the Crown

SECT

5. (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of an internal Territory that has been established as a body politic and of Norfolk Island.


(2) Nothing in this Act renders the Crown in right of the Commonwealth, of a State, of an internal Territory or of Norfolk Island liable to be prosecuted for an offence.

OZONE PROTECTION ACT 1989 - SECT 6
Extension to external Territories

SECT

6. This Act extends to all the external Territories.

OZONE PROTECTION ACT 1989 - PART II
PART II - EXPLANATION OF TERMS USED IN THE ACT

OZONE PROTECTION ACT 1989 - SECT 7
Definitions

SECT

7. (1) In this Act, unless the contrary intention appears:
"Australia" includes all the external Territories;
"base year" means:
(a) in relation to a stage-1 CFC or a halon - 1986; or
(b) in relation to a stage-2 CFC, carbon tetrachloride, methyl chloroform or a transitional substance - 1989;
"carbon tetrachloride" means the substance referred to in Part III of Schedule 1, whether existing alone or in a mixture;
"CFC" means a substance referred to in Part I of Schedule 1, whether existing alone or in a mixture;
"CFC quota" means a quota allocated or renewed under Part IV that permits the manufacture, import or export of CFCs;
"CFC quota period" means a CFC quota period as defined in section 8;
"Convention" means the Vienna Convention for the Protection of the Ozone Layer, a copy of the English text of which is set out in Schedule 2;
"distribution" includes sale and supply, whether for consideration or not;
"export", in relation to goods or a substance, means do an act that constitutes exportation of the goods or substance from Australia within the meaning of section 112 of the Customs Act 1901, or would constitute such exportation if the external Territories were part of Australia for the purposes of that Act;
"Federal Court" means the Federal Court of Australia;
"feedstock" means an intermediate substance which is used to manufacture other chemicals;
"halon" means any substance referred to in Part II of Schedule 1, whether existing alone or in a mixture;
"halon quota" means a quota allocated or renewed under Part IV that permits the manufacture or import of halons;
"halon quota period" means a halon quota period as defined in section 8;
"import", in relation to goods or a substance, means do an act that constitutes importation of the goods or substance into Australia within the meaning of section 50 of the Customs Act 1901, or would constitute such importation if the external Territories were part of Australia for the purposes of that Act;
"inspector" means a person appointed as an inspector under section 49;
"licensee" means a person who holds a licence under section 16;
"methyl chloroform" means the substance referred to in Part IV of Schedule 1 (that is, 1,1,1-trichloroethane), whether existing alone or in a mixture;
"methyl chloroform quota" means a quota allocated or renewed under Part IV that permits the manufacture or import of methyl chloroform;
"methyl chloroform quota period" means a methyl chloroform quota period as defined in section 8;
" premises" includes:
(a) a structure, building, aircraft, vehicle or vessel;
(b) land or a place (whether enclosed or built upon or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b));
"Protocol" means the Montreal Protocol on Substances that Deplete the Ozone Layer, a copy of the English text of which is set out in Schedule 3;
"quarter" means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October;
"quota activity" means:
(a) the manufacture of stage-1 CFCs;
(b) the import of stage-1 CFCs;
(c) the export of stage-1 CFCs;
(d) the manufacture of halons;
(e) the import of halons;
(f) the manufacture of stage-2 CFCs;
(g) the import of stage-2 CFCs;
(h) the manufacture of methyl chloroform; or
(i) the import of methyl chloroform;
"quota period" means a CFC quota period, a halon quota period or a methyl chloroform quota period;
"reduce", in relation to the size of a quota, includes reduce to nil;
"restricted licence" means a licence under section 16 that is subject to conditions;
"scheduled substance" means a substance referred to in Schedule 1, whether existing alone or in a mixture;
"stage-1 CFC" means a substance referred to in Division 1 of Part I of Schedule 1, whether existing alone or in a mixture;
"stage-2 CFC" means a substance referred to in Division 2 of Part I of Schedule 1, whether existing alone or in a mixture;
"stage-1 scheduled substance" means:
(a) a stage-1 CFC; or
(b) a halon;
"stage-2 scheduled substance" means:
(a) a stage-2 CFC; or
(b) carbon tetrachloride; or
(c) methyl chloroform;
"transitional substance" means a substance referred to in Annex C to the Protocol, whether existing alone or in a mixture.


(2) A reference in this Act to an offence against this Act, to an offence against a provision of this Act or to a contravention of this Act includes a reference to an offence against section 5, 6, 7 or 7A, or paragraph 86 (1) (a), of the Crimes Act 1914 that relates to this Act or that provision, as the case requires.


(3) A reference in this Act to an offence against the regulations or to a contravention of the regulations includes a reference to an offence against section 5, 6, 7 or 7A, or paragraph 86 (1) (a), of the Crimes Act 1914 that relates to the regulations.

OZONE PROTECTION ACT 1989 - SECT 8
Quota periods

SECT

8. (1) A CFC quota period, a halon quota period or a methyl chloroform quota period has a duration of 12 months unless it is extended by the Minister.


(2) Each CFC quota period (other than the first) commences at the end of the previous CFC quota period, each halon quota period (other than the first) commences at the end of the previous halon quota period, and each methyl chloroform quota period (other than the first) commences at the end of the previous methyl chloroform quota period.


(3) The first CFC quota period in relation to a stage-1 CFC commences on:
(a) if the Protocol entered into force on 1 January 1989 - 1 July 1989; or
(b) in any other case - a later day fixed by the Minister.


(4) The first halon quota period commences on:
(a) if the Protocol entered into force on 1 January 1989 - 1 January 1992; or
(b) in any other case - a later day fixed by the Minister.


(4A) The first CFC quota period in relation to a stage-2 CFC commences on the first 1 July after the commencement of the Ozone Protection Amendment Act 1992.


(4B) The first methyl chloroform quota period commences on the later of the following days:
(a) 1 January 1993;
(b) the first day of the first quarter commencing after the commencement of the Ozone Protection Amendment Act 1992.


(5) A day fixed under subsection (3) shall be not earlier than 6 months after the entry into force of the Protocol.


(6) A day fixed under subsection (4) shall be not earlier than 3 years after the entry into force of the Protocol.


(7) An extension under subsection (1) or the fixing of a day under subsection (3) or (4) shall be by notice published in the Gazette.


(8) A notice effecting an extension under subsection (1) is a disallowable instrument within the meaning of section 46A of the Acts Interpretation Act 1901.

OZONE PROTECTION ACT 1989 - SECT 9
Scheduled substances and transitional substances not to include
manufactured products

SECT

9. (1) A reference in this Act to a scheduled substance or a transitional substance does not include a reference to a manufactured product that:
(a) contains, and will use in its operation, a scheduled substance or a transitional substance, as the case may be; or
(b) consists in part of a scheduled substance or a transitional substance, as the case may be, only because the substance was used in the manufacturing process.


(2) A reference in subsection (1) to a manufactured product does not include a reference to a manufactured product that is to be used only for the transportation and storage of a scheduled substance or a transitional substance, as the case may be, unless the substance can only be used in conjunction with the product.

OZONE PROTECTION ACT 1989 - SECT 10
Quantity - in relation to scheduled substances

SECT

10. A reference in this Act to a quantity of a scheduled substance or scheduled substances is a reference to the amount of the substance or substances expressed in terms of the ozone depleting effect of the amount.

OZONE PROTECTION ACT 1989 - SECT 10A
Quantity - in relation to transitional substances

SECT

10A. A reference in this Act to a quantity of a transitional substance or transitional substances is a reference to the mass of the substance or substances expressed in kilograms.

OZONE PROTECTION ACT 1989 - SECT 11
Ozone depleting effect

SECT

11. (1) For the purposes of this Act, the ozone depleting effect of an amount of a scheduled substance is the number obtained by multiplying the number representing the mass of the amount in kilograms by the factor specified in column 2 of Schedule 1 as the ozone depleting potential of the substance.


(2) The ozone depleting effect of amounts of 2 or more scheduled substances, considered together, is the sum of the numbers representing the ozone depleting effect of the amounts.

OZONE PROTECTION ACT 1989 - SECT 12
Recycling of scheduled substances and transitional substances

SECT

12. (1) In this Act a reference to the manufacture of scheduled substances or transitional substances does not include a reference to a process by which a quantity of scheduled substances or transitional substances, as the case may be, is produced by the recycling of substances containing scheduled substances or transitional substances, as the case may be, of that quantity.


(2) For the purposes of this Act, where a process for the manufacture of a quantity of scheduled substances or transitional substances involves, in part, the recycling of substances containing scheduled substances or transitional substances, as the case may be, of a lesser quantity, the quantity of scheduled substances or transitional substances, as the case may be, manufactured in the process shall be taken to be reduced by the quantity of scheduled substances or transitional substances, as the case may be, in the substances recycled in the process.

OZONE PROTECTION ACT 1989 - SECT 12A
Feedstocks

SECT

12A. A reference in this Act (other than Part VII) to the manufacture or import of a scheduled substance does not include a reference to the manufacture or import of a scheduled substance exclusively for use as a feedstock.

OZONE PROTECTION ACT 1989 - PART III
PART III - LICENCES

OZONE PROTECTION ACT 1989 - SECT 12B
Part does not apply to export of CFCs for use on board ships or aircraft

SECT

12B. This Part does not apply to the export of a CFC if all of the following conditions are satisfied:
(a) the CFC is on board a ship or aircraft;
(b) the ship or aircraft has air conditioning or refrigeration equipment;
(c) the CFC is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, one or more periods when the ship or aircraft is or will be engaged in a journey between:
(i) a place in Australia and a place outside Australia; or
(ii) 2 places outside Australia.

OZONE PROTECTION ACT 1989 - SECT 13
Unlicensed manufacture, import or export of scheduled substances

SECT

13. (1) After the beginning of the first CFC quota period applicable to a stage-1 CFC, a person shall not:
(a) manufacture a stage-1 CFC;
(b) import a stage-1 CFC; or
(c) export a stage-1 CFC;
unless the person holds a licence under section 16.
Penalty: $50,000.


(2) After the beginning of the first halon quota period, a person shall not:
(a) manufacture a halon;
(b) import a halon;
unless the person holds a licence under section 16.
Penalty: $50,000.


(3) A person must not export a halon unless the person holds a restricted licence under section 16.
Penalty: $50,000.


(4) After the beginning of the first CFC quota period applicable to a stage-2 CFC, a person must not:
(a) manufacture a stage-2 CFC; or
(b) import a stage-2 CFC; or
(c) export a stage-2 CFC;
unless the person holds a licence under section 16.
Penalty: $50,000.


(5) A person must not:
(a) manufacture carbon tetrachloride; or
(b) import carbon tetrachloride;
unless the person holds a restricted licence under section 16.
Penalty: $50,000.


(6) After the beginning of the first methyl chloroform quota period, a person must not:
(a) manufacture methyl chloroform; or
(b) import methyl chloroform;
unless the person holds a licence under section 16.
Penalty: $50,000.


(7) After the beginning of the first methyl chloroform quota period, a person must not export methyl chloroform unless the person holds a restricted licence under section 16.
Penalty: $50,000.

OZONE PROTECTION ACT 1989 - SECT 14
Application for licence

SECT

14. (1) An application for a licence shall:
(a) be in the prescribed form; and
(b) be given to the Minister.


(2) The prescribed form of application may provide for verification of statements in an application by statutory declaration.

OZONE PROTECTION ACT 1989 - SECT 15
Request for further information

SECT

15. The Minister may, within 60 days after an application for a licence is made, give an applicant for a licence written notice requiring the applicant to give the Minister such further information relating to the application as is specified in the notice.

OZONE PROTECTION ACT 1989 - SECT 16
Grant of licence

SECT

16. (1) Subject to subsections (3C), (3D), (3E) and (4), the Minister may grant a licence to a person who has applied under section 14.


(2) A licence shall be granted in the prescribed form.


(3A) A licence granted after the commencement of this subsection must specify the activity to which it relates (for example: the manufacture of stage-2 CFCs; the export of a halon or the import of carbon tetrachloride).


(3B) 2 or more licences granted to the same person may be set out in the same document.


(3C) The Minister must not grant a licence (other than a restricted licence) to a person for the manufacture, import or export of a stage-2 CFC unless:
(a) at any time during the period commencing on 1 January 1989 and ending immediately before the commencement of this subsection, the person conducted an enterprise in the course of which stage-2 CFCs were manufactured, imported or exported; and
(b) the person applies for the licence within 6 months after the commencement of this subsection.


(3D) The Minister must not grant a licence to a person for the manufacture or import of carbon tetrachloride unless:
(a) at any time during the period commencing on 1 January 1989 and ending immediately before the commencement of this subsection, the person conducted an enterprise in the course of which:
(i) carbon tetrachloride was manufactured or imported; or
(ii) carbon tetrachloride was purchased from an Australian
manufacturer of carbon tetrachloride; and
(b) the person applies for the licence within 6 months after the commencement of this subsection.


(3E) The Minister must not grant a licence to a person for the manufacture, import or export of methyl chloroform unless:
(a) at any time during the period commencing on 1 January 1989 and ending immediately before the commencement of this subsection, the person conducted an enterprise in the course of which methyl chloroform was manufactured, imported or exported; and
(b) the person applies for the licence within 6 months after the commencement of this subsection.


(4) The Minister shall not grant a licence to a person unless the Minister is satisfied that the person is a fit and proper person to be granted a licence.


(5) Without limiting, by implication, the generality of the matters which the Minister may take into account in determining whether a person is a fit and proper person for the purposes of subsection (4), the Minister shall have regard to:
(a) any conviction of the person for an offence against this Act or the regulations committed within the 10 years immediately preceding the making of the application;
(b) any conviction of the person for an offence against a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of 6 months or longer, being an offence committed within the 10 years immediately preceding the making of the application;
(c) whether the person is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or has made an assignment of remuneration for their benefit;
(d) any statement by the person in the application that was false or misleading in a material particular; and
(e) where any statement by the person in the application was false or misleading in a material particular - whether the person knew that the statement was false or misleading.


(6) A reference in subsection (5) to a conviction for an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence.


(7) An application is refused by giving the applicant written notice of the refusal and of the reasons for the refusal.


(8) A licence that was in force immediately before the commencement of this subsection and which permitted the manufacture, import or export of stage-1 CFCs has effect, after the commencement of this subsection, as if it also permitted the manufacture, import or export, as the case may be, of stage-2 CFCs.


(9) A licence that was in force immediately before the commencement of this subsection is taken, after the commencement of this subsection, not to relate to carbon tetrachloride or methyl chloroform.


(10) A licence that was in force immediately before the commencement of this subsection is taken, after the commencement of this subsection, not to permit the export of a halon.

OZONE PROTECTION ACT 1989 - SECT 17
Deemed refusal of licence

SECT

17. (1) If, at the end of 60 days after an application for a licence is made, the Minister has neither granted a licence nor made a request under section 15, the Minister shall be regarded, for the purposes of section 66, as having refused the application on the last of the 60 days.


(2) If:
(a) the Minister makes a request under section 15; and
(b) at the end of 60 days after the request was made, the Minister has not granted a licence to the applicant;
the Minister shall be taken, for the purposes of section 66, to have refused the application on the last of the 60 days.

OZONE PROTECTION ACT 1989 - SECT 17A
Licence may be granted subject to conditions

SECT

17A. (1) A licence under section 16 may be granted subject to such conditions as are specified in the licence.


(2) Such a licence is in this Act called a "restricted licence".


(3) A restricted licence may relate to any activity mentioned in section 13.


(4) The Minister may, by written notice given to the holder of a restricted licence:
(a) impose one or more further conditions to which the licence is subject; or
(b) revoke or vary any condition:
(i) imposed under paragraph (a); or
(ii) specified in the licence.


(5) Without limiting the kinds of conditions to which a restricted licence may be subject, a restricted licence may be subject to conditions of the following kinds:
(a) conditions relating to the nature and quantity of particular scheduled substances that the holder may manufacture, import or export, as the case may be, during a quarter to which the licence relates;
(b) in the case of an export licence - conditions relating to the countries to which particular scheduled substances may be exported;
(c) in the case of an import licence - conditions relating to the countries from which particular scheduled substances may be imported;
(d) conditions prohibiting the person from doing anything that would otherwise be covered by the licence unless the person also holds another type of licence;
(e) conditions relating to the purpose or purposes for which particular scheduled substances may be manufactured, imported or exported, as the case may be;
(f) conditions requiring the licensee to give written reports to the Minister.


(6) A licensee who, without reasonable excuse, contravenes a condition of a restricted licence is guilty of an offence punishable on conviction by a fine not exceeding $50,000.

OZONE PROTECTION ACT 1989 - SECT 18
Duration of licence

SECT

18. (1) A licence (other than a restricted licence) remains in force for a period of 10 years.


(1A) A restricted licence remains in force for such period, not exceeding 10 years, as is specified in the licence.


(2) A licence granted before the beginning of the first CFC quota period applicable to stage-1 CFCs comes into force at the beginning of that quota period.


(3) A licence relating to stage-2 CFCs that is granted before the beginning of the first CFC quota period applicable to stage-2 CFCs comes into force at the beginning of that quota period.


(4) A licence relating to methyl chloroform that is granted before the beginning of the first methyl chloroform quota period comes into force at the beginning of that quota period.

OZONE PROTECTION ACT 1989 - SECT 18A
Termination of licence by regulation

SECT

18A. (1) For the purposes of giving effect to an adjustment or amendment of the Protocol, the regulations may provide that specified kinds of licences:
(a) are to cease to be in force on a date that is:
(i) specified in the regulations; and
(ii) later than 6 months after the regulations are made; and
(b) are not to be renewed after that date.


(2) Regulations made by virtue of subsection (1) in relation to an adjustment or amendment of the Protocol that has not entered into force for Australia must not specify a date earlier than the date on which the adjustment or amendment entered into force for Australia.

OZONE PROTECTION ACT 1989 - SECT 19
Renewal of licence

SECT

19. (1) A licensee may, at any time within the 6 months prior to the expiry of a licence, apply for renewal of the licence.


(2) The application shall:
(a) be in a form approved by the Minister; and
(b) be given to the Minister.


(3) The approved form of application may provide for verification of statements in an application by statutory declaration.


(4) The Minister may, within 60 days after an application has been made, give the applicant for renewal written notice requiring the applicant to give the Minister such further information relating to the application as is specified in the notice.


(5) The Minister shall not renew the licence unless the Minister is satisfied that the applicant is a fit and proper person to be a licensee.


(6) Without limiting, by implication, the generality of the matters which the Minister may take into account in determining whether a person is a fit and proper person for the purposes of subsection (5), the Minister shall have regard to the matters set out in subsection 16 (5) (as affected by subsection 16 (6)) as if the application for renewal were an application for a licence.


(7) An application for renewal of a licence is refused by giving the applicant written notice of the refusal and of the reasons for the refusal.


(8) If, at the end of 60 days after an application for a licence is made, the Minister has neither granted a licence nor made a request under subsection (4), the Minister shall be regarded, for the purposes of section 66, as having refused the application on the last of the 60 days.


(9) If:
(a) the Minister makes a request under subsection (4); and
(b) at the end of 60 days after the request was made, the Minister has not granted a licence to the applicant;
the Minister shall be taken, for the purposes of section 66, to have refused the application on the last of the 60 days.

OZONE PROTECTION ACT 1989 - SECT 20
Cancellation of licence

SECT

20.
(1) The Minister may cancel a licence if:
(a) in any case - the Minister is satisfied that the licensee is no longer a fit and proper person to hold a licence; or
(b) in the case of a restricted licence - there has been a contravention of any of the conditions to which it is subject.


(2) Without limiting, by implication, the generality of the matters which the Minister may take into account in determining whether a person is a fit and proper person for the purposes of subsection (1), the Minister shall have regard to:
(a) any conviction of the person for an offence against this Act or the regulations committed within the immediately preceding 10 years;
(b) any conviction of the person for an offence against a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of 6 months or longer, being an offence committed within the immediately preceding 10 years;
(c) whether the person is bankrupt, has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or has made an assignment of remuneration for their benefit;
(d) any statement by the person, in an application under this Act, that was false or misleading in a material particular; and
(e) where any statement by the person in such an application was false or misleading in a material particular - whether the person knew that the statement was false or misleading.


(3) A reference in subsection (2) to a conviction for an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the offence.


(4) The Minister shall cancel a licence by giving to the licensee a written notice stating that the licence has been cancelled and setting out the reasons for the cancellation.


(5) The cancellation of a licence takes effect 60 days after the notice is given to the licensee under subsection (4).

OZONE PROTECTION ACT 1989 - SECT 21
Surrender of licence

SECT

21. (1) A licensee may, at any time, surrender a licence by:
(a) returning the licence to the Minister; and
(b) giving the Minister written notice that the licence is surrendered.


(2) The surrender of a licence takes effect (unless the licence is sooner cancelled):
(a) if a date of effect is stated in the notice of surrender, at the end of that day; or
(b) in any other case, on the day on which the notice is given.

OZONE PROTECTION ACT 1989 - SECT 22
Publication of information regarding licences etc.

SECT

22. The regulations may make provision for the periodic publication of details of:
(a) licences granted;
(b) applications for licences refused; and
(c) licences cancelled or surrendered.

OZONE PROTECTION ACT 1989 - PART IV
PART IV - QUOTAS

OZONE PROTECTION ACT 1989 - SECT 22A
Quota system does not apply to manufacture, import or export covered by
restricted licence

SECT

22A. This Part does not apply to the manufacture, import or export of scheduled substances if the manufacture, import or export, as the case may be, is permitted under a restricted licence.

OZONE PROTECTION ACT 1989 - SECT 22B
Quota system does not apply to export of CFCs for use on board ships or
aircraft

SECT

22B. This Part does not apply to the export of a CFC if all of the following conditions are satisfied:
(a) the CFC is on board a ship or aircraft;
(b) the ship or aircraft has air conditioning or refrigeration equipment;
(c) the CFC is exclusively for use in meeting the reasonable servicing requirements of that equipment during, or in connection with, one or more periods when the ship or aircraft is or will be engaged in a journey between:
(i) a place in Australia and a place outside Australia; or
(ii) 2 places outside Australia.

OZONE PROTECTION ACT 1989 - SECT 22C
Meaning of type of CFCs

SECT

22C. For the purposes of this Part, the only types of CFC are as follows:
(a) stage-1 CFCs are one type of CFCs;
(b) stage-2 CFCs are the other type of CFCs.

OZONE PROTECTION ACT 1989 - SECT 23
Manufacture in excess of quota

SECT

23. (1) A licensee shall not manufacture a particular type of CFC in a CFC quota period applicable to that type of CFC unless:
(a) the licensee is the holder of a quota permitting the manufacture of that type of CFCs in the quota period; and
(b) the quantity of the type of CFC manufactured, together with all other quantities of that type of CFCs manufactured by the licensee in the quota period, does not exceed the quota held by the licensee for the manufacture of that type of CFCs in the quota period.
Penalty: $50,000.


(2) A licensee shall not manufacture a halon in a halon quota period unless:
(a) the licensee is the holder of a quota permitting the manufacture of halons in the quota period; and
(b) the quantity of the halon manufactured, together with all other quantities of halons manufactured by the licensee in the quota period, does not exceed the quota held by the licensee for the manufacture of halons in the quota period.
Penalty: $50,000.


(3) A licensee must not manufacture methyl chloroform in a methyl chloroform quota period unless:
(a) the licensee is the holder of a quota permitting the manufacture of methyl chloroform in the quota period; and
(b) the quantity of the methyl chloroform manufactured, together with all other quantities of methyl chloroform manufactured by the licensee in the quota period, does not exceed the quota held by the licensee for the manufacture of methyl chloroform in the quota period.
Penalty: $50,000.

OZONE PROTECTION ACT 1989 - SECT 24
Import in excess of quota

SECT

24. (1) A licensee shall not import a particular type of CFC in a CFC quota period applicable to that type of CFC unless:
(a) the licensee is the holder of a quota permitting the importation of that type of CFCs in the quota period; and
(b) the quantity of the type of CFC imported, together with all other quantities of that type of CFCs imported by the licensee in the quota period, does not exceed the quota held by the licensee for the importation of that type of CFCs in the quota period.
Penalty: $50,000.


(2) A licensee shall not import a halon in a halon quota period unless:
(a) the licensee is the holder of a quota permitting the importation of halons in the quota period; and
(b) the quantity of the halon imported, together with all other quantities of halons imported by the licensee in the quota period, does not exceed the quota held by the licensee for the importation of halons in the quota period.
Penalty: $50,000.


(3) A licensee must not import methyl chloroform in a methyl chloroform quota period unless:
(a) the licensee is the holder of a quota permitting the importation of methyl chloroform in the quota period; and
(b) the quantity of the methyl chloroform imported, together with all other quantities of methyl chloroform imported by the licensee in the quota period, does not exceed the quota held by the licensee for the importation of methyl chloroform in the quota period.
Penalty: $50,000.

OZONE PROTECTION ACT 1989 - SECT 25
Export of stage-1 CFCs in excess of quota

SECT

25. A licensee shall not export a stage-1 CFC in a CFC quota period applicable to stage-1 CFCs unless:
(a) the licensee is the holder of a quota permitting the export of stage-1 CFCs in the quota period; and
(b) the quantity of the stage-1 CFC exported, together with all other quantities of stage-1 CFCs exported by the licensee in the quota period, does not exceed the quota held by the licensee for the export of stage-1 CFCs in the quota period.
Penalty: $50,000.

OZONE PROTECTION ACT 1989 - SECT 26
Nature of quotas

SECT

26. (1) A CFC quota may be allocated in respect of one or more of the following:
(a) manufacture of CFCs of a particular type;
(b) import of CFCs of a particular type;
(c) export of stage-1 CFCs.


(2) The size of a CFC quota is the quantity of CFCs of a particular type that the holder may manufacture, import or export, as the case may be, during a quota period to which the quota relates.


(3) A halon quota may be allocated in respect of one or both of the following:
(a) manufacture of halons;
(b) import of halons.


(4) The size of a halon quota is the quantity of halons that the holder may manufacture or import, as the case may be, during a quota period to which the quota relates.


(5) A methyl chloroform quota may be allocated in respect of one or both of the following:
(a) manufacture of methyl chloroform;
(b) import of methyl chloroform.


(6) The size of a methyl chloroform quota is the quantity of methyl chloroform that the holder may manufacture or import, as the case may be, during a quota period to which the quota relates.

OZONE PROTECTION ACT 1989 - SECT 27
Application for quota

SECT

27. (1) An application for a quota shall:
(a) be in the prescribed form; and
(b) be given to the Minister.


(2) The prescribed form of application may provide for verification of statements in an application by statutory declaration.


(3) An application for a quota may only be made by a licensee.


(4) An application for a CFC quota relating to a particular type of CFC, an application for a halon quota and an application for a methyl chloroform quota must be made separately.

OZONE PROTECTION ACT 1989 - SECT 28
Allocation of quota

SECT

28. (1) If, on an application for quota having been made, the Minister is satisfied that:
(a) the applicant was, immediately before the relevant commencing time, conducting an enterprise in the course of which scheduled substances were manufactured in Australia, imported or exported; or
(b) the application is made in respect of an activity that is essential for purposes connected with Australia's defence;
the Minister shall allocate a quota to the applicant.


(2) A quota is allocated by written notice given to the applicant.


(3) The notice shall specify, as the terms of the quota:
(a) whether the quota is a CFC quota, a halon quota or a methyl chloroform quota;
(aa) if the quota is a CFC quota allocated after the commencement of this paragraph - the type of CFCs to which the quota relates;
(b) the quota activities to which it relates;
(c) the size of the quota in respect of each of those activities, expressed in accordance with subsection 26 (2), (4) or (6), as the case requires; and
(d) the quota period in relation to which the quota is allocated.


(4) The notice shall not specify, under paragraph (3) (b), a quota activity unless:
(a) the applicant was, immediately before the relevant commencing time, conducting an enterprise in the course of which the activity was being engaged in; or
(b) the activity is essential for purposes connected with Australia's defence.


(5) The size of the quota to be specified in the notice in respect of a quota activity shall be ascertained:
(a) if the activity is not the export of stage-1 CFCs - in accordance with section 29; or
(b) if the activity is the export of stage-1 CFCs - in accordance with section 30.


(6) An application for a quota is refused by giving the applicant written notice of the refusal and of the reasons for the refusal.


(7) A CFC quota allocated or renewed before the commencement of this subsection is taken, after the commencement of this subsection, not to relate to stage-2 CFCs.


(8) In this section:
"relevant commencing time" means:
(a) in relation to stage-1 CFCs or halons - the beginning of 16 March 1989; or
(b) in relation to stage-2 CFCs or methyl chloroform - the commencement of the Ozone Protection Amendment Act 1992.

OZONE PROTECTION ACT 1989 - SECT 29
Ascertainment of size of quota - initial allocation in respect of
manufacture or import

SECT

29. (1) The size of quotas in respect of the manufacture or import of CFCs of a particular type during the first CFC quota period applicable to CFCs of that type shall be ascertained under this section in such manner that the total quantity of CFCs of that type represented by the quotas does not exceed the total quantity of CFCs of that type manufactured in Australia or imported, as the case may be, during the base year, being the total quantity specified in respect of such manufacture or import, as the case may be, in the report published under subsection 46 (2) or 46A (2), as the case requires.


(2) The size of quotas in respect of the manufacture or import of halons during the first halon quota period shall be ascertained under this section in such manner that the total quantity of halons represented by the quotas does not exceed the total quantity of halons manufactured in Australia or imported into Australia, as the case may be, during the base year, being the total quantity specified in respect of such manufacture or import, as the case may be, in the report published under subsection 46 (2).


(2A) The size of quotas in respect of the manufacture or import of methyl chloroform during the first methyl chloroform quota period is to be worked out under this section in such manner that the total quantity of methyl chloroform represented by the quotas does not exceed the total quantity of methyl chloroform manufactured in Australia or imported, as the case may be, during the base year, being the total quantity specified in respect of such manufacture or import, as the case may be, in the report published under subsection 46A (2).


(3) Subject to subsection (10) (which deals with general reductions), the size of a quota allocated under section 28 to an applicant shall, in respect of a particular quota activity proposed to be engaged in by the applicant, be ascertained by adding together as many of the following components as are applicable in relation to the activity:
(a) the defence purposes component;
(b) the base year component;
(c) the discretionary component.


(4) The defence purposes component in relation to the quota activity is the quantity of CFCs of a particular type, halons or methyl chloroform, as the case may be, that the Minister is satisfied must be manufactured or imported, as the case may be, during the quota period concerned in order for the applicant to engage in that activity to the extent that it is essential for purposes connected with Australia's defence.


(5) Subject to subsection (6), the base year component in relation to the quota activity is the quantity of CFCs of a particular type, halons or methyl chloroform, as the case may be, that the Minister is satisfied was manufactured or imported, as the case may be, in the conduct of an enterprise during the base year, being an enterprise that was, immediately before the relevant commencing time, being conducted by the applicant.


(6) The quantity that would, but for this subsection, be the base year component in relation to the quota activity shall be taken to be reduced if the Minister is satisfied that, having regard to the defence purposes components (if any) in relation to the activity, ascertaining the base year components in relation to the activity in accordance with subsection (5) could result in Australia contravening its international obligations in relation to the manufacture, importation or consumption of scheduled substances.


(7) The base year components in relation to a quota activity may only be reduced in such a manner that each base year component in relation to the activity is, so far as is reasonably practicable, reduced by an equal proportion according to its size.


(8) Subject to subsections (1), (2) and (2A), the discretionary component in relation to the quota activity is the quantity of CFCs of a particular type, halons or methyl chloroform, as the case may be, that the Minister is satisfied the applicant should be permitted to manufacture or import, as the case may be, in addition to any quantity the applicant is permitted to manufacture or import because of subsections (4) and (5).


(9) In deciding whether there should be a discretionary component, or the size of any discretionary component, the Minister shall have regard to:
(a) the extent to which the applicant has engaged in the quota activity between the end of the base year and the relevant commencing time; and
(b) such other matters as the Minister thinks fit.


(10) The Minister may reduce the size of a quota mentioned in subsection (3) where the quota relates to stage-2 CFCs or methyl chloroform.


(11) The Minister, in exercising the powers conferred by subsection (10):
(a) must have regard to:
(i) Australia's international obligations in relation to the
manufacture, importation or consumption of scheduled substances; and
(ii) the policies of the Commonwealth Government in relation to the
manufacture, importation or consumption of scheduled substances; and
(b) may have regard to such other matters (if any) as the Minister considers relevant.


(12) In this section:
"relevant commencing time" means:
(a) in relation to a stage-1 CFC or a halon - the beginning of 16 March 1989; or
(b) in relation to a stage-2 CFC or methyl chloroform - the commencement of the Ozone Protection Amendment Act 1992.

OZONE PROTECTION ACT 1989 - SECT 30
Ascertainment of size of quota - initial allocation in respect of export
of stage-1 CFCs

SECT

30. (1) The size of quotas in respect of the export of stage-1 CFCs during the first CFC quota period applicable to stage-1 CFCs shall be ascertained under this section in such manner that the total quantity of stage-1 CFCs represented by the quotas does not permit the export of a total quantity of stage-1 CFCs having an ozone depleting effect exceeding 3,800,000.


(2) The size of a quota allocated under section 28 to an applicant in respect of the export of stage-1 CFCs shall be ascertained by adding together the base year component (if any) in relation to the export of stage-1 CFCs and the discretionary component (if any) in relation to the export of stage-1 CFCs.


(3) The base year component in relation to the export of stage-1 CFCs is the quantity of stage-1 CFCs that the Minister is satisfied was exported in the conduct of an enterprise during the base year, being an enterprise that was, immediately before the commencement of this Act, being conducted by the applicant.


(4) Subject to subsection (1), the discretionary component in relation to the export of stage-1 CFCs is the quantity of stage-1 CFCs that the Minister is satisfied the applicant should be permitted to export in addition to any quantity the applicant is permitted to export because of subsection (3).


(5) In deciding whether there should be a discretionary component, or the size of any discretionary component, the Minister shall have regard to:
(a) the extent to which the applicant has engaged in the export of stage-1 CFCs between the end of the base year and the commencement of this Act; and
(b) such other matters as the Minister thinks fit.

OZONE PROTECTION ACT 1989 - SECT 31
Renewal of quota

SECT

31. (1) A licensee who is the holder of a quota may, not less than one month and not more than 3 months before the end of the quota period to which the quota relates, apply to the Minister for renewal of the quota in relation to the next quota period.


(2) The application shall:
(a) be in the prescribed form; and
(b) be given to the Minister.


(3) The prescribed form of application may provide for verification of statements in an application by statutory declaration.


(4) An application for renewal of a CFC quota of a particular type, an application for renewal of a halon quota and an application for renewal of a methyl chloroform quota must be made separately.


(5) If, on an application for renewal of a quota having been made, the Minister is satisfied that:
(a) the applicant is, at the time of making the application, the holder of a quota; and
(b) to renew the quota would not be inconsistent with Australia's international obligations in relation to the manufacture, importation or consumption of scheduled substances; and
(c) the size of the current quota held by the applicant exceeds nil;
the Minister shall renew the quota.


(6) A quota is renewed by written notice given to the applicant.


(7) The notice shall specify, as the terms of the quota:
(a) whether the quota is a CFC quota, a halon quota or a methyl chloroform quota;
(aa) if the quota is a CFC quota renewed after the commencement of this paragraph - the type of CFCs to which the quota relates;
(b) the quota activities to which it relates;
(c) the size of the quota in respect of each of those activities, expressed in accordance with subsection 26 (2), (4) or (6), as the case requires; and
(d) the quota period in relation to which the quota is renewed.


(8) The notice shall not specify, under paragraph (7) (b), a quota activity unless:
(a) the applicant is permitted to engage in the activity under the quota during the current quota period; or
(b) engaging in the activity is essential for purposes connected with Australia's defence.


(9) The size of the quota to be specified in the notice in respect of a quota activity shall be ascertained:
(a) if the activity is not the export of stage-1 CFCs - in accordance with section 32; or
(b) if the activity is the export of stage-1 CFCs - in accordance with section 33.


(10) An application for renewal of a quota is refused by giving the applicant written notice of the refusal and of the reasons for the refusal.

OZONE PROTECTION ACT 1989 - SECT 32
Ascertainment of size of quota on renewal

SECT

32. (1) Subject to subsection (7) (which deals with general reductions and increases), the size of a quota as renewed under section 31 shall, in respect of a particular quota activity proposed to be engaged in by the applicant for the renewal, be ascertained by adding together the defence purposes component (if any) in relation to the activity and the previous quota component (if any) in relation to the activity.


(2) The defence purposes component in relation to the quota activity is the quantity of CFCs of a particular type, halons or methyl chloroform, as the case may be, that the Minister is satisfied must be manufactured or imported, as the case may be, during the quota period in relation to which the quota is renewed in order for the applicant to engage in that activity to the extent that it is essential for purposes connected with Australia's defence.


(3) Subject to subsections (4) and (5), the previous quota component in relation to the quota activity is the quantity of CFCs of a particular type, halons or methyl chloroform, as the case may be, that the applicant is permitted under the quota to manufacture or import, as the case may be, in the course of engaging in the activity during the quota period prior to the quota period in relation to which the quota is renewed.


(4) For the purposes of subsection (3), quota activity, engaged in during the previous quota period, that is attributable to a defence purposes component in relation to the activity shall be disregarded.


(5) The quantity that would, but for this subsection, be the previous quota component in relation to the quota activity shall be taken to be reduced if the Minister is satisfied that ascertaining previous quota components in relation to the activity in accordance with subsection (3) could result in Australia contravening its international obligations in relation to the manufacture, importation or consumption of scheduled substances.


(6) Previous quota components in relation to a quota activity may only be reduced in such a manner that each previous quota component in relation to the activity is, so far as is reasonably practicable, reduced by an equal proportion according to its size.


(7) The Minister may reduce or increase the size of a quota mentioned in subsection (1).


(8) The Minister, in exercising the powers conferred by subsection (7):
(a) must have regard to:
(i) Australia's international obligations in relation to the
manufacture, importation or consumption of scheduled substances; and
(ii) the policies of the Commonwealth Government in relation to the
manufacture, importation or consumption of scheduled substances; and
(b) may have regard to:
(i) the likely effect of the size of the quota on Australian demand
for individual scheduled substances (insofar as that likely effect is not covered by subparagraph (a) (i) or (ii)); and
(ii) such other matters (if any) as the Minister considers relevant.

OZONE PROTECTION ACT 1989 - SECT 33
Ascertainment of size of quota in respect of export of stage-1 CFCs on
renewal

SECT

33. (1) Subject to subsection (2) (which deals with general reductions and increases), the size of the quota as renewed under section 31 shall, in respect of the export of stage-1 CFCs proposed to be engaged in by the applicant for the renewal, be ascertained by reducing by 5% the quantity of stage-1 CFCs that the applicant was permitted to export under the quota concerned during the quota period prior to the quota period in respect of which the application for renewal is made.


(2) The Minister may reduce or increase the size of a quota mentioned in subsection (1).


(3) The Minister, in exercising the powers conferred by subsection (2):
(a) must have regard to:
(i) Australia's international obligations in relation to the export
or consumption of scheduled substances; and
(ii) the policies of the Commonwealth Government in relation to the
export or consumption of scheduled substances; and
(b) may have regard to such other matters (if any) as the Minister considers relevant.

OZONE PROTECTION ACT 1989 - SECT 34
Variation of quota

SECT

34. (1) A licensee who is the holder of a quota may apply to the Minister for variation of the terms of the quota.


(2) The application shall:
(a) be in the prescribed form; and
(b) be given to the Minister.


(3) If, on the application being made, the Minister is satisfied that it is consistent with the objects of this Act and with Australia's international obligations in relation to the manufacture, importation and consumption of scheduled substances, the Minister may, by notice in writing, vary the terms of the quota (other than the term specifying a quota period) in the manner set out in the notice.


(4) The variation takes effect from the day specified in the notice for the purpose.


(5) An application for variation of a quota is refused by giving the applicant written notice of the refusal and of the reasons for the refusal.

OZONE PROTECTION ACT 1989 - SECT 35
Quota transferable

SECT

35. (1) A quota or part of a quota may be transferred by the holder to another licensee.


(2) A transfer may be made with or without consideration.


(3) A licensee who transfers a quota or part of a quota shall, within 14 days after the transfer, give the Minister written notice of:
(a) the name and address of the transferee;
(b) the quota activities to which the transfer relates; and
(c) in respect of each of those activities, the proportion of quota transferred.


(4) On notice being so given, the transferee shall be taken to be the holder of the quota or the part of the quota specified in the transfer, and, in the case of a transfer of part of a quota, the quota held previously shall be taken to have been varied accordingly.


(5) The holder of a quota shall not, during a quota period, transfer a part of the quota that, in relation to a quota activity permitted under the quota, is larger than the part of the quota that, in relation to that activity, remains unused during the quota period.

OZONE PROTECTION ACT 1989 - SECT 36
Publishing of quota levels

SECT

36. (1) Within one month after the beginning of each CFC quota period, the Minister shall cause to be published in the Gazette a notice setting out:
(a) the total quantity of CFCs permitted to be manufactured under CFC quotas during the period;
(b) the total quantity of those CFCs permitted to be manufactured under CFC quotas during the period as part of an activity that is essential for purposes connected with Australia's defence;
(c) the total quantity of CFCs permitted to be imported under CFC quotas during the period;
(d) the total quantity of those CFCs permitted to be imported under CFC quotas during the period as part of an activity that is essential for purposes connected with Australia's defence; and
(e) the total quantity of CFCs permitted to be exported under CFC quotas during the period.


(2) Within one month after the beginning of each halon quota period, the Minister shall cause to be published in the Gazette a notice setting out:
(a) the total quantity of halons permitted to be manufactured under halon quotas during the period;
(b) the total quantity of those halons permitted to be manufactured under halon quotas during the period as part of an activity that is essential for purposes connected with Australia's defence;
(c) the total quantity of halons permitted to be imported under halon quota during the period; and
(d) the total quantity of those halons permitted to be imported under halon quotas during the period as part of an activity that is essential for purposes connected with Australia's defence.


(3) Within one month after the beginning of each methyl chloroform quota period, the Minister must cause to be published in the Gazette a notice setting out:
(a) the total quantity of methyl chloroform permitted to be manufactured under methyl chloroform quotas during the period; and
(b) the total quantity of methyl chloroform permitted to be manufactured under methyl chloroform quotas during the period as part of an activity that is essential for purposes connected with Australia's defence; and
(c) the total quantity of methyl chloroform permitted to be imported under methyl chloroform quotas during the period; and
(d) the total quantity of methyl chloroform permitted to be imported under methyl chloroform quotas during the period as part of an activity that is essential for purposes connected with Australia's defence.

OZONE PROTECTION ACT 1989 - PART V
PART V - CONTROL OF MANUFACTURE ETC. OF PRODUCTS
CONTAINING OR USING SCHEDULED SUBSTANCES

OZONE PROTECTION ACT 1989 - SECT 37
Persons to whom this Part applies, activities to which this Part applies

SECT

37. (1) A person is a person to whom this Part applies if the person is:
(a) a foreign corporation within the meaning of paragraph 51 (xx) of the Constitution;
(b) a trading corporation (within the meaning of that paragraph) formed within the limits of Australia;
(c) a financial corporation (within the meaning of that paragraph) so formed, including a body corporate that carries on as its sole or principal business the business of banking (other than State banking not extending beyond the limits of the State concerned) or insurance (other than State insurance not extending beyond the limits of the State concerned); or
(d) a body corporate incorporated in a Territory other than the Northern Territory.


(2) The following activities are activities to which this Part applies:
(a) trade or commerce between Australia and places outside Australia;
(b) trade or commerce among the States;
(c) trade or commerce within a Territory other than the Northern Territory, between a State and a Territory or between 2 Territories;
(d) the supply of goods or services to the Commonwealth;
(e) the use of postal, telegraphic or telephonic services;
(f) the making of a radio or television broadcast.

OZONE PROTECTION ACT 1989 - SECT 38
Manufacture and import of products in contravention of Schedule 4

SECT

38. (1) A person to whom this Part applies shall not manufacture or import a product that contains scheduled substances, or uses scheduled substances in its operation, in contravention of a provision of Schedule 4.
Penalty: $5,000.


(2) A person shall not, in the course of engaging in an activity to which this Part applies, manufacture or import a product that contains scheduled substances, or uses scheduled substances in its operation, in contravention of a provision of Schedule 4.
Penalty: $5,000.


(3) Schedule 4 shall not be read as imposing obligations on a person who is not a person to whom this Part applies except to the extent that the person is engaging in an activity to which this Part applies.

OZONE PROTECTION ACT 1989 - SECT 39
Regulations concerning manufacture etc. of scheduled substances

SECT

39. (1) The regulations may include provisions prohibiting or regulating the manufacture, import, export, distribution or use by persons to whom this Part applies, or by persons engaging in activities to which this Part applies, of products that contain scheduled substances or depend on such substances for their operation.


(2) The provisions that may be made by the regulations include, but are not limited to, provisions:
(a) prohibiting the manufacture, import, export, distribution or use of particular kinds of products;
(b) prohibiting the manufacture, import, export, distribution or use of particular kinds of products except in accordance with prescribed requirements;
(c) prohibiting the manufacture or import of products by a person who has not complied with a code of practice relating to the recovery, recycling or disposal of scheduled substances used in products manufactured or imported by that person; or
(d) prohibiting the distribution by a corporation of products that are not labelled or marked in accordance with the regulations.

OZONE PROTECTION ACT 1989 - SECT 40
Exemptions

SECT

40. (1) A person may apply to the Minister for an exemption from compliance with an obligation imposed by Schedule 4, or by regulations made for the purposes of section 39, in relation to a product, being an obligation in respect of which an exemption granted under this section would exempt a person from compliance.


(2) An application shall be in the prescribed form.


(3) The Minister may grant to the applicant an exemption from compliance with an obligation imposed by Schedule 4, or by regulations made under section 39, in relation to a product if the Minister is satisfied:
(a) that:
(i) the product is essential for medical, veterinary, defence,
industrial safety or public safety purposes; and
(ii) no practical alternative exists to the use of scheduled
substances in the operation or manufacture, as the case requires, of the product if it is to continue to be effective for such a purpose;
(b) that, because of the requirements of a law concerning the manufacture or use of the product, there is no practical alternative to the use of scheduled substances in the operation or manufacture, as the case requires, of the product; or
(c) the product is for use in conjunction with the calibration of scientific, measuring or safety equipment.


(4) An application for an exemption from compliance with an obligation referred to in subsection (1) may be made, and such an exemption may be granted, before, on or after the day on which the obligation (but for any exemption granted under this section) takes effect.


(5) The grant of an exemption shall be by notice in writing given to the applicant.


(6) The notice shall specify the period during which the exemption is to remain in force.


(6A) An exemption may be granted subject to such conditions as are specified in the notice.


(7) The Minister shall:
(a) cause a copy of the notice to be published in the Gazette as soon as practicable after it is given to the applicant; and
(b) cause a copy of the notice to be laid before each House of the Parliament within 15 sitting days of that House after the day on which a copy of the notice is so published.


(8) An application for an exemption is refused by giving to the applicant written notice of the refusal and of the reasons for the refusal.


(9) The Minister may, by written notice given to the holder of an exemption, cancel the exemption if there has been a contravention of any of the conditions to which it is subject.


(10) It is not an offence to contravene a condition to which an exemption is subject.

OZONE PROTECTION ACT 1989 - PART VI
PART VI - CONTROL OF IMPORTS AND EXPORTS

OZONE PROTECTION ACT 1989 - SECT 41
Protocol countries

SECT

41. (1) For the purposes of this Part, a country is a non-Protocol country if the country is not a party to the Protocol.


(2) The regulations may specify all the countries that are parties to the Protocol.


(3) A country specified under subsection (2) shall be taken, for the purposes of this Part, to be a party to the Protocol.


(4) The regulations may also specify countries that, although not parties to the Protocol, are to be taken, for the purposes of this Part, other than section 43, to be parties to the Protocol.


(5) A country specified under subsection (4) shall be taken, for the purposes of this Part, other than section 43, to be a party to the Protocol.


(6) Regulations made for the purposes of subsection (4) shall not specify a country if to specify that country would be inconsistent with Australia's obligations in relation to the import of:
(a) scheduled substances;
(b) products containing scheduled substances; and
(c) products manufactured using scheduled substances;
from countries that are not parties to the Protocol.


(7) The mere fact that a country is not specified in regulations made for the purposes of subsection (2) or (4) shall not be taken to mean that, for the purposes of this Part, the country is not a party to the Protocol.


(8) The regulations may specify countries that, although parties to the Protocol, are taken, for the purposes of this Part, not to be parties to the Protocol.

OZONE PROTECTION ACT 1989 - SECT 42
Import of scheduled substances from non-Protocol countries

SECT

42. (1) On and after the implementation day for this subsection, a person shall not import a stage-1 scheduled substance from a non-Protocol country.
Penalty: $10,000.


(2) The implementation day for subsection (1) is:
(a) if the Protocol enters into force on 1 January 1989 - 1 January 1990; or
(b) in any other case - a later day fixed by the Minister, being a day occurring not earlier than one year after the entry into force of the Protocol.


(3) The fixing of a day under subsection (2) shall be by notice published in the Gazette.


(4) On and after the first anniversary of the commencement of this subsection, a person must not import a stage-2 scheduled substance from a non-Protocol country.
Penalty: $10,000.

OZONE PROTECTION ACT 1989 - SECT 43
Export of scheduled substances to non-Protocol countries

SECT

43. (1) On and after 1 January 1993, a person shall not export a stage-1 scheduled substance to a non-Protocol country.
Penalty: $10,000.


(2) On and after the first anniversary of the commencement of this subsection, a person must not export a stage-2 scheduled substance to a non-Protocol country.
Penalty: $10,000.

OZONE PROTECTION ACT 1989 - SECT 44
Import of products containing scheduled substances from non-Protocol
countries

SECT

44. (1) On and after the implementation day for this subsection, a person shall not import from a non-Protocol country a product containing a stage-1 scheduled substance.
Penalty: $10,000.


(2) The implementation day for subsection (1) is the day fixed by the Minister as the day on which, in order for Australia to comply with its international obligations under paragraph 3 of Article 4 of the Protocol, the prohibition in subsection (1) must take effect.


(3) Subsection (1) applies to a product declared by the Minister to be a product to which subsection (1) applies, being a product listed in the annex referred to in paragraph 3 of Article 4 of the Protocol.


(4) The fixing of a day under subsection (2) or the declaration of a product under subsection (3) shall be by notice published in the Gazette.


(5) On and after the 3rd anniversary of the commencement of this subsection, a person must not import from a non-Protocol country a product containing a stage-2 scheduled substance.
Penalty: $10,000.


(6) Subsection (5) applies to a product declared by the Minister to be a product to which subsection (5) applies, being a product listed in the annex referred to in paragraph 3 bis of Article 4 of the Protocol.


(7) The declaration of a product under subsection (6) is to be by notice published in the Gazette.

OZONE PROTECTION ACT 1989 - SECT 45
Import of products manufactured using scheduled substances from
non-Protocol countries

SECT

45. (1) On and after the implementation day for this subsection, a person shall not import from a non-Protocol country a product in the manufacture of which a stage-1 scheduled substance was used.
Penalty: $10,000.


(2) The implementation day for subsection (1) is the day fixed by the Minister as the day on which, in order for Australia to comply with its international obligations under paragraph 4 of Article 4 of the Protocol, the prohibition in subsection (1) must take effect.


(3) Subsection (1) applies to a product declared by the Minister to be a product to which subsection (1) applies, being a product listed in the annex referred to in paragraph 4 of Article 4 of the Protocol.


(3A) On and after the 5th anniversary of the commencement of this subsection, a person must not import from a non-Protocol country a product in the manufacture of which a stage-2 scheduled substance was used.
Penalty: $10,000.


(3B) Subsection (3A) applies to a product declared by the Minister to be a product to which subsection (3A) applies, being a product listed in the annex referred to in paragraph 4 bis of Article 4 of the Protocol.


(4) Subsections (1) and (3A) do not apply to an importation of a product, of a kind referred to in subsection (3) or (3B), as the case requires, in accordance with conditions determined by the Minister as the conditions under which importation of the product will be permitted.


(5) The Minister shall not determine conditions that are inconsistent with Australia's international obligations under paragraph 4 of Article 4 of the Protocol.


(6) The fixing of a day under subsection (2), the declaration of a product under subsection (3) or (3B) or the determination of conditions under subsection (4) shall be by notice published in the Gazette.


(7) A notice determining conditions under subsection (4) is a disallowable instrument within the meaning of section 46A of the Acts Interpretation Act 1901.


(8) Section 48 of the Acts Interpretation Act 1901 applies to a notice under subsection (4) as if paragraph (1) (b) of section 48 were omitted and the following paragraph substituted:
"(b) subject to this section, shall take effect on the first day on which the notice is no longer liable to be disallowed, or to be deemed to be disallowed, under this section; and".

OZONE PROTECTION ACT 1989 - PART VII
PART VII - REPORTS AND RECORDS

OZONE PROTECTION ACT 1989 - SECT 46
Initial report on base year activity - stage-1 scheduled substances

SECT

46. (1) Each person who, during the base year, manufactured in Australia or imported any stage-1 scheduled substance shall, within one month of the commencement of this Act, give the Minister a written report:
(a) stating which of the following activities the person engaged in during the base year:
(i) the manufacture of stage-1 CFCs;
(ii) the import of stage-1 CFCs;
(iii) the manufacture of halons;
(iv) the import of halons; and
(b) in respect of each activity so engaged in, the quantity of stage-1 CFCs or halons, as the case may be, that the person manufactured or imported, as the case may be, during the base year.
Penalty: $10,000.


(2) Within 2 months after the commencement of this Act, the Minister shall publish in the Gazette a notice that, using the information given under subsection (1) and any other relevant information available to the Minister, specifies, in respect of each activity referred to in paragraph (1) (a), the total quantity of stage-1 CFCs or halons, as the case may be, that was manufactured in Australia or imported during the base year in the course of that activity.

OZONE PROTECTION ACT 1989 - SECT 46A
Initial report on base year activity - stage-2 scheduled substances and
transitional substances

SECT

46A. (1) Each person who, during the base year, manufactured, imported or exported any stage-2 scheduled substance or any transitional substance must, within one month after the commencement of this section, give the Minister a written report:
(a) stating which of the following activities the person engaged in during the base year:
(i) the manufacture of stage-2 CFCs;
(ii) the import of stage-2 CFCs;
(iii) the export of stage-2 CFCs;
(iv) the destruction of stage-2 CFCs;
(v) the manufacture of carbon tetrachloride;
(vi) the import of carbon tetrachloride;
(vii) the export of carbon tetrachloride;
(viii) the destruction of carbon tetrachloride;
(ix) the manufacture of methyl chloroform;
(x) the import of methyl chloroform;
(xi) the export of methyl chloroform;
(xii) the destruction of methyl chloroform;
(xiii) the manufacture of transitional substances;
(xiv) the import of transitional substances;
(xv) the export of transitional substances;
(xvi) the destruction of transitional substances; and
(b) in respect of each activity so engaged in, stating the quantity of stage-2 CFCs, carbon tetrachloride, methyl chloroform or transitional substances, as the case may be, that the person manufactured, imported, exported or destroyed, as the case may be, during the base year.
Penalty:
(c) if the offence relates solely to one or more transitional substances - $5,000; or
(d) in any other case - $10,000.


(2) Within 2 months after the commencement of this section, the Minister must publish in the Gazette a notice that, using the information given under subsection (1) and any other relevant information available to the Minister, specifies, in respect of each activity mentioned in paragraph (1) (a), the total quantity of stage-2 CFCs, carbon tetrachloride, methyl chloroform or transitional substances, as the case may be, that was manufactured, imported, exported or destroyed during the base year in the course of that activity.

OZONE PROTECTION ACT 1989 - SECT 47
Quarterly reports by manufacturers, importers or exporters of scheduled
substances

SECT

47. (1) Each person who, during a quarter, manufactured, imported or exported a scheduled substance must give to the Minister a written report specifying:
(a) both:
(i) the quantity of CFCs manufactured by the person during the
quarter; and
(ii) the quantity of CFCs manufactured by the person during the
quarter for use as feedstock; and
(b) each of the following:
(i) the quantity of CFCs imported by the person during the quarter;
(ii) the quantity of CFCs imported by the person during the quarter,
broken down by country of origin;
(iii) the quantity of CFCs imported by the person during the quarter
for use as feedstock; and
(c) both:
(i) the quantity of CFCs exported by the person during the quarter;
and
(ii) the quantity of CFCs exported by the person during the quarter,
broken down by country of destination; and
(d) the quantity of CFCs destroyed by the person during the quarter; and
(e) both:
(i) the quantity of halons manufactured by the person during the
quarter; and
(ii) the quantity of halons manufactured by the person during the
quarter for use as feedstock; and
(f) each of the following:
(i) the quantity of halons imported by the person during the
quarter;
(ii) the quantity of halons imported by the person during the
quarter, broken down by country of origin;
(iii) the quantity of halons imported by the person during the
quarter for use as feedstock; and
(g) both:
(i) the quantity of halons exported by the person during the
quarter; and
(ii) the quantity of halons exported by the person during the
quarter, broken down by country of destination; and
(h) the quantity of halons destroyed by the person during the quarter; and
(i) both:
(i) the quantity of carbon tetrachloride manufactured by the person
during the quarter; and
(ii) the quantity of carbon tetrachloride manufactured by the person
during the quarter for use as feedstock; and
(j) each of the following:
(i) the quantity of carbon tetrachloride imported by the person
during the quarter;
(ii) the quantity of carbon tetrachloride imported by the person
during the quarter, broken down by country of origin;
(iii) the quantity of carbon tetrachloride imported by the person
during the quarter for use as feedstock; and
(k) both:
(i) the quantity of carbon tetrachloride exported by the person
during the quarter; and
(ii) the quantity of carbon tetrachloride exported by the person
during the quarter, broken down by country of destination; and
(l) the quantity of carbon tetrachloride destroyed by the person during the quarter; and
(m) both:
(i) the quantity of methyl chloroform manufactured by the person
during the quarter; and
(ii) the quantity of methyl chloroform manufactured by the person
during the quarter for use as feedstock; and
(n) each of the following:
(i) the quantity of methyl chloroform imported by the person during
the quarter;
(ii) the quantity of methyl chloroform imported by the person during
the quarter, broken down by country of origin;
(iii) the quantity of methyl chloroform imported by the person
during the quarter for use as feedstock; and
(o) both:
(i) the quantity of methyl chloroform exported by the person during
the quarter; and
(ii) the quantity of methyl chloroform exported by the person during
the quarter, broken down by country of destination; and
(p) the quantity of methyl chloroform destroyed by the person during the quarter.
Penalty: $10,000.


(2) A report must be given to the Minister within 15 days after the end of the quarter to which it relates.


(3) For the purposes of subsection (1), if the quantity of a particular thing is a nil amount, the report concerned must state that fact.


(4) This section applies as follows:
(a) in the case of stage-1 CFCs and halons - to quarters commencing after the commencement of this section;
(b) in the case of stage-2 CFCs and carbon tetrachloride - to quarters commencing on or after the first 1 July after the commencement of this section;
(c) in the case of methyl chloroform - to quarters included in a methyl chloroform quota period.

OZONE PROTECTION ACT 1989 - SECT 47A
Annual reports by manufacturers, importers or exporters of transitional
substances

SECT

47A. (1) Each person who, during the year commencing on the first 1 January after the commencement of this section or during a later year, manufactured, imported or exported any transitional substance must give to the Minister a written report specifying:
(a) both:
(i) the quantity of transitional substances manufactured by the
person during the year; and
(ii) the quantity of transitional substances manufactured by the
person during the year for use as feedstock; and
(b) each of the following:
(i) the quantity of transitional substances imported by the person
during the year;
(ii) the quantity of transitional substances imported by the person
during the year, broken down by country of origin;
(iii) the quantity of transitional substances imported by the person
during the year for use as feedstock; and
(c) both:
(i) the quantity of transitional substances exported by the person
during the year; and
(ii) the quantity of transitional substances exported by the person
during the year, broken down by country of destination; and
(d) the quantity of transitional substances destroyed by the person during the year.
Penalty: $5,000.


(2) A report must be given to the Minister within 15 days after the end of the year to which it relates.


(3) For the purposes of subsection (1), if the quantity of a particular thing is a nil amount, the report concerned must state that fact.

OZONE PROTECTION ACT 1989 - SECT 48
Records to be kept by licensees

SECT

48. (1) The regulations may make provision as to the keeping by a licensee of records relating to the manufacture, import, export or destruction of scheduled substances by the licensee.


(2) Regulations made for the purpose of this section may include provisions relating to the production of records to the Minister on request.

OZONE PROTECTION ACT 1989 - PART VIII
PART VIII - ENFORCEMENT

OZONE PROTECTION ACT 1989 - DIVISION 1
Division 1 - Inspectors

OZONE PROTECTION ACT 1989 - SECT 48A
Division does not apply to obligations relating to transitional
substances

SECT

48A. A reference in this Division to this Act does not include a reference to:
(a) section 46A or 62, in so far as that section relates to transitional substances; or
(b) section 47A.

OZONE PROTECTION ACT 1989 - SECT 49
Appointment of inspectors

SECT

49. (1) The Minister may, by instrument in writing, appoint as an inspector a person who is:
(a) a member or special member of the Australian Federal Police;
(b) an officer or employee of the Australian Public Service, the Australian Customs Service or any other authority of the Commonwealth;
(c) an officer or employee of the Public Service of a State or Territory; or
(d) a member of the Police Force of a State or Territory.


(2) The Minister shall not appoint an officer or employee of the Public Service of a State or Territory, or a member of the Police Force of a State or Territory, as an inspector unless the appointment is in accordance with an arrangement made by the Minister with a Minister of that State or Territory.

OZONE PROTECTION ACT 1989 - SECT 50
Identity cards

SECT

50. (1) The Minister may cause to be issued to an inspector an identity card in a form approved by the Minister.


(2) A person who ceases to be an inspector shall, as soon as practicable, return his or her identity card to the Minister.


(3) A person who contravenes subsection (2) is guilty of an offence punishable on conviction by a fine not exceeding $100.

OZONE PROTECTION ACT 1989 - SECT 51
Searches to monitor compliance with Act etc.

SECT

51. (1) Subject to subsections (2) and (3), an inspector may, to the extent that it is reasonably necessary for the purpose of ascertaining whether this Act or the regulations have been complied with, enter, at any time during the day or night, any premises that the inspector has reasonable cause to believe are premises to which this section applies and:
(a) search the premises;
(b) take photographs, or make sketches, of the premises or any substance or thing at the premises;
(c) inspect any book, record or document kept at the premises; or
(d) remove, or make copies of, any such book, record or document.


(2) An inspector may not, under subsection (1), enter premises that are a residence unless the occupier of the premises has consented to the entry.


(3) An inspector is not entitled to exercise any powers under subsection (1) in relation to premises if:
(a) the occupier of the premises has required the inspector to produce his or her identity card for inspection by the occupier; and
(b) the inspector fails to comply with the requirement.


(4) This section applies to premises at which:
(a) quota activities are engaged in;
(b) activities that are the subject of regulation under Part V are engaged in; or
(c) records relating to any such activities are kept.

OZONE PROTECTION ACT 1989 - SECT 52
Offence-related searches and seizures

SECT

52. (1) Where an inspector has reasonable grounds for suspecting that there may be on any premises a particular thing that may afford evidence as to the commission of an offence against this Act, the inspector may:
(a) with the consent of the occupier of the land or premises; or
(b) under a warrant issued under subsection (2);
enter the premises, and:
(c) search the premises for the thing; and
(d) if the inspector finds the thing on or in the premises - seize the thing.


(2) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon or in any premises a particular thing that may afford evidence as to the commission of an offence against this Act and the information sets out those grounds, the Magistrate may issue a search warrant in accordance with the form prescribed for the purposes of this subsection authorising an inspector named in the warrant, with such assistance, and by such force, as is necessary and reasonable, to enter the premises and exercise the powers referred to in paragraphs (1) (c) and (d) in respect of the thing.


(3) A Magistrate shall not issue a warrant under subsection (2) unless:
(a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.


(4) There shall be stated in a warrant issued under subsection (2):
(a) the purpose for which the warrant is issued, and the nature of the offence in relation to which the entry and search are authorised;
(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;
(c) a description of the kind of documents, substances, equipment or things to be seized; and
(d) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.


(5) If, in the course of searching, under a warrant issued under this section, for a particular thing in relation to a particular offence, an inspector finds a thing that the inspector believes, on reasonable grounds, to be:
(a) a thing that will afford evidence as to the commission of the offence, although not the thing specified in the warrant; or
(b) a thing that will afford evidence as to the commission of another offence under this Act or the regulations;
and the inspector believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant shall be taken to authorise the inspector to seize that thing.


(6) Where an inspector seizes any thing under subsection (1), the inspector may retain the thing until the expiration of a period of 60 days after the seizure or, if proceedings for an offence against this Act in respect of which the thing may afford evidence are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are completed.


(7) The Minister may authorise any thing seized under subsection (1) to be released to the owner, or to the person from whom the thing was seized, either unconditionally or on such conditions as the Minister thinks fit.

OZONE PROTECTION ACT 1989 - SECT 53
Warrants may be granted by telephone

SECT

53. (1) Where, because of circumstances of urgency, an inspector considers it necessary to do so, the inspector may make an application for a warrant under subsection 52 (2), by telephone, in accordance with this section.


(2) Before so making application, an inspector shall prepare an information of a kind referred to in subsection 52 (2) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.


(3) Where a Magistrate to whom an application under subsection (1) is made is satisfied:
(a) after having considered the terms of the information prepared in accordance with subsection (2); and
(b) after having received such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the Magistrate shall complete and sign such a search warrant as the Magistrate would issue under section 52 if the application had been made in accordance with that section.


(4) Where a Magistrate signs a warrant under subsection (3):
(a) the Magistrate shall inform the inspector of the terms of the warrant and the date on which and the time at which it was signed, and record on the warrant the reasons for the granting of the warrant; and
(b) the inspector shall complete a form of warrant in the terms furnished to the inspector by the Magistrate and write on it the name of the Magistrate and the date on which and the time at which the warrant was signed.


(5) Where an inspector completes a form of warrant in accordance with subsection (4), the inspector shall, not later than the day after the date of expiry or execution, whichever is the earlier, of the warrant, forward to the Magistrate who signed the warrant the form of warrant completed by the inspector and the information duly sworn in connection with the warrant.


(6) Upon receipt of the documents referred to in subsection (5), the Magistrate shall attach to them the warrant signed by the Magistrate and deal with the documents in the manner in which the Magistrate would have dealt with the information if the application for the warrant had been made in accordance with section 52.


(7) A form of warrant duly completed by an inspector in accordance with subsection (4) is, if it is in accordance with the terms of the warrant signed by the Magistrate, authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorises.


(8) Where it is material, in any proceedings, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised in accordance with this section, and the warrant signed by a Magistrate in accordance with this section authorising the entry, search, seizure or other exercise of power is not produced in evidence, the court shall assume, unless the contrary is proved, that the entry, search, seizure or other exercise of power was not authorised by such a warrant.

OZONE PROTECTION ACT 1989 - SECT 54
Power to require information etc.

SECT

54. (1) Subject to subsection (2), an inspector who has entered premises under this Division may, to the extent that it is reasonably necessary for the purpose of ascertaining whether this Act or the regulations have been complied with, require a person to answer any questions put by the inspector and to produce any books, records or documents requested by the inspector.


(2) An inspector is not entitled to make a requirement of a person under subsection (1) unless the inspector produces his or her identity card for inspection by the person.

OZONE PROTECTION ACT 1989 - SECT 55
Retention of books, records and documents

SECT

55. Where an inspector removes a book, record or document from premises under subsection 51 (1) or seizes a book, record or document under section 52 or a person produces a book, record or document to an inspector in accordance with a requirement under subsection 54 (1):
(a) the inspector may retain possession of the book, record or document for such period as is necessary and reasonable for the purpose of ascertaining whether this Act or the regulations have been complied with; and
(b) during that period the inspector shall permit a person who would be entitled to inspect the book, record or document if it were not in the inspector's possession to inspect the book, record or document at all reasonable times.

OZONE PROTECTION ACT 1989 - DIVISION 2
Division 2 - Injunctions

OZONE PROTECTION ACT 1989 - SECT 56
Injunctions

SECT

56. (1) Where a person has engaged, is engaging or is proposing to engage in any conduct that constituted or would constitute a contravention of this Act or the regulations, the Federal Court may, on the application of the Minister or any other person, grant an injunction restraining the person from engaging in the conduct and, if in the court's opinion it is desirable to do so, requiring the person to do any act or thing.


(2) Where:
(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
(b) the refusal or failure was, is, or would be a contravention of this Act or the regulations;
the Federal Court may, on the application of the Minister or any other person, grant an injunction requiring the first-mentioned person to do that act or thing.


(3) Where an application is made to the court for an injunction under this section, the court may, if in the court's opinion it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in conduct of the kind referred to in that subsection pending the determination of the application.


(4) The court may discharge or vary an injunction granted under this section.


(5) The power of the court to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:
(a) if the court is satisfied that the person has engaged in conduct of that kind - whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind - whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.


(6) The power of the court to grant an injunction requiring a person to do a particular act or thing may be exercised:
(a) if the court is satisfied that the person has refused or failed to do that act or thing - whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
(b) if it appears to the court that, in the event that an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing - whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing.


(7) Where the Minister makes an application to the court for the grant of an injunction under this section, the court shall not require the Minister or any other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages.


(8) The powers conferred on the court under this section are in addition to, and not in derogation of, any powers of the court, whether conferred by this Act or otherwise.

OZONE PROTECTION ACT 1989 - DIVISION 3
Division 3 - Forfeiture of goods

OZONE PROTECTION ACT 1989 - SECT 57
Forfeitable goods

SECT

57. (1) For the purposes of this Division, the following goods shall be taken to be forfeitable goods:
(a) scheduled substances in respect of the manufacture of which a person has been convicted of an offence against section 13, 17A or 23;
(b) scheduled substances in respect of the import of which a person has been convicted of an offence against section 13, 17A, 24 or 42;
(c) scheduled substances in respect of the export of which a person has been convicted of an offence against section 13, 17A, 25 or 43;
(d) products that contain scheduled substances, or that use scheduled substances in their operation, being products in respect of the manufacture, import, export, distribution or use of which a person has been convicted of an offence against section 38 or regulations made for the purposes of section 39;
(e) products containing scheduled substances, being products in respect of the import of which a person has been convicted of an offence against section 44;
(f) products in the manufacture of which scheduled substances were used, being products in respect of the importation of which a person has been convicted of an offence against section 45.


(2) For the purposes of this Part, where a quantity of scheduled substances or products that, under subsection (1), are forfeitable goods are mixed with scheduled substances or products of the same or a similar kind that are not, under that subsection, forfeitable goods, that quantity of the mixture of the substances or products shall be taken to be forfeitable goods.

OZONE PROTECTION ACT 1989 - SECT 58
Goods forfeited to Commonwealth

SECT

58. Where a person is convicted of an offence against a provision of this Act referred to in subsection 57 (1), all forfeitable goods to which the offence relates are, by force of the conviction, forfeited to the Commonwealth.

OZONE PROTECTION ACT 1989 - SECT 59
Power to seize forfeited goods

SECT

59. (1) An inspector may seize goods that are forfeited under section 58.


(2) Without prejudice to any other method of seizing goods, goods may be seized under subsection (1) by an inspector attaching, or causing to be attached, to the goods, or to the container in which the goods are held, a notice in writing signed by the inspector and:
(a) identifying the goods;
(b) stating that the goods have been seized under this subsection; and
(c) specifying the reason for the seizure.


(3) An inspector who seizes goods in the manner referred to in subsection (2) shall, as soon as practicable, serve on the owner of the goods or the person who had possession, custody or control of the goods immediately before they were seized a copy of the notice under subsection (2).

OZONE PROTECTION ACT 1989 - SECT 60
Persons not to move etc. seized goods

SECT

60. (1) A person shall not move, alter or interfere with goods that are the subject of a notice under subsection 59 (2) except in accordance with a direction given to the person by the Minister.
Penalty: imprisonment for 2 years.


(2) A person to whom a copy of a notice has been given under subsection 59 (3) shall take all reasonable precautions, and exercise all due diligence, to prevent the moving, alteration or interference with the goods to which the notice relates except in accordance with a direction given by the Minister.
Penalty: imprisonment for 2 years.

OZONE PROTECTION ACT 1989 - SECT 61
Disposal of forfeited goods

SECT

61. Goods that are forfeited under section 58 shall be dealt with and disposed of in accordance with the directions of the Minister.

OZONE PROTECTION ACT 1989 - DIVISION 4
Division 4 - Offences

OZONE PROTECTION ACT 1989 - SECT 62
False statements

SECT

62. (1) A person shall not, in relation to an application for, or an application for the renewal or variation of, a licence or a quota, or in relation to an application for an exemption under section 40, knowingly or recklessly:
(a) make a statement that is false or misleading in a material particular; or
(b) give to the Minister or any other person a document that contains information that is false or misleading in a material particular without:
(i) indicating to the Minister or other person that the document is
false or misleading and the respect in which the document is false or misleading; and
(ii) providing correct information to the Minister or other person
if the first-mentioned person is in possession of, or can reasonably acquire, the correct information.
Penalty: imprisonment for 2 years.


(2) A person shall not, otherwise than in relation to such an application, knowingly or recklessly:
(a) make to an inspector doing duty in relation to this Act a statement that is false or misleading in a material particular; or
(b) give to an inspector doing duty in relation to this Act a document that contains information that is false or misleading in a material particular without:
(i) indicating to the inspector that the document is false or
misleading and the respect in which the document is false or misleading; and
(ii) providing correct information to the inspector if the person is
in possession of, or can reasonably acquire, the correct information.
Penalty: imprisonment for 12 months.


(3) A person shall not knowingly or recklessly include in a report given to the Minister, or kept, under Part VII a statement that is false or misleading in a material particular.
Penalty:
(a) if the offence relates solely to one or more transitional substances - $5,000; or
(b) any other case - imprisonment for 2 years.


(4) A person must not knowingly or recklessly include in a report given to the Minister in accordance with a condition of a restricted licence a statement that is false or misleading in a material particular.
Penalty: imprisonment for 2 years.

OZONE PROTECTION ACT 1989 - SECT 63
Obstruction of inspectors etc.

SECT

63. A person shall not, without reasonable excuse, wilfully obstruct, hinder or resist an inspector in the performance of his or her functions under this Act.
Penalty: imprisonment for 6 months.

OZONE PROTECTION ACT 1989 - SECT 64
Failure to answer questions etc.

SECT

64. (1) A person shall not, without reasonable excuse, refuse or fail to answer a question or produce a document when so required by an inspector under this Act.
Penalty: imprisonment for 12 months.


(2) Subject to subsections (3), (6) and (9), it is a reasonable excuse for the purposes of subsection (1) for a person:
(a) to refuse or fail to answer a question when so required under this Act; or
(b) to refuse or fail to produce a document when so required under this Act;
that the answer to the question, or producing the document, as the case may be, might tend to incriminate the person or make the person liable to forfeiture or a penalty.


(3) Subsection (2) does not apply in relation to a failure or refusal by a person to answer a question, or to produce a document, on the ground that the answer to the question or producing the document might tend to prove his or her guilt of an offence against, or make him or her liable to forfeiture or a penalty under, a law of the Commonwealth or of a Territory, if the Director of Public Prosecutions has given the person a written undertaking under subsection (4).


(4) An undertaking by the Director of Public Prosecutions shall:
(a) be an undertaking that:
(i) an answer given, or a document produced, by the person; or
(ii) any information or document obtained as a direct or indirect
consequence of the answering of the question, or the production of the document;
will not be used in evidence in any proceedings for an offence against a law of the Commonwealth or of a Territory against the person, other than proceedings in respect of the falsity of evidence given by the person;
(b) state that, in the opinion of the Director of Public Prosecutions, there are special reasons why, in the public interest, the question should be answered or the document should be produced; and
(c) state the general nature of those reasons.


(5) An inspector may recommend to the Director of Public Prosecutions that a person who has been, or is to be, required under this Act to answer a question or produce a document be given an undertaking under subsection (4).


(6) Subsection (2) does not apply in relation to a failure or refusal by a person to answer a question, or to produce a document, on the ground that the answer to the question or producing the document might tend to prove his or her guilt of an offence against, or make him or her liable to forfeiture or a penalty under, a law of a State, if the Attorney-General of the State, or a person authorised by that Attorney-General (being the person holding the office of Director of Public Prosecutions, or a similar office, of the State) has given the person a written undertaking under subsection (7).


(7) An undertaking by the Attorney-General of the State, or authorised person, shall:
(a) be an undertaking that:
(i) an answer given, or a document produced, by the person; or
(ii) any information or document obtained as a direct or indirect
consequence of the answering of the question, or the production of the document;
will not be used in evidence in any proceedings for an offence against a law of the State against the person, other than proceedings in respect of the falsity of evidence given by the person;
(b) state that, in the opinion of the person giving the undertaking, there are special reasons why, in the public interest, the question should be answered or the document should be produced; and
(c) state the general nature of those reasons.


(8) An inspector may recommend to the Attorney-General of a State that a person who has been, or is to be, required under this Act to give information or produce a document be given an undertaking under subsection (7).


(9) For the purposes of subsection (1):
(a) it is not a reasonable excuse for a body corporate to refuse or fail to produce a document that production of the document might tend to incriminate the body corporate or make it liable to forfeiture or a penalty; and
(b) it is not a reasonable excuse for a person to refuse or fail to produce a document that is, or forms part of, a record of an existing or past business (not being, if the individual is or has been an employee, a document that sets out details of earnings received by the person in respect of his or her employment and does not set out any other information) that production of the document might tend to incriminate the person or make the individual liable to forfeiture or a penalty.


(10) Subsections (3), (6) and (9) do not apply where proceedings, in respect of which giving information or producing a document might tend to incriminate a person or make a person liable to forfeiture or a penalty, have been commenced against the person and have not been finally dealt with by a court or otherwise disposed of.


(11) In this section, "State" includes the Northern Territory.

OZONE PROTECTION ACT 1989 - SECT 65
Conduct by directors, servants and agents

SECT

65. (1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b) that the director, servant or agent had the state of mind.


(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.


(3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and
(b) that the servant or agent had the state of mind.


(4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that the first-mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.


(5) Where:
(a) a person other than a body corporate is convicted of an offence; and
(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.


(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the person; and
(b) the person's reasons for the intention, opinion, belief or purpose.


(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.


(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.


(9) A reference in this section to an offence against this Act includes a reference to:
(a) an offence created by the regulations; and
(b) an offence created by section 5, 6, 7 or 7A, or subsection 86 (1), of the Crimes Act 1914, being an offence that relates to the regulations.

OZONE PROTECTION ACT 1989 - PART IX
PART IX - MISCELLANEOUS

OZONE PROTECTION ACT 1989 - SECT 66
Review of decisions

SECT

66. Applications may be made to the Administrative Appeals Tribunal for the review of the following decisions of the Minister:
(a) a decision refusing to grant a licence under section 16 (including a decision that is taken to have been made by virtue of section 17);
(aa) a decision to specify, impose, revoke or vary a licence condition under section 17A;
(b) a decision refusing to renew a licence under section 19 (including a decision that is taken to have been made by virtue of that section);
(c) a decision to cancel a licence under section 20;
(d) a decision allocating, or refusing to allocate, a quota under section 28;
(e) a decision renewing, or refusing to renew, a quota under section 31;
(f) a decision varying, or refusing to vary, a quota under section 34;
(fa) a decision reducing or increasing the size of a quota under subsection 29 (10), 32 (7) or 33 (2);
(g) a decision refusing to grant an exemption under section 40;
(h) a decision to specify an exemption condition under section 40;
(i) a decision to cancel an exemption under section 40.

OZONE PROTECTION ACT 1989 - SECT 67
Statements to accompany notification of decisions

SECT

67. (1) Where a decision of a kind referred to in section 66 is made and a notice in writing of the decision is given to a person whose interests are affected by the decision, the notice shall include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision and, except where subsection 28 (4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28 of that Act.


(2) A failure to comply with subsection (1) does not affect the validity of the decision.

OZONE PROTECTION ACT 1989 - SECT 67A
Delegation

SECT

67A. (1) The Minister may, by writing, delegate to a person holding or performing the duties of a Senior Executive Service office in the Department all or any of the Minister's powers under section 19, 34, 49, 50 or 61.


(2) Subsection (1) does not apply to the power conferred on the Minister by section 34 to increase the size of a quota.

OZONE PROTECTION ACT 1989 - SECT 68
Annual report

SECT

68. (1) The Minister shall:
(a) as soon as practicable after the end of each financial year, prepare a report on the operation of this Act during that year; and
(b) cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the preparation of the report is completed.


(2) If this Act does not commence at the beginning of a financial year, this section has effect in relation to the period beginning at the commencement of this Act and ending on the next 30 June as if:
(a) if the period is less than 6 months - the period were included in the next financial year; or
(b) in any other case - the period were a financial year.

OZONE PROTECTION ACT 1989 - SECT 69
Collection of licence fees

SECT

69. (1) A licence fee is due and payable at the end of 15 days after the end of the quarter to which it relates.


(2) If the liability of a licensee to pay a licence fee is not discharged on or before the day when the fee becomes due and payable, there is payable by the licensee to the Commonwealth by way of penalty, in addition to the fee, an amount calculated at the rate of 30% per annum upon so much of the fee as from time to time remains unpaid, to be calculated from the day when the fee becomes due and payable.


(3) The following amounts may be recovered by the Commonwealth as debts due to the Commonwealth:
(a) licence fees that are due and payable;
(b) amounts that are payable under subsection (2).


(4) In this section, "licence fee" means a fee payable by a licensee under the Ozone Protection (Licence Fees - Manufacture) Act 1989 or the Ozone Protection (Licence Fees - Imports) Act 1989.

OZONE PROTECTION ACT 1989 - SECT 69A
Implementation of Protocol - supplementary regulations

SECT

69A. (1) The regulations may make provision for and in relation to giving effect to an adjustment or amendment of the Protocol, in so far as the adjustment or amendment relates to a substance other than a scheduled substance (whether that substance exists alone or in a mixture).


(2) Regulations made by virtue of subsection (1) in relation to an adjustment or amendment of the Protocol that has not entered into force for Australia must not come into operation on a date earlier than the date on which the adjustment or amendment entered into force for Australia.

OZONE PROTECTION ACT 1989 - SECT 69B
Severability

SECT

69B. (1) This section applies if the enactment of one or more provisions of this Act (other than Part V or VI) goes beyond giving effect to the Convention and the Protocol.


(2) The provisions are to be read so that their application is limited to, or in relation to:
(a) giving effect to the Convention and the Protocol; or
(b) matters external to Australia; or
(c) matters of international concern; or
(d) conduct engaged in by a corporation of a kind mentioned in paragraph 37 (1) (a), (b), (c) or (d); or
(e) activities of a kind mentioned in paragraph 37 (2) (a), (b), (c), (d), (e) or (f).

OZONE PROTECTION ACT 1989 - SECT 70
Regulations

SECT

70. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
including regulations prescribing penalties, not exceeding $1,000 in the case of a natural person or $5,000 in the case of a body corporate, for offences against the regulations.

OZONE PROTECTION ACT 1989 - SCHEDULE 1

SCH

SCHEDULE 1 Section 7
SCHEDULED SUBSTANCES
PART I
Division 1 - Stage-1 CFCs
Column 1 Column 2
Ozone
depleting
Substance potential
Trichlorofluoromethane 1.0
(CFC-11)
Dichlorodifluoromethane 1.0
(CFC-12)
Trichlorotrifluoroethane 0.8
(CFC-113)
Dichlorotetrafluoroethane 1.0
(CFC-114)
(Mono) chloropentafluoroethane 0.6
(CFC-115)
Division 2 - Stage-2 CFCs
Column 1 Column 2
Ozone
depleting
Substance potential
CF3Cl 1.0
(CFC-13)
C2FCl5 1.0
(CFC-111)
C2F2Cl4 1.0
(CFC-112)
C3FCl7 1.0
(CFC-211)
C3F2Cl6 1.0
(CFC-212)
C3F3Cl5 1.0
(CFC-213)
C3F4Cl4 1.0
(CFC-214)
C3F5Cl3 1.0
(CFC-215)
C3F6Cl2 1.0
(CFC-216)
C3F7Cl 1.0
(CFC-217)
PART II
Halons
Column 1 Column 2
Ozone
depleting
Substance potential
Bromochlorodifluoromethane 3.0
(Halon-1211)
Bromotrifluoromethane 10.0
(Halon-1301)
Dibromotetrafluoroethane 6.0
(Halon-2402)
PART III
Carbon tetrachloride
Column 1 Column 2
Ozone
depleting
Substance potential
Carbon tetrachloride 1.1
(CCl4)
PART IV
Methyl chloroform
Column 1 Column 2
Ozone
depleting
Substance potential
1,1,1-trichloroethane 0.1
(C2H3Cl3*)
* This formula does not refer to 1,1,2-trichloroethane

OZONE PROTECTION ACT 1989 - SCHEDULE 2

SCH

SCHEDULE 2 Section 7
VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER
Preamble
The Parties to this Convention,
Aware of the potentially harmful impact on human health and the
environment through modification of the ozone layer,
Recalling the pertinent provisions of the Declaration of the United
Nations Conference on the Human Environment, and in particular principle
21, which provides that "States have, in accordance with the Charter of
the United Nations and the principles of international law, the
sovereign right to exploit their own resources pursuant to their own
environmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of national
jurisdiction",
Taking into account the circumstances and particular requirements of
developing countries,
Mindful of the work and studies proceeding within both international and
national organizations and, in particular, of the World Plan of Action
on the Ozone Layer of the United Nations Environment Programme,
Mindful also of the precautionary measures for the protection of the
ozone layer which have already been taken at the national and
international levels,
Aware that measures to protect the ozone layer from modifications due to
human activities require international co-operation and action, and
should be based on relevant scientific and technical considerations,
Aware also of the need for further research and systematic observations
to further develop scientific knowledge of the ozone layer and possible
adverse effects resulting from its modification,
Determined to protect human health and the environment against adverse
effects resulting from modifications of the ozone layer,
HAVE AGREED AS FOLLOWS:
Article 1
DEFINITIONS
For the purposes of this Convention:
1. "The ozone layer" means the layer of atmospheric ozone above the
planetary boundary layer.
2. "Adverse effects" means changes in the physical environment or biota,
including changes in climate, which have significant deleterious effects
on human health or on the composition, resilience and productivity of
natural and managed ecosystems, or on materials useful to mankind.
3. "Alternative technologies or equipment" means technologies or
equipment the use of which makes it possible to reduce or effectively
eliminate emissions of substances which have or are likely to have
adverse effects on the ozone layer.
4. "Alternative substances" means substances which reduce, eliminate or
avoid adverse effects on the ozone layer.
5. "Parties" means, unless the text otherwise indicates, Parties to this
Convention.
6. "Regional economic integration organisation" means an organisation
constituted by sovereign States of a given region which has competence
in respect of matters governed by this Convention or its protocols and
has been duly authorized, in accordance with its internal procedures, to
sign, ratify, accept, approve or accede to the instruments concerned.
7. "Protocols" means protocols to this Convention.
Article 2
GENERAL OBLIGATIONS
1. The Parties shall take appropriate measures in accordance with the
provisions of this Convention and of those protocols in force to which
they are party to protect human health and the environment against
adverse effects resulting or likely to result from human activities
which modify or are likely to modify the ozone layer.
2. To this end the Parties shall, in accordance with the means at their
disposal and their capabilities:
(a) Co-operate by means of systematic observations, research and
information exchange in order to better understand and assess the
effects of human activities on the ozone layer and the effects on human
health and the environment from modification of the ozone layer;
(b) Adopt appropriate legislative or administrative measures and
co-operate in harmonising appropriate policies to control, limit, reduce
or prevent human activities under their jurisdiction or control should
it be found that these activities have or are likely to have adverse
effects resulting from modification or likely modification of the ozone
layer;
(c) Co-operate in the formulation of agreed measures, procedures and
standards for the implementation of this Convention, with a view to the
adoption of protocols and annexes;
(d) Co-operate with competent international bodies to implement
effectively this Convention and protocols to which they are party.
3. The provisions of this Convention shall in no way affect the right of
Parties to adopt, in accordance with international law, domestic
measures additional to those referred to in paragraphs 1 and 2 above,
nor shall they affect additional domestic measures already taken by a
Party, provided that these measures are not incompatible with their
obligations under this Convention.
4. The application of this article shall be based on relevant scientific
and technical considerations.
Article 3
RESEARCH AND SYSTEMATIC OBSERVATIONS
1. The Parties undertake, as appropriate, to initiate and co-operate in,
directly or through competent international bodies, the conduct of
research and scientific assessments on:
(a) The physical and chemical processes that may affect the ozone layer;
(b) The human health and other biological effects deriving from any
modifications of the ozone layer, particularly those resulting from
changes in ultra-violet solar radiation having biological effects
(UV-B);
(c) Climatic effects deriving from any modifications of the ozone layer;
(d) Effects deriving from any modifications of the ozone layer and any
consequent change in UV-B radiation on natural and synthetic materials
useful to mankind;
(e) Substances, practices, processes and activities that may affect the
ozone layer, and their cumulative effects;
(f) Alternative substances and technologies;
(g) Related socio-economic matters; and as further elaborated in annexes
I and II.
2. The Parties undertake to promote or establish, as appropriate,
directly or through competent international bodies and taking fully into
account national legislation and relevant ongoing activities at both the
national and international levels, joint or complementary programmes for
systematic observation of the state of the ozone layer and other
relevant parameters, as elaborated in annex I.
3. The Parties undertake to co-operate, directly or through competent
international bodies, in ensuring the collection, validation and
transmission of research and observational data through appropriate
world data centres in a regular and timely fashion.
Article 4
CO-OPERATION IN THE LEGAL, SCIENTIFIC AND TECHNICAL FIELDS
1. The Parties shall facilitate and encourage the exchange of
scientific, technical, socio-economic, commercial and legal information
relevant to this Convention as further elaborated in annex II. Such
information shall be supplied to bodies agreed upon by the Parties. Any
such body receiving information regarded as confidential by the
supplying Party shall ensure that such information is not disclosed and
shall aggregate it to protect its confidentiality before it is made
available to all Parties.
2. The Parties shall co-operate, consistent with their national laws,
regulations and practices and taking into account in particular the
needs of the developing countries, in promoting, directly or through
competent international bodies, the development and transfer of
technology and knowledge. Such co-operation shall be carried out
particularly through:
(a) Facilitation of the acquisition of alternative technologies by other
Parties;
(b) Provision of information on alternative technologies and equipment,
and supply of special manuals or guides to them;
(c) The supply of necessary equipment and facilities for research and
systematic observations;
(d) Appropriate training of scientific and technical personnel.
Article 5
TRANSMISSION OF INFORMATION
The Parties shall transmit, through the secretariat, to the Conference
of the Parties established under article 6 information on the measures
adopted by them in implementation of this Convention and of protocols to
which they are party in such form and at such intervals as the meetings
of the parties to the relevant instruments may determine.
Article 6
CONFERENCE OF THE PARTIES
1. A Conference of the Parties is hereby established. The first meeting
of the Conference of the Parties shall be convened by the secretariat
designated on an interim basis under article 7 not later than one year
after entry into force of this Convention. Thereafter, ordinary meetings
of the Conference of the Parties shall be held at regular intervals to
be determined by the Conference at its first meeting.
2. Extraordinary meetings of the Conference of the Parties shall be held
at such other times as may be deemed necessary by the Conference, or at
the written request of any Party, provided that, within six months of
the request being communicated to them by the secretariat, it is
supported by at least one third of the Parties.
3. The Conference of the Parties shall by consensus agree upon and adopt
rules of procedure and financial rules for itself and for any subsidiary
bodies it may establish, as well as financial provisions governing the
functioning of the secretariat.
4. The Conference of the Parties shall keep under continuous review the
implementation of this Convention, and, in addition, shall:
(a) Establish the form and the intervals for transmitting the
information to be submitted in accordance with article 5 and consider
such information as well as reports submitted by any subsidiary body;
(b) Review the scientific information on the ozone layer, on its
possible modification and on possible effects of any such modification;
(c) Promote, in accordance with article 2, the harmonization of
appropriate policies, strategies and measures for minimizing the release
of substances causing or likely to cause modification of the ozone
layer, and make recommendations on any other measures relating to this
Convention;
(d) Adopt, in accordance with articles 3 and 4, programmes for research,
systematic observations, scientific and technological co-operation, the
exchange of information and the transfer of technology and knowledge;
(e) Consider and adopt, as required, in accordance with articles 9 and
10, amendments to this Convention and its annexes;
(f) Consider amendments to any protocol, as well as to any annexes
thereto, and, if so decided, recommend their adoption to the parties to
the protocol concerned;
(g) Consider and adopt, as required, in accordance with article 10,
additional annexes to this Convention;
(h) Consider and adopt, as required, protocols in accordance with
article 8;
(i) Establish such subsidiary bodies as are deemed necessary for the
implementation of this Convention;
(j) Seek, where appropriate, the services of competent international
bodies and scientific committees, in particular the World Meteorological
Organization and the World Health Organization, as well as the
Co-ordinating Committee on the Ozone Layer, in scientific research,
systematic observations and other activities pertinent to the objectives
of this Convention, and make use as appropriate of information from
these bodies and committees;
(k) Consider and undertake any additional action that may be required
for the achievement of the purposes of this Convention.
5. The United Nations, its specialized agencies and the International
Atomic Energy Agency, as well as any State not party to this Convention,
may be represented at meetings of the Conference of the Parties by
observers. Any body or agency, whether national or international,
governmental or non-governmental, qualified in fields relating to the
protection of the ozone layer which has informed the secretariat of its
wish to be represented at a meeting of the Conference of the Parties as
an observer may be admitted unless at least one-third of the Parties
present object. The admission and participation of observers shall be
subject to the rules of procedure adopted by the Conference of the
Parties.
Article 7
SECRETARIAT
1. The functions of the secretariat shall be:
(a) To arrange for and service meetings provided for in articles 6, 8, 9
and 10;
(b) To prepare and transmit reports based upon information received in
accordance with articles 4 and 5, as well as upon information derived
from meetings of subsidiary bodies established under article 6;
(c) To perform the functions assigned to it by any protocol;
(d) To prepare reports on its activities carried out in implementation
of its functions under this Convention and present them to the
Conference of the Parties;
(e) To ensure the necessary co-ordination with other relevant
international bodies, and in particular to enter into such
administrative and contractual arrangements as may be required for the
effective discharge of its functions;
(f) To perform such other functions as may be determined by the
Conference of the Parties.
2. The secretariat functions will be carried out on an interim basis by
the United Nations Environment Programme until the completion of the
first ordinary meeting of the Conference of the Parties held pursuant to
article 6. At its first ordinary meeting, the Conference of the Parties
shall designate the secretariat from amongst those existing competent
international organizations which have signified their willingness to
carry out the secretariat functions under this Convention.
Article 8
ADOPTION OF PROTOCOLS
1. The Conference of the Parties may at a meeting adopt protocols
pursuant to article 2.
2. The text of any proposed protocol shall be communicated to the
Parties by the secretariat at least six months before such a meeting.
Article 9
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Party may propose amendments to this Convention or
to any protocol. Such amendments shall take due account, inter alia, of
relevant scientific and technical considerations.
2. Amendments to this Convention shall be adopted at a meeting of the
Conference of the Parties. Amendments to any protocol shall be adopted
at a meeting of the Parties to the protocol in question. The text of any
proposed amendment to this Convention or to any protocol, except as may
otherwise be provided in such protocol, shall be communicated to the
Parties by the secretariat at least six months before the meeting at
which it is proposed for adoption. The secretariat shall also
communicate proposed amendments to the signatories to this Convention
for information.
3. The Parties shall make every effort to reach agreement on any
proposed amendment to this Convention by consensus. If all efforts at
consensus have been exhausted, and no agreement reached, the amendment
shall as a last resort be adopted by a three-fourths majority vote of
the Parties present and voting at the meeting, and shall be submitted by
the Depositary to all Parties for ratification, approval or acceptance.
4. The procedure mentioned in paragraph 3 above shall apply to
amendments to any protocol, except that a two-thirds majority of the
parties to that protocol present and voting at the meeting shall suffice
for their adoption.
5. Ratification, approval or acceptance of amendments shall be notified
to the Depositary in writing. Amendments adopted in accordance with
paragraphs 3 or 4 above shall enter into force between parties having
accepted them on the ninetieth day after the receipt by the Depositary
of notification of their ratification, approval or acceptance by at
least three-fourths of the Parties to this Convention or by at least
two-thirds of the parties to the protocol concerned, except as may
otherwise be provided in such protocol. Thereafter the amendments shall
enter into force for any other Party on the ninetieth day after that
Party deposits its instrument of ratification, approval or acceptance of
the amendments.
6. For the purposes of this article, "Parties present and voting" means
Parties present and casting an affirmative or negative vote.
Article 10
ADOPTION AND AMENDMENT OF ANNEXES
1. The annexes to this Convention or to any protocol shall form an
integral part of this Convention or of such protocol, as the case may
be, and, unless expressly provided otherwise, a reference to this
Convention or its protocols constitutes at the same time a reference to
any annexes thereto. Such annexes shall be restricted to scientific,
technical and administrative matters.
2. Except as may be otherwise provided in any protocol with respect to
its annexes, the following procedure shall apply to the proposal,
adoption and entry into force of additional annexes to this Convention
or of annexes to a protocol:
(a) Annexes to this Convention shall be proposed and adopted according
to the procedure laid down in article 9, paragraphs 2 and 3, while
annexes to any protocol shall be proposed and adopted according to the
procedure laid down in article 9, paragraphs 2 and 4;
(b) Any party that is unable to approve an additional annex to this
Convention or an annex to any protocol to which it is party shall so
notify the Depositary, in writing, within six months from the date of
the communication of the adoption by the Depositary. The Depositary
shall without delay notify all Parties of any such notification
received. A Party may at any time substitute an acceptance for a
previous declaration of objection and the annexes shall thereupon enter
into force for that Party;
(c) On the expiry of six months from the date of the circulation of the
communication by the Depositary, the annex shall become effective for
all Parties to this Convention or to any protocol concerned which have
not submitted a notification in accordance with the provision of
subparagraph (b) above.
3. The proposal, adoption and entry into force of amendments to annexes
to this Convention or to any protocol shall be subject to the same
procedure as for the proposal, adoption and entry into force of annexes
to the Convention or annexes to a protocol. Annexes and amendments
thereto shall take due account, inter alia, of relevant scientific and
technical considerations.
4. If an additional annex or an amendment to an annex involves an
amendment to this Convention or to any protocol, the additional annex or
amended annex shall not enter into force until such time as the
amendment to this Convention or to the protocol concerned enters into
force.
Article 11
SETTLEMENT OF DISPUTES
1. In the event of a dispute between Parties concerning the
interpretation or application of this Convention, the parties concerned
shall seek solution by negotiation.
2. If the Parties concerned cannot reach agreement by negotiation, they
may jointly seek the good offices of, or request mediation by, a third
party.
3. When ratifying, accepting, approving or acceding to this Convention,
or at any time thereafter, a State or regional economic integration
organization may declare in writing to the Depositary that for a dispute
not resolved in accordance with paragraph 1 or paragraph 2 above, it
accepts one or both of the following means of dispute settlement as
compulsory:
(a) Arbitration in accordance with procedures to be adopted by the
Conference of the Parties at its first ordinary meeting;
(b) Submission of the dispute to the International Court of Justice.
4. If the parties have not, in accordance with paragraph 3 above,
accepted the same or any procedure, the dispute shall be submitted to
conciliation in accordance with paragraph 5 below unless the parties
otherwise agree.
5. A conciliation commission shall be created upon the request of one of
the parties to the dispute. The commission shall be composed of an equal
number of members appointed by each party concerned and a chairman
chosen jointly by the members appointed by each party. The commission
shall render a final and recommendatory award, which the parties shall
consider in good faith.
6. The provisions of this article shall apply with respect to any
protocol except as otherwise provided in the protocol concerned.
Article 12
SIGNATURE
This Convention shall be open for signature by States and by regional
economic integration organizations at the Federal Ministry for Foreign
Affairs of the Republic of Austria in Vienna from 22 March 1985 to 21
September 1985, and at United Nations Headquarters in New York from 22
September 1985 to 21 March 1986.
Article 13
RATIFICATION, ACCEPTANCE OR APPROVAL
1. This Convention and any protocol shall be subject to ratification,
acceptance or approval by States and by regional economic integration
organizations. Instruments of ratification, acceptance or approval shall
be deposited with the Depositary.
2. Any organization referred to in paragraph 1 above which becomes a
Party to this Convention or any protocol without any of its member
States being a Party shall be bound by all the obligations under the
Convention or the protocol, as the case may be. In the case of such
organizations, one or more of whose member States is a Party to be
Convention or relevant protocol, the organization and its member states
shall decide on their respective responsibilities for the performance of
their obligation under the Convention or protocol, as the case may be.
In such cases, the organization and the member States shall not be
entitled to exercise rights under the Convention or relevant protocol
concurrently.
3. In their instruments of ratification, acceptance or approval, the
organizations referred to in paragraph 1 above shall declare the extent
of their competence with respect to the matters governed by the
Convention or the relevant protocol. These organizations shall also
inform the Depositary of any substantial modification in the extent of
their competence.
Article 14
ACCESSION
1. This Convention and any protocol shall be open for accession by
States and by regional economic integration organizations from the date
on which the convention or the protocol concerned is closed for
signature. The instruments of accession shall be deposited with the
Depositary.
2. In their instruments of accession, the organizations referred to in
paragraph 1 above shall declare the extent of their competence with
respect to the matters governed by the Convention or the relevant
protocol. These organizations shall also inform the Depositary of any
substantial modification in the extent of their competence.
3. The provisions of article 13, paragraph 2, shall apply to regional
economic integration organizations which accede to this Convention or
any protocol.
Article 15
RIGHT TO VOTE
1. Each Party to this Convention or to any protocol shall have one vote.
2. Except as provided for in paragraph 1 above, regional economic
integration organizations, in matters within their competence, shall
exercise their right to vote with a number of votes equal to the number
of their member States which are Parties to the Convention or the
relevant protocol. Such organizations shall not exercise their right to
vote if their member States exercise theirs, and vice versa.
Article 16
RELATIONSHIP BETWEEN THE CONVENTION AND ITS PROTOCOLS
1. A State or a regional economic integration organization may not
become a party to a protocol unless it is, or becomes at the same time,
a Party to the Convention.
2. Decisions concerning any protocol shall be taken only by the parties
to the protocol concerned.
Article 17
ENTRY INTO FORCE
1. This Convention shall enter into force on the ninetieth day after the
date of deposit of the twentieth instrument of ratification, acceptance,
approval or accession.
2. Any protocol, except as otherwise provided in such protocol, shall
enter into force on the ninetieth day after the date of deposit of the
eleventh instrument of ratification, acceptance or approval of such
protocol or accession thereto.
3. For each Party which ratifies, accepts or approves this Convention or
accedes thereto after the deposit of the twentieth instrument of
ratification, acceptance, approval or accession, it shall enter into
force on the ninetieth day after the date of deposit by such Party of
its instrument of ratification, acceptance, approval or accession.
4. Any protocol, except as otherwise provided in such protocol, shall
enter into force for a party that ratifies, accepts or approves that
protocol or accedes thereto after its entry into force pursuant to
paragraph 2 above, on the ninetieth day after the date on which that
party deposits its instrument of ratification, acceptance, approval or
accession, or on the date on which the Convention enters into force for
that Party, whichever shall be the later.
5. For the purposes of paragraphs 1 and 2 above, any instrument
deposited by a regional economic integration organization shall not be
counted as additional to those deposited by member States of such
organization.
Article 18
RESERVATIONS
No reservations may be made to this Convention.
Article 19
WITHDRAWAL
1. At any time after four years from the date on which this Convention
has entered into force for a Party, that Party may withdraw from the
Convention by giving written notification to the Depositary.
2. Except as may be provided in any protocol, at any time after four
years from the date on which such protocol has entered into force for a
party, that party may withdraw from the protocol by giving written
notification to the Depositary.
3. Any such withdrawal shall take effect upon expiry of one year after
the date of its receipt by the Depositary, or on such later date as may
be specified in the notification of the withdrawal.
4. Any Party which withdraws from this Convention shall be considered as
also having withdrawn from any protocol to which it is party.
Article 20
DEPOSITARY
1. The Secretary-General of the United Nations shall assume the
functions of depositary of this Convention and any protocols.
2. The Depositary shall inform the Parties, in particular, of:
(a) The signature of this Convention and of any protocol, and the
deposit of instruments of ratification, acceptance, approval or
accession in accordance with articles 13 and 14;
(b) The date on which the Convention and any protocol will come into
force in accordance with article 17;
(c) Notifications of withdrawal made in accordance with article 19;
(d) Amendments adopted with respect to the Convention and any protocol,
their acceptance by the parties and their date of entry into force in
accordance with article 9;
(e) All communications relating to the adoption and approval of annexes
and to the amendment of annexes in accordance with article 10;
(f) Notifications by regional economic integration organizations of the
extent of their competence with respect to matters governed by this
Convention and any protocols, and of any modifications thereof;
(g) Declarations made in accordance with article 11, paragraph 3.
Article 21
AUTHENTIC TEXTS
The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that
effect, have signed this Convention.
Done at Vienna on the 22nd day of March 1985

Annex I
RESEARCH AND SYSTEMATIC OBSERVATIONS
1. The Parties to the Convention recognize that the major scientific
issues are:
(a) Modification of the ozone layer which would result in a change in
the amount of solar ultra-violet radiation having biological effects
(UV-B) that reaches the Earth's surface and the potential consequences
for human health, for organisms, ecosystems and materials useful to
mankind;
(b) Modification of the vertical distribution of ozone, which could
change the temperature structure of the atmosphere and the potential
consequences for weather and climate.
2. The Parties to the Convention, in accordance with article 3, shall
co-operate in conducting research and systematic observations and in
formulating recommendations for future research and observation in such
areas as:
(a) Research into the physics and chemistry of the atmosphere
(i) Comprehensive theoretical models: further development of models
which consider the interaction between radiative, dynamic and chemical
processes; studies of the simultaneous effects of various man-made and
naturally occurring species upon atmospheric ozone; interpretation of
satellite and non-satellite measurement data sets; evaluation of trends
in atmospheric and geophysical parameters, and the development of
methods for attributing changes in these parameters to specific causes;
(ii) Laboratory studies of: rate coefficients, absorption cross-sections
and mechanisms of tropospheric and stratospheric chemical and
photochemical processes; spectroscopic data to support field
measurements in all relevant spectral regions;
(iii) Field measurements: the concentration and fluxes of key source
gases of both natural and anthropogenic origin; atmospheric dynamics
studies; simultaneous measurements of photochemically-related species
down to the planetary boundary layer, using in situ and remote sensing
instruments; intercomparison of different sensors, including
co-ordinated correlative measurements for satellite instrumentation;
three-dimensional fields of key atmospheric trace constituents, solar
spectral flux and meteorological parameters;
(iv) Instrument development, including satellite and non-satellite
sensors for atmospheric trace constituents, solar flux and
meteorological parameters;
(b) Research into health, biological and photodegradation effects
(i) The relationship between human exposure to visible and ultra-violet
solar radiation and (a) the development of both non-melanoma and
melanoma skin cancer and (b) the effects on the immunological system;
(ii) Effects of UV-B radiation, including the wavelength dependence,
upon (a) agricultural crops, forests and other terrestial ecosystems and
(b) the aquatic food web and fisheries, as well as possible inhibition
of oxygen production by marine phytoplankton;
(iii) The mechanisms by which UV-B radiation acts on biological
materials, species and ecosystems, including: the relationship between
dose, dose rate, and response; photorepair, adaptation, and protection;
(iv) Studies of biological action spectra and the spectral response
using polychromatic radiation in order to include possible interactions
of the various wavelength regions;
(v) The influence of UV-B radiation on: the sensitivities and activities
of biological species important to the biospheric balance; primary
processes such as photosynthesis and biosynthesis;
(vi) The influence of UV-B radiation on the photodegradation of
pollutants, agricultural chemicals and other materials;
(c) Research on effects on climate
(i) Theoretical and observational studies of the radiative effects of
ozone and other trace species and the impact on climate parameters, such
as land and ocean surface temperatures, precipitation patterns, the
exchange between the troposphere and stratosphere;
(ii) the investigation of the effects of such climate impacts on various
aspects of human activity;
(d) Systematic observations on:
(i) The status of the ozone layer (i.e. the spatial and temporal
variability of the total column content and vertical distribution) by
making the Global Ozone Observing System, based on the integration of
satellite and ground-based systems, fully operational;
(ii) The tropospheric and stratospheric concentrations of source gases
for the HOx, NOx, C1Ox and carbon families;
(iii) The temperature from the ground to the mesosphere, utilizing both
ground-based and satellite systems;
(iv) Wavelength-resolved solar flux reaching, and thermal radiation
leaving, the Earth's atmosphere, utilizing satellite measurements;
(v) Wavelength-resolved solar flux reaching the Earth's surface in the
ultra-violet range having biological effects (UV-B);
(vi) Aerosol properties and distribution from the ground to the
mesosphere, utilizing ground-based, airborne and satellite systems;
(vii) Climatically important variables by the maintenance of programmes
of high-quality meteorological surface measurements;
(viii) Trace species, temperatures, solar flux and aerosols utilizing
impoved methods for analysing global data.
3. The Parties to the Convention shall co-operate, taking into account
the particular needs of the developing countries, in promoting the
appropriate scientific and technical training required to participate in
the research and systematic observations outlined in this annex.
Particular emphasis should be given to the intercalibration of
observational instrumentation and methods with a view to generating
comparable or standardized scientific data sets.
4. The following chemical substances of natural and anthropogenic
origin, not listed in order of priority, are thought to have the
potential to modify the chemical and physical properties of the ozone
layer.
(a) Carbon substances
(i) Carbon monoxide (CO)
Carbon monoxide has significant natural and anthropogenic sources, and
is thought to play a major direct role in tropospheric photochemistry,
and an indirect role in stratospheric photochemistry.
(ii) Carbon dioxide (CO2)
Carbon dioxide has significant natural and anthropogenic sources, and
affects stratospheric ozone by influencing the thermal structure of the
atmosphere.
(iii) Methane (CH4)
Methane has both natural and anthropogenic sources, and affects both
tropospheric and stratospheric ozone.
(iv) Non-methane hydrocarbon species
Non-methane hydrocarbon species, which consist of a large number of
chemical substances, have both natural and anthropogenic sources, and
play a direct role in tropospheric photochemistry and an indirect role
in stratospheric photochemistry.
(b) Nitrogen substances
(i) Nitrous oxide (N2O)
The dominant sources of N2O are natural, but anthropogenic contributions
are becoming increasingly important.
Nitrous oxide is the primary source of stratospheric NOx, which play a
vital role in controlling the abundance of stratospheric ozone.
(ii) Nitrogen oxides (NOx)
Ground-level sources of NOx play a major direct role only in
tropospheric photochemical processes and an indirect role in
stratosphere photochemistry, whereas injection of NOx close to the
tropopause may lead directly to a change in upper tropospheric and
stratospheric ozone.
(c) Chlorine substances
(i) Fully halogenated alkanes, e.g. CC14, CFC13 (CFC-11), CF2C12
(CFC-12), C2F3C1 3 (CFC-113), C2F4C12 (CFC-114)
Fully halogenated alkanes are anthropogenic and act as a source of C10x,
which plays a vital role in ozone photochemistry, especially in the
30-50 km altitude region.
(ii) Partially halogenated alkanes, e.g. CH3C1, CHF2C1 (CFC-22),
CH3CC13, CHFC12 (CFC-21)
The sources of CH3C1 are natural, whereas the other partially
halogenated alkanes mentioned above are anthropogenic in origin.
These gases also act as a source of stratospheric C10x.
(d) Bromine substances
Fully halogenated alkanes, e.g. CF3Br
These gases are anthropogenic and act as a source of Br0x, which
behaves in a manner similar to C10x.
(e) Hydrogen substances
(i) Hydrogen (H2)
Hydrogen, the source of which is natural and anthropogenic, plays a
minor role in stratospheric photochemistry.
(ii) Water (H20)
Water, the source of which is natural, plays a vital role in both
tropospheric and stratospheric photochemistry. Local sources of water
vapour in the stratosphere include the oxidation of methane and, to a
lesser extent, of hydrogen.
Annex II
INFORMATION EXCHANGE
1. The Parties to the Convention recognize that the collection and
sharing of information is an important means of implementing the
objectives of this Convention and of assuring that any actions that may
be taken are appropriate and equitable. Therefore, Parties shall
exchange scientific, technical, socio-economic, business, commercial and
legal information.
2. The Parties to the Convention, in deciding what information is to be
collected and exchanged, should take into account the usefulness of the
information and the costs of obtaining it. The Parties further recognize
that co-operation under this annex has to be consistent with national
laws, regulations and practices regarding patents, trade secrets, and
protection of confidential and proprietary information.
3. Scientific information
This includes information on:
(a) Planned and ongoing research, both governmental and private, to
facilitate the co-ordination of research programmes so as to make the
most effective use of available national and international resources;
(b) The emission data needed for research;
(c) Scientific results published in peer-reviewed literature on the
understanding of the physics and chemistry of the Earth's atmosphere and
of its susceptibility to change, in particular on the state of the ozone
layer and effects on human health, environment and climate which would
result from changes on all time-scales in either the total column
content or the vertical distribution of ozone;
(d) The assessment of research results and the recommendations for
future research.
4. Technical information This includes information on:
(a) The availability and cost of chemical substitutes and of alternative
technologies to reduce the emissions of ozone-modifying substances and
related planned and ongoing research;
(b) The limitations and any risks involved in using chemical or other
substitutes and alternative technologies.
5. Socio-economic and commercial information on the substances referred
to in annex I This includes information on:
(a) Production and production capacity;
(b) Use and use patterns;
(c) Imports/exports;
(d) The costs, risks and benefits of human activities which may
indirectly modify the ozone layer and of the impacts of regulatory
actions taken or being considered to control these activities.
6. Legal information This includes information on:
(a) National laws, administrative measures and legal research relevant
to the protection of the ozone layer;
(b) International agreements, including bilateral agreements, relevant
to the protection of the ozone layer;
(c) Methods and terms of licensing and availability of patents relevant
to the protection of the ozone layer.

OZONE PROTECTION ACT 1989 - SCHEDULE 3

SCH

SCHEDULE 3 Section 7
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER AS ADJUSTED AND AMENDED BY THE
SECOND MEETING OF THE PARTIES LONDON,
27-29 JUNE 1990
The parties to this Protocol,
Being Parties to the Vienna Convention for the Protection of the Ozone
Layer,
Mindful of their obligation under that Convention to take appropriate
measures to protect human health and the environment against adverse
effects resulting or likely to result from human activities which modify
or are likely to modify the ozone layer,
Recognizing that world-wide emissions of certain substances can
significantly deplete and otherwise modify the ozone layer in a manner
that is likely to result in adverse effects on human health and the
environment,
Conscious of the potential climatic effects of emissions of these
substances,
Aware that measures taken to protect the ozone layer from depletion
should be based on relevant scientific knowledge, taking into account
technical and economic considerations,
Determined to protect the ozone layer by taking precautionary measures
to control equitably total global emissions of substances that deplete
it, with the ultimate objective of their elimination on the basis of
developments in scientific knowledge, taking into account technical and
economic considerations and bearing in mind the developmental needs of
developing countries,
Acknowledging that special provision is required to meet the needs of
developing countries, including the provision of additional financial
resources and access to relevant technologies, bearing in mind that the
magnitude of funds necessary is predictable, and the funds can be
expected to make a substantial difference in the world's ability to
address the scientifically established problem of ozone depletion and
its harmful effects,
Noting the precautionary measures for controlling emissions of certain
chlorofluorocarbons that have already been taken at national and
regional levels,
Considering the importance of promoting international co-operation in
the research, development and transfer of alternative technologies
relating to the control and reduction of emissions of substances that
deplete the ozone layer, bearing in mind in particular the needs of
developing countries,
HAVE AGREED AS FOLLOWS:
ARTICLE 1: DEFINITIONS
For the purposes of this Protocol:
1. "Convention" means the Vienna Convention for the Protection of the
Ozone Layer, adopted on 22 March 1985.
2. "Parties" means, unless the text otherwise indicates, Parties to this
Protocol.
3. "Secretariat" means the secretariat of the Convention.
4. "Controlled substance" means a substance in Annex A or in Annex B to
this Protocol, whether existing alone or in a mixture. It includes the
isomers of any such substance, except as specified in the relevant
Annex, but excludes, any controlled substance or mixture which is in a
manufactured product other than a container used for the transportation
or storage of that substance.
5. "Production" means the amount of controlled substances produced,
minus the amount destroyed by technologies to be approved by the Parties
and minus the amount entirely used as feedstock in the manufacture of
other chemicals. The amount recycled and reused is not to be considered
as "production".
6. "Consumption" means production plus imports minus exports of
controlled substances.
7. "Calculated levels" of production, imports, exports and consumption
means levels determined in accordance with Article 3.
8. "Industrial rationalization" means the transfer of all or a portion
of the calculated level of production of one Party to another, for the
purpose of achieving economic efficiencies or responding to anticipated
shortfalls in supply as a result of plant closures.
9. "Transitional substance" means a substance in Annex C to this
Protocol, whether existing alone or in a mixture. It includes the
isomers of any such substance, except as may be specified in Annex C,
but excludes any transitional substance or mixture which is in a
manufactured product other than a container used for the transportation
or storage of that substance.
ARTICLE 2: CONTROL MEASURES
1. (Incorporated in Article 2A as per the adjustments made in Second
Meeting of the Parties in London in 1990).
2. Replaced by Article 2B.
3 and 4. Replaced in Article 2A.
5. Any Party may, for one or more control periods, transfer to another
Party any portion of its calculated level of production set out in
Articles 2A to 2E, provided that the total combined calculated levels of
production of the Parties concerned for any group of controlled
substances do not exceed the production limits set out in those Articles
for that group. Such transfer of production shall be notified to the
Secretariat by each of the Parties concerned, stating the terms of such
transfer and the period for which it is to apply.
6. Any Party not operating under Article 5, that has facilities for the
production of Annex A or Annex B controlled substances under
construction, or contracted for, prior to 16 September 1987, and
provided for in national legislation prior to 1 January 1987, may add
the production from such facilities to its 1986 production of such
substances for the purposes of determining its calculated level of
production for 1986, provided that such facilities are completed by 31
December 1990 and that such production does not raise that Party's
annual calculated level of consumption of the controlled substances
above 0.5 kilograms per capita.
7. Any transfer of production pursuant to paragraph 5 or any addition of
production pursuant to paragraph 6 shall be notified to the secretariat,
no later than the time of the transfer or addition.
8. (a) Any Parties which are Members States of a regional economic
integration organization as defined in Article 1 (6) of the Convention
may agree that they shall jointly fulfil their obligations respecting
consumption under this Article and Articles 2A to 2E provided that their
total combined calculated level of consumption does not exceed the
levels required by this Article and Articles 2A to 2E.
(b) The Parties to any such agreement shall inform the secretariat of
the terms of the agreement before the date of the reduction in
consumption with which the agreement is concerned.
(c) Such agreement will become operative only if all Members States of
the regional economic integration organization and the organization
concerned are Parties to the Protocol and have notified the secretariat
of their manner of implementation.
9. (a) Based on the assessments made pursuant to Article 6, the Parties
may decide whether:
(i) Adjustments to the ozone depleting potentials specified in Annex A
and/or Annex B should be made and, if so, what the adjustments should
be; and
(ii) Further adjustments and reductions of production or
consumption of the controlled substances should be undertaken and, if
so, what the scope, amount and timing of any such adjustments and
reductions should be;
(b) Proposals for such adjustments shall be communicated to the Parties
by the secretariat at least six months before the meeting of the Parties
at which they are proposed for adoption;
(c) In taking such decisions, the Parties shall make every effort to
reach agreement by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, such decisions shall, as a last
resort, be adopted by a two-thirds majority vote of the Parties present
and voting representing a majority of the Parties operating under
Paragraph 1 of Article 5 present and voting and a majority of the
Parties not so operating present and voting.
(d) The decisions, which shall be binding on all Parties, shall
forthwith be communicated to the Parties by the Depositary. Unless
otherwise provided in the decisions, they shall enter into force on the
expiry of six months from the date of the circulation of the
communication by the Depositary.
10. Based on the assessments made pursuant to Article 6 of this Protocol
and in accordance with the procedure set out in Article 9 of the
Convention, the Parties may decide:
(i) Whether any substances, and if so which, should be added to or
removed from any annex to this Protocol; and
(ii) The mechanism, scope and timing of the control measures that should
apply to those substances.
11. Notwithstanding the provisions contained in this Article and
Articles 2A to 2E Parties may take more stringent measures than those
required by this Article and Articles 2A to 2E.
ARTICLE 2A: CFCs
1. Each Party shall ensure that for the twelve-month period commencing
on the first day of the seventh month following the date of entry into
force of this Protocol, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex A does not exceed its calculated level of consumption in 1986.
By the end of the same period, each Party producing one or more of these
substances shall ensure that its calculated level of production of the
substances does not exceed its calculated level of production in 1986,
except that such level may have increased by no more than ten per cent
based on the 1986 level. Such increase shall be permitted only so as to
satisfy the basic domestic needs of the Parties operating under Article
5 and for the purposes of industrial rationalization between Parties.
2. Each Party shall ensure that for the period from 1 July 1991 to 31
December 1992 its calculated levels of consumption and production of the
controlled substances in Group I of Annex A do not exceed 150 per cent
of its calculated levels of production and consumption of those
substances in 1986; with effect from 1 January 1993, the twelve-month
control period for these controlled substances shall run from 1 January
to 31 December each year.
3. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1995, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex A does not exceed, annually, fifty per cent of its calculated
level of consumption in 1986. Each Party producing one or more of these
substances shall, for the same periods, ensure that its calculated level
of production of the substances does not exceed, annually, fifty per
cent of its calculated level of production in 1986. However, in order to
satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to ten per cent of its calculated level of production
in 1986.
4. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1997, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex A does not exceed, annually, fifteen per cent of its calculated
level of consumption in 1986. Each Party producing one or more of these
substances shall, for the same periods, ensure that its calculated level
of production of the substances does not exceed, annually, fifteen per
cent of its calculated level of production in 1986. However, in order to
satisfy the basic domestic needs to the Parties operating under
paragraph 1 of Article 5, its calculated level of production in 1986.
5. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex A does not exceed zero. Each Party producing one or more of
these substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed zero. However, in
order to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of the production may
exceed that limit by up to fifteen per cent of its calculated level of
production in 1986.
6. In 1992, the Parties will review the situation with the objective of
accelerating the reduction schedule.
ARTICLE 2B: HALONS
1. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1992, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group II
of Annex A does not exceed, annually, its calculated level of
consumption in 1986. Each Party producing one or more of these
substances shall, for the same periods, ensure that its calculated level
of production of the substances does not exceed, annually, its
calculated level of production in 1986. However, in order to satisfy the
basic needs of the Parties operating under paragraph 1 of Article 5, its
calculated level of production may exceed that limit by up to ten per
cent of its calculated level of production in 1986.
2. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1995, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group II
of Annex A does not exceed, annually, fifty per cent of its calculated
level of consumption in 1986. Each Party producing one or more of these
substances shall, for the same periods, ensure that its calculated level
of production of the substances does not exceed, annually, fifty per
cent of its calculated level of production in 1986. However, in order to
satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to ten per cent of its calculated level of production
in 1986. This paragraph will apply save to the extent that the Parties
decide to permit the level of production or consumption that is
necessary to satisfy essential uses for which no adequate alternatives
are available.
3. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group II
of Annex A does not exceed zero. Each Party producing one or more of
these substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed zero. However, in
order to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to fifteen per cent of its calculated level of
production in 1986. This paragraph will apply save to the extent that
the Parties decide to permit the level of production or consumption that
is necessary to satisfy essential uses for which no adequate
alternatives are available.
4. By 1 January 1993, the Parties shall adopt a decision identifying
essential uses, if any, for the purposes of paragraphs 2 and 3 of this
Article. Such decision shall be reviewed by the Parties at their
subsequent meetings.
ARTICLE 2C: OTHER FULLY HALOGENATED CFCs
1. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1993, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex B does not exceed, annually, eighty per cent of its calculated
level of consumption in 1989. Each Party producing one or more of these
substances shall, for the same periods, ensure that its calculated level
of production of the substances does not exceed, annually, eighty per
cent of its calculated level of production in 1989. However, in order to
satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to ten per cent of its calculated level of production
in 1989.
2. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1997, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex B does not exceed, annually, fifteen per cent of its calculated
level of consumption in 1989. Each Party producing one or more of these
substances shall, for the same periods, ensure that its calculated level
of production of the substances does not exceed, annually, fifteen per
cent of its calculated level of production in 1989. However, in order to
satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to ten per cent of its calculated level of production
in 1989.
3. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
of Annex B does not exceed zero. Each Party producing one or more of
these substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed zero. However, in
order to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to fifteen per cent of its calculated level of
production in 1989.

ARTICLE 2D: CARBON TETRACHLORIDE
1. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1995, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group II
of Annex B does not exceed, annually, fifteen per cent of its calculated
level of consumption in 1989. Each Party producing the substance shall,
for the same periods, ensure that its calculated level of production of
the substance does not exceed, annually, fifteen per cent of its
calculated level of production in 1989. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of
Article 5, its calculated level of production may exceed that limit by
up to ten per cent of its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group II
of Annex B does not exceed zero. Each Party producing the substance
shall, for the same periods, ensure that its calculated level of
production of the substance does not exceed zero. However, in order to
satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to fifteen per cent of its calculated level of
production in 1989.
ARTICLE 2E: 1,1,1-TRICHLOROETHANE (METHYL CHLOROFORM)
1. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1993, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group III
of Annex B does not exceed, annually, its calculated level of
consumption in 1989. Each Party producing the substance shall, for the
same periods, ensure that its calculated level of production of the
substance does not exceed, annually, its calculated level of production
in 1989. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph 1 of Article 5, its calculated level
of production may exceed that limit by up to ten per cent of its
calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1995, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group III
of Annex B does not exceed, annually, seventy per cent of its calculated
level of consumption in 1989. Each Party producing the substance shall,
for the same periods, ensure that its calculated level of production of
the substance does not exceed, annually, seventy per cent of its
calculated level of consumption in 1989. However, in order to satisfy
the basic domestic needs of the Parties operating under paragraph 1 of
Article 5, its calculated level of production may exceed that limit by
up to ten per cent of its calculated level of production in 1989.
3. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2000, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group III
of Annex B does not exceed, annually, thirty per cent of its calculated
level of consumption in 1989. Each Party producing the substance shall,
for the same periods, ensure that its calculated level of production of
the substances does not exceed, annually, thirty per cent of its
calculated level of production in 1989. However, in order to satisfy the
basic domestic needs of Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to ten
per cent of its calculated level of production in 1989.
4. Each Party shall ensure that for the twelve-month period commencing
on 1 January 2005, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group III
of Annex B does not exceed zero. Each Party producing the substance
shall, for the same periods, ensure that its calculated level of
production of the substance does not exceed zero. However, in order to
satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to fifteen per cent of its calculated level of
production in 1989.
5. The Parties shall review, in 1992, the feasibility of a more rapid
schedule of reductions than that set out in this Article.
ARTICLE 3: CALCULATION OF CONTROL LEVELS
For the purposes of Articles 2, 2A to 2E and 5, each Party shall, for
each group of substances in Annex A or Annex B, determine its calculated
levels of:
(a) Production by:
(i) Multiplying its annual production of each controlled substance by
the ozone depleting potential specified in respect of it in Annex A or
Annex B;
(ii) Adding together, for each such Group, the resulting figures;
(b) Imports and exports, respectively, by following, mutatis mutandis,
the procedure set out in subparagraph (a); and
(c) Consumption by adding together its calculated levels of production
and imports and subtracting its calculated level of exports as
determined in accordance with subparagraphs (a) and (b). However,
beginning on 1 January 1993, any export of controlled substances to
non-Parties shall not be subtracted in calculating the consumption level
of the exporting Party.
ARTICLE 4: CONTROL OF TRADE WITH NON-PARTIES
1. As of 1 January 1990, each Party shall ban the import of the
controlled substances in Annex A from any State not Party to this
Protocol.
1 bis. Within one year of the date of the entry into force of this
paragraph, each Party shall ban the import of the controlled substances
in Annex B from any State not party to this Protocol.
2. As of 1 January 1993, each Party shall ban the export of any
controlled substances in Annex A to any State not party to this
Protocol.
2 bis. Commencing one year after the date of entry into force of this
paragraph, each Party shall ban the export of any controlled substances
in Annex B to any State not party to this Protocol.
3. By 1 January 1992, the Parties shall, following the procedures in
Article 10 of the Convention, elaborate in an annex a list of products
containing controlled substances in Annex A. Parties that have not
objected to the annex in accordance with those procedures shall ban,
within one year of the annex having become effective, the import of
those products from any State not party to this Protocol.
3 bis. Within three years of the date of the entry into force of this
paragraph, the Parties shall, following the procedures in Article 10 of
the Convention, elaborate in an annex a list of products containing
controlled substances in Annex B. Parties that have not objected to the
annex in accordance with those procedures shall ban, within one year of
the annex having become effective, the import of those products from any
State not party to this Protocol.
4. By 1 January 1994, the Parties shall determine the feasibility of
banning or restricting, from States not party to this Protocol, the
import of products produced with, but not containing, controlled
substances in Annex A. If determined feasible, the Parties shall,
following the procedures in Article 10 of the Convention, elaborate in
an annex a list of such products. Parties that have not objected to the
annex in accordance with those procedures shall ban, within one year of
the annex having become effective, the import of those products from any
State not party to this Protocol.
4 bis. Within five years of the date of the entry into force of this
paragraph, the Parties shall determine the feasibility of banning or
restricting, from States not party to this Protocol, the import of
products produced with, but not containing, controlled substances in
Annex B. If determined feasible, the Parties shall, following the
procedures in Article 10 of the Convention, elaborate in an annex a list
of such products. Parties that have not objected to the annex in
accordance with those procedures shall ban or restrict, within one year
of the annex having become effective, the import of those products from
any State not party to this Protocol.
5. Each Party undertakes to the fullest practicable extent to discourage
the export to any State not party to this Protocol of technology for
producing and for utilizing controlled substances.
6. Each Party shall refrain from providing new subsidies, aid, credits,
guarantees or insurance programmes for the export to States not party to
this Protocol of products, equipment, plants or technology that would
facilitate the production of controlled substances.
7. Paragraphs 5 and 6 shall not apply to products, equipment, plants or
technology that improve the containment, recovery, recycling or
destruction of controlled substances, promote the development of
alternative substances, or otherwise contribute to the reduction of
emissions of controlled substances.
8. Notwithstanding the provisions of this Article, imports referred to
in paragraphs 1, 1 bis, 3, 3 bis, 4, and 4 bis and exports referred to
in paragraphs 2 and 2 bis may be permitted from, or to, any State not
party to this Protocol if that State is determined, by a meeting of the
Parties, to be in full compliance with Article 2, Articles 2A to 2E and
this Article, and have submitted data to that effect as specified in
Article 7.
9. For the purposes of this Article, the term "State not Party to this
Protocol" shall include, with respect to a particular controlled
substance, a State or regional economic integration organization that
has not agreed to be bound by the control measures in effect for that
substance.
ARTICLE 5: SPECIAL SITUATION OF DEVELOPING COUNTRIES
1. Any Party that is a developing country and whose annual calculated
level of consumption of the controlled substances in Annex A is less
than 0.3 kilograms per capita on the date of the entry into force of the
Protocol for it, or any time thereafter until 1 January 1999 shall, in
order to meet its basic domestic needs, be entitled to delay for ten
years its compliance with the control measures set out in Articles 2A to
2E.
2. However, any Party operating under paragraph 1 of this Article shall
exceed neither an annual calculated level of consumption of the
controlled substances in Annex A of 0.3 kilograms per capita nor an
annual calculated level of consumption of controlled substances of Annex
B of 0.2 kilograms per capita.
3. When implementing the control measures set out in Articles 2A to 2E,
any Party operating under paragraph 1 of this Article shall be entitled
to use:
(a) For controlled substances under Annex A, either the average of its
annual calculated level of consumption for the period 1995 to 1997
inclusive or a calculated level of consumption of 0.3 kilograms per
capita, whichever is the lower, as the basis for determining its
compliance with the control measures.
(b) For controlled substances under Annex B, the average of its annual
calculated level consumption for the period 1998 to 2000 inclusive or a
calculated level of consumption of 0.2 kilograms per capita, whichever
is the lower, as the basis for determining its compliance with the
control measures.
4. If a Party operating under paragraph 1 of this Article, at any time
before the control measures obligations in Articles 2A to 2E become
applicable to it, finds itself unable to obtain an adequate supply of
controlled substances, it may notify this to the Secretariat. The
Secretariat shall forthwith transmit a copy of such notification to the
Parties, which shall consider the matter at their next Meeting, and
decide upon appropriate action to be taken.
5. Developing the capacity to fulfil the obligations of the Parties
operating under paragraph 1 of this Article to comply with the control
measures set out in Articles 2A to 2E and their implementation by those
same Parties will depend upon the effective implementation of the
financial co-operation as provided by Article 10 and the transfer of
technology as provided by Article 10A.
6. Any Party operating under paragraph 1 of this Article may, at any
time, notify the Secretariat in writing that, having taken all
practicable steps it is unable to implement any or all of the
obligations laid down in Articles 2A to 2E due to the inadequate
implementation of Articles 10 and 10A. The Secretariat shall forthwith
transmit a copy of the notification to the Parties, which shall consider
the matter at their next Meeting, giving due recognition to paragraph 5
of this Article and shall decide upon appropriate action to be taken.
7. During the period between notification and the Meeting of the Parties
at which the appropriate action referred to in paragraph 6 above is to
be decided, or for a further period if the Meeting of the Parties so
decides, the non-compliance procedures referred to in Article 8 shall
not be invoked against the notifying Party.
8. A Meeting of the Parties shall review, not later than 1995, the
situation of the Parties operating under paragraph 1 of this Article,
including the effective implementation of financial co-operation and
transfer of technology to them, and adopt such revisions that may be
deemed necessary regarding the schedule of control measures applicable
to those Parties.
9. Decisions of the Parties referred to in paragraph 4, 6 and 7 of this
Article shall be taken according to the same procedure applied to
decision-making under Article 10.
ARTICLE 6: ASSESSMENT AND REVIEW OF CONTROL MEASURES
Beginning in 1990, and at least every four years thereafter, the Parties
shall assess the control measures provided for in Article 2 and Articles
2A to 2E, and the situation regarding production, imports and exports of
the transitional substances in Group I of Annex C on the basis of
available scientific, environmental, technical and economic information.
At least one year before each assessment, the Parties shall convene
appropriate panels of experts qualified in the fields mentioned and
determine the composition and terms of reference of any such panels.
Within one year of being convened, the panels will report their
conclusions, through the Secretariat, to the Parties.
ARTICLE 7: REPORTING OF DATA
1. Each Party shall provide to the Secretariat, within three months of
becoming a Party, statistical data on its production, imports and
exports of each of the controlled substances in Annex A for the year
1986, or the best possible estimates of such data where actual data are
not available.
2. Each Party shall provide to the Secretariat statistical data on its
production, imports and exports of each of the controlled substances in
Annex B and each of the transitional substances in Group I of Annex C,
for the year 1989, or the best possible estimates of such data where
actual data are available, not later than three months after the date
when the provision set out in the Protocol with regard to the substances
in Annex B enter into force for that Party.
3. Each Party shall provide statistical data to the Secretariat on its
annual production (as defined in paragraph 5 of Article 1), and,
separately,
- amounts used for feedstocks,
- amounts destroyed by technologies approved by the Parties,
- imports and exports to Parties and non-Parties respectively,
of each of the controlled substances listed in Annexes A and B as well
as of the transitional substances in Group I of Annex C, for the year
during which provisions concerning the substances in Annex B entered
into force for that Party and for each year thereafter. Data shall be
forwarded not later than nine months after the end of the year to which
the data relate.
4. For parties operating under the provisions of paragraph 8 (a) of
Article 2, the requirements in paragraphs 1, 2 and 3 of this Article in
respect of statistical data on imports and exports shall be satisfied if
the regional economic integration organization concerned provides data
on imports and exports between the organization and States that are not
members of that organization.
ARTICLE 8: NON-COMPLIANCE
The Parties, at their first meeting, shall consider and approve
procedures and institutional mechanisms for determining non-compliance
with the provisions of this Protocol and for treatment of Parties found
to be in non-compliance.
ARTICLE 9: RESEARCH, DEVELOPMENT, PUBLIC
AWARENESS AND EXCHANGE OF INFORMATION
1. The Parties shall co-operate, consistent with their national laws,
regulations and practices and taking into account in particular the
needs of developing countries, in promoting, directly or through
competent international bodies, research, development and exchange of
information on:
(a) Best technologies for improving the containment, recovery,
recycling, or destruction of controlled and transitional substances or
otherwise reducing their emissions;
(b) Possible alternatives to controlled substances, to products
containing such substances, and to products manufactured with them; and
(c) Costs and benefits of relevant control strategies.
2. The Parties, individually, jointly or through competent international
bodies, shall co-operate in promoting public awareness of the
environmental effects of the emissions of controlled substances and
other substances that deplete the ozone layer.
3. Within two years of the entry into force of this Protocol and every
two years thereafter, each Party shall submit to the Secretariat a
summary of the activities it has conducted pursuant to this Article.
ARTICLE 10: FINANCIAL MECHANISM
1. The Parties shall establish a mechanism for the purposes of providing
financial and technical co-operation, including the transfer of
technologies, to Parties operating under paragraph 1 of Article 5 of
this Protocol to enable their compliance with the control measures set
out in Articles 2A to 2E of the Protocol. The mechanism, contributions
to which shall be additional to other financial transfers to Parties
operating under that paragraph, shall meet all agreed incremental costs
of such Parties in order to enable their compliance with the control
measures of the Protocol. An indicative list of the categories of
incremental costs shall be decided by the meeting of the Parties.
2. The mechanism established under paragraph 1 shall include a
Multilateral Fund. It may also include other means of multilateral,
regional and bilateral co-operation.
3. The Multilateral Fund shall:
(a) Meet, on a grant or concessional basis as appropriate, and according
to criteria to be decided upon by the Parties, the agreed incremental
costs;
(b) Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of Article 5, through
country specific studies and other technical co-operation, to identify
their needs for co-operation;
(ii) Facilitate technical co-operation to meet these identified needs;
(iii) Distribute, as provided for in Article 9, information and relevant
materials, and hold workshops, training sessions, and other related
activities, for the benefit of Parties that are developing countries;
and
(iv) Facilitate and monitor other multilateral, regional and bilateral
co-operation available to Parties that are developing countries;
(c) Finance the secretarial services of the Multilateral Fund and
related support costs.
4. The Multilateral Fund shall operate under the authority of the
Parties who shall decide on its overall policies.
5. The Parties shall establish an Executive Committee to develop and
monitor the implementation of specific operational policies, guidelines
and administrative arrangements, including the disbursement of
resources, for the purpose of achieving the objectives of the
Multilateral Fund. The Executive Committee shall discharge its tasks and
responsibilities, specified in its terms of reference as agreed by the
Parties, with the co-operation and assistance of the International Bank
for Reconstruction and Development (World Bank), the United Nations
Environment Programme, the United Nations Development Programme or other
appropriate agencies depending on their respective areas of expertise.
The members of the Executive Committee, which shall be selected on the
basis of a balanced representation of the Parties operating under
paragraph 1 of Article 5 and of the Parties not so operating, shall be
endorsed by the Parties.
6. The Multilateral Fund shall be financed by contributions from Parties
not operating under paragraph 1 of Article 5 in convertible currency or,
in certain circumstances, in kind and/or in national currency, on the
basis of the United Nations scale of assessments. Contributions by other
Parties shall be encouraged. Bilateral and, in particular cases agreed
by a decision of the Parties, regional co-operation may, up to a
percentage and consistent with any criteria to be specified by decision
of the Parties, be considered as a contribution to the Multilateral
Fund, provided that such co-operation, as a minimum:
(a) Strictly relates to compliance with the provisions of this Protocol;
(b) Provides additional resources; and
(c) Meets agreed incremental costs.
7. The Parties shall decide upon the programme budget of the
Multilateral Fund for each fiscal period and upon the percentage of
contributions of the individual Parties thereto.
8. Resources under the Multilateral Fund shall be disbursed with the
concurrence of the beneficiary Party.
9. Decisions by the Parties under this Article shall be taken by
consensus whenever possible. If all efforts at consensus have been
exhausted and no agreement reached, decisions shall be adopted by a
two-thirds majority vote of the Parties present and voting, representing
a majority of the Parties operating under paragraph 1 of Article 5
present and voting and a majority of the Parties not so operating
present and voting.
10. The financial mechanism set out in this Article is without prejudice
to any future arrangements that may be developed with respect to other
environmental issues.
ARTICLE 10A: TRANSFER OF TECHNOLOGY
Each Party shall take every practicable step, consistent with the
programmes supported by the financial mechanism, to ensure:
(a) That the best available, environmentally safe substitutes and
related technologies are expeditiously transferred to Parties operating
under paragraph 1 of Article 5; and
(b) That the transfers referred to in subparagraph (a) occur under fair
and most favourable conditions.
ARTICLE 11: MEETINGS OF THE PARTIES
1. The Parties shall hold meetings at regular intervals. The Secretariat
shall convene the first meeting of the Parties not later than one year
after the date of the entry into force of this Protocol and in
conjunction with a meeting of the Conference of the Parties to the
Convention, if a meeting of the latter is scheduled within that period.
2. Subsequent ordinary meetings of the parties shall be held, unless the
Parties otherwise decide, in conjunction with meetings of the Conference
of the Parties to the Convention. Extraordinary meetings of the Parties
shall be held at such other times as may be deemed necessary by a
meeting of the Parties, or at the written request of any Party, provided
that within six months of such a request being communicated to them by
the Secretariat, it is supported by at least one third of the Parties.
3. The Parties, at their first meeting, shall:
(a) Adopt by consensus rules of procedure for their meetings;
(b) Adopt by consensus the financial rules referred to in paragraph 2 of
Article 13;
(c) Establish the panels and determine the terms of reference referred
to in Article 6;
(d) Consider and approve the procedures and institutional mechanisms
specified in Article 8; and
(e) Begin preparation of workplans pursuant to paragraph 3 of Article
10.
4. The functions of meetings of the Parties shall be to:
(a) Review the implementation of this Protocol;
(b) Decide on any adjustments or reductions referred to in paragraph 9
of Article 2;
(c) Decide on any addition to, insertion in or removal from any annex of
substances and on related control measures in accordance with paragraph
10 of Article 2;
(d) Establish, where necessary, guidelines or procedures for reporting
of information as provided for in Article 7 and paragraph 3 of Article
9;
(e) Review requests for technical assistance submitted pursuant to
paragraph 2 of Article 10;
(f) Review reports prepared by the Secretariat pursuant to subparagraph
(c) of Article 12;
(g) Assess, in accordance with Article 6, the control measures and the
situation regarding transitional substances;
(h) Consider and adopt, as required, proposals for amendment of this
Protocol or any annex and for any new annex;
(i) Consider and adopt the budget for implementing this Protocol; and
(j) Consider and undertake any additional action that may be required
for the achievement of the purposes of this Protocol.
5. The United Nations, its specialized agencies and the International
Atomic Energy Agency, as well as any State not party to this Protocol,
may be represented at meetings of the Parties as observers. Any body or
agency, whether national or international, governmental or
non-governmental, qualified in fields relating to the protection of the
ozone layer which has informed the Secretariat of its wish to be
represented at a meeting of the Parties as an observer may be admitted
unless at least one third of the Parties present object. The admission
and participation of observers shall be subject to the rules of
procedure adopted by the Parties.
ARTICLE 12: SECRETARIAT
For the purposes of this Protocol, the Secretariat shall:
(a) Arrange for and service meetings of the Parties as provided for in
Article 11;
(b) Receive and make available, upon request by a Party, data provided
pursuant to Article 7;
(c) Prepare and distribute regularly to the Parties reports based on
information received pursuant to Articles 7 and 9;
(d) Notify the Parties of any request for technical assistance received
pursuant to Article 10 so as to facilitate the provision of such
assistance;
(e) Encourage non-Parties to attend the meetings of the Parties as
observers and to act in accordance with the provisions of this Protocol;
(f) Provide, as appropriate, the information and requests referred to in
subparagraphs (c) and (d) to such non-party observers; and
(g) Perform such other functions for the achievement of the purposes of
this Protocol as may be assigned to it by the Parties.
ARTICLE 13: FINANCIAL PROVISIONS
1. The funds required for the operation of this Protocol, including
those for the functioning of the Secretariat related to this Protocol,
shall be charged exclusively against contributions from the Parties.
2. The Parties, at their first meeting, shall adopt by consensus
financial rules for the operation of this Protocol.
ARTICLE 14: RELATIONSHIP OF THIS PROTOCOL TO THE CONVENTION
Except as otherwise provided in this Protocol, the provisions of the
Convention relating to its protocols shall apply to this Protocol.
ARTICLE 15: SIGNATURE
This Protocol shall be open for signature by States and by regional
economic integration organizations in Montreal on 16 September 1987, in
Ottawa from 17 September 1987 to 16 January 1988, and at United Nations
Headquarters in New York from 17 January 1988 to 15 September 1988.
ARTICLE 16: ENTRY INTO FORCE
1. This Protocol shall enter into force on 1 January 1989, provided that
at least eleven instruments of ratification, acceptance, approval of the
Protocol or accession thereto have been deposited by States or regional
economic integration organizations representing at least two-thirds of
1986 estimated global consumption of the controlled substances, and the
provisions of paragraph 1 of Article 17 of the Convention have been
fulfilled. In the event that these conditions have not been fulfilled by
that date, the Protocol shall enter into force on the ninetieth day
following the date on which the conditions have been fulfilled.
2. For the purposes of paragraph 1, any such instrument deposited by a
regional economic integration organization shall not be counted as
additional to those deposited by member States of such organization.
3. After the entry into force of this Protocol, any State or regional
economic integration organization shall become a Party to it on the
ninetieth day following the date of deposit of its instrument of
ratification, acceptance, approval or accession.

ARTICLE 17: PARTIES JOINING AFTER ENTRY INTO FORCE
Subject to Article 5, any State or regional economic integration
organization which becomes a Party to this Protocol after the date of
its entry into force, shall fulfil forthwith the sum of the obligations
under Article 2, as well as under Articles 2A to 2E, and Article 4, that
apply at that date to the States and regional economic integration
organizations that became Parties on the date the Protocol entered into
force.
ARTICLE 18: RESERVATIONS
No reservations may be made to this Protocol
ARTICLE 19: WITHDRAWAL
Any Party may withdraw from this Protocol by giving written notification
to the Depositary at any time after four years of assuming the
obligations specified in paragraph 1 of Article 2A. Any such withdrawal
shall take effect upon expiry of one year after the date of its receipt
by the Depositary, or on such later date as may be specified in the
notification of the withdrawal.
ARTICLE 20: AUTHENTIC TEXTS
The original of this Protocol, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED TO
THAT EFFECT, HAVE SIGNED THIS PROTOCOL.
DONE AT MONTREAL THIS SIXTEENTH DAY OF SEPTEMBER, ONE THOUSAND
NINE HUNDRED AND EIGHTY SEVEN.
Annex A
CONTROLLED SUBSTANCES
Ozone Depleting
Group Substance Potential*/
Group I CFCl3 (CFC-11) 1.0
CF2Cl2 (CFC-12) 1.0
C2F3Cl3 (CFC-113) 0.8
C2F4Cl2 (CFC-114) 1.0
C2F5Cl (CFC-115) 0.6
Group II
CF2BrCl (halon-1211) 3.0
CF3Br (halon-1301) 10.0
C2F4Br2 (halon-2402) 6.0
*/ These ozone depleting potentials are estimates based on existing
knowledge and will be reviewed and revised periodically.
Annex B
Controlled substances
Ozone-depleting
Group Substance potential
Group I
CF3Cl (CFC-13) 1.0
C2FCl5 (CFC-111) 1.0
C2F2Cl4 (CFC-112) 1.0
C3FCl7 (CFC-211) 1.0
C3F2Cl6 (CFC-212) 1.0
C3F3Cl5 (CFC-213) 1.0
C3F4Cl4 (CFC-214) 1.0
C3F5Cl3 (CFC-215) 1.0
C3F6Cl2 (CFC-216) 1.0
C3F7Cl (CFC-217) 1.0
Group II
CCl4 carbon tetrachloride 1.1
Group III
C2H3Cl3* 1,1,1-trichloroethane 0.1
(methyl chloroform)
* This formula does not refer to 1,1,2-trichloroethane.
Annex C
Transitional substances
Group Substance
Group I
CHFCl2 (HCFC-21)
CHF2Cl (HCFC-22)
CH2FCl (HCFC-31)
C2HFCl4 (HCFC-121)
C2HF2Cl3 (HCFC-122)
C2HF3Cl2 (HCFC-123)
C2HF4Cl (HCFC-124)
C2H2FCl3 (HCFC-131)
C2H2F2Cl2 (HCFC-132)
C2H2F3Cl (HCFC-133)
C2H3FCl2 (HCFC-141)
C2H3F2Cl (HCFC-142)
C2H4FCl (HCFC-151)
C3HFCl6 (HCFC-221)
C3HF2Cl5 (HCFC-222)
C3HF3Cl4 (HCFC-223)
C3HF4Cl3 (HCFC-224)
C3HF5Cl2 (HCFC-225)
C3HF6Cl (HCFC-226)
C3H2FCl5 (HCFC-231)
C3H2F2Cl4 (HCFC-232)
C3H2F3Cl3 (HCFC-233)
C3H2F4Cl2 (HCFC-234)
C3H2F5Cl (HCFC-235)
C3H3FCl4 (HCFC-241)
C3H3F2Cl3 (HCFC-242)
C3H3F3Cl2 (HCFC-243)
C3H3F4Cl (HCFC-244)
C3H4FCl3 (HCFC-251)
C3H4F2Cl2 (HCFC-252)
C3H4F3Cl (HCFC-253)
C3H5FCl2 (HCFC-261)
C3H5F2Cl (HCFC-262)
C3H6FCl (HCFC-271)

OZONE PROTECTION ACT 1989 - SCHEDULE 4

SCH

SCHEDULE 4 Section 38
CONTROL OF MANUFACTURE ETC. OF PRODUCTS
CONTAINING OR USING SCHEDULED SUBSTANCES
Dry cleaning machinery
1. (1) A person shall not manufacture or import machinery that is
intended for the dry cleaning of clothing or similar articles if the
machinery is capable of being operated using a scheduled substance.
(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or
import of machinery after the commencement of this Act;
(b) in the case of a stage-2 scheduled substance - to the manufacture or
import of machinery after the commencement of the Ozone Protection
Amendment Act 1992.
Automotive air conditioning maintenance kits
2. (1) A person shall not manufacture or import equipment that:
(a) is intended for use as, or as a part of, a kit for the maintenance
of automotive air conditioning units; and
(b) consists, wholly or partly, of a non-refillable container:
(i) that encloses a scheduled substance (whether alone or with another
substance); and
(ii) the contents of which, immediately after manufacture, weigh 5
kilograms or less.
(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or
import of equipment after 31 January 1989;
(b) in the case of a stage-2 scheduled substance - to the manufacture or
import of equipment after the commencement of the Ozone Protection
Amendment Act 1992.
Disposable containers of refrigerants
3. (1) A person shall not manufacture or import a product consisting of
a non-refillable container enclosing a scheduled substance (whether
alone or with another substance) if:
(a) the product is designed for use in the maintenance of refrigerative
units (including air conditioning units); and
(b) the contents of the non-refillable container, immediately after
manufacture, weigh 5 kilograms or less.
(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or
import of products after 30 June 1989;
(b) in the case of a stage-2 scheduled substance - to the manufacture or
import of products after the commencement of the Ozone Protection
Amendment Act 1992.
Extruded polystyrene packaging and insulation
4. (1) A person shall not manufacture or import a polystyrene product
if:
(a) either:
(i) the product contains a scheduled substance; or
(ii) a scheduled substance was used in the manufacture of the product;
and
(b) the product is intended for use as packaging or as thermal
insulating material.
(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or
import of products after 31 December 1989;
(b) in the case of a stage-2 scheduled substance - to the manufacture or
import of products after the commencement of the Ozone Protection
Amendment Act 1992.
Aerosol products
5. (1) A person shall not manufacture or import an aerosol product that
contains a scheduled substance unless the manufacture or importation is
in accordance with an exemption granted to the person under section 40.
(2) This clause applies as follows:
(a) in the case of a stage-1 scheduled substance - to the manufacture or
import of products after 31 December 1989;
(b) in the case of a stage-2 scheduled substance (other than methyl
chloroform) - to the manufacture or import of products after the
commencement of the Ozone Protection Amendment Act 1992;
(c) in the case of methyl chloroform - to the manufacture or import of
products after whichever is the later of the following times:
(i) the commencement of the Ozone Protection Amendment Act 1992;
(ii) the end of 31 December 1992.