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SR 1993 No. 359 Regulations as made
Principal Regulations
Tabling HistoryDate
Tabled HR01-Feb-1994
Tabled Senate01-Feb-1994
Gazetted 23 Dec 1993
Date of repeal 12 Dec 1995
Repealed by Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations (Repeal)

Statutory Rules 1993   No. 3591

__________________

Ozone Protection (HCFC, HBFC and
Methyl Bromide) Regulations2

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Ozone Protection Act 1989.

Dated 15 December 1993.

 

                                                                                     BILL HAYDEN

                                                                                    Governor-General

By His Excellency’s Command,

 

 

R.KELLY

Minister for the Environment, Sport and Territories

____________

Citation

               1.   These Regulations may be cited as the Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations.


Commencement

               2.   (1)    These Regulations, other than Part 2, commence on 1 June 1994.

             (2)   Part 2 of these Regulations commences on 1 January 1995.

[NOTE:       The remainder of these Regulations commence on gazettal:  see Acts Interpretation Act 1901, s.48.]

Interpretation

               3.   In these Regulations, unless the contrary intention appears:

“amended Protocol” means the Montreal Protocol on Substances that Deplete the Ozone Layer as amended by the Amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer adopted by the Fourth Meeting of the Parties at Copenhagen on 23 November 1992 to 25 November 1992;

“applicant” means a person who applies for a licence to import or manufacture a Schedule 1 substance;

“HBFC” means a substance specified in Part 1 of Schedule 1;

“HCFC” means a substance specified in Part 2 of Schedule 1;

“licensee” means a person who has been granted a licence to import or manufacture a Schedule 1 substance;

“methyl bromide” means a substance specified in Part 3 of Schedule 1;

“non-protocol country” means a country which is not a party to the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer adopted by the Fourth Meeting of the Parties at Copenhagen on 23 November 1992 to 25 November 1992;

“Schedule 1 substance” means a substance specified in Part 1, 2 or 3 of Schedule 1.

PART 1—LICENCES

HCFC — No import or manufacture without a licence

               4.   A person must not import or manufacture an HCFC on or after 1 January 1996 without a licence.

Penalty:       10 penalty units.

HBFC — No import or manufacture without a licence

               5.   A person must not import or manufacture an HBFC on or after 1 January 1996 without a licence.

Penalty:       10 penalty units.

Methyl bromide — No import or manufacture without a licence

               6.   A person must not import or manufacture methyl bromide on or after 1 January 1995 without a licence.

Penalty:       10 penalty units.

Application for a licence

               7.   (1)    An application for a licence may be made to the Minister.

             (2)   The application must be in accordance with Form 1 in Schedule 2.

Minister may request further information

               8.   The Minister may, within 60 days after an application for a licence is made, give the applicant written notice requiring the applicant to give the Minister further information which relates to the application and is referred to in the notice.

Grant of licence

               9.   (1)    The Minister may grant a licence to an applicant.

             (2)   The licence must be in accordance with Form 2 in Schedule 2.

             (3)   The licence must:

             (a)   specify the Schedule 1 substance to which the licence relates; and

             (b)   specify whether the licence relates to the importation or manufacture of the substance.

             (4)   The licence comes into effect on the day on which it is signed by the Minister.

             (5)   The Minister must not grant a licence to an applicant unless the applicant is a fit and proper person to be granted a licence.

             (6)   Without limiting the matters which may be taken into account in determining whether an applicant is a fit and proper person, the following matters may be taken into account:

             (a)   any conviction of the applicant for an offence against the Act, the Ozone Protection Regulations or these Regulations committed within the period of 10 years immediately before the application was made;

             (b)   any conviction of the applicant for an offence against a law of the Commonwealth, or of a State or Territory, that is punishable by imprisonment for a period of 6 months or longer, being an offence committed within the period of 10 years immediately before the application was made;

             (c)   whether the applicant 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)   whether the applicant made any statement in the application that was false or misleading in a material particular;

             (e)   if any statement by the applicant in the application was false or misleading in a material particular:

                          (i)   the nature of the statement; and

                         (ii)   whether the applicant knew that the statement was false or misleading.

[NOTE:            Part VIIC of the Crimes Act 1914  limits the extent to which convictions                          which have been pardoned or quashed or which are spent can be taken into                 account.]

Refusal of application

             10.   The Minister may refuse an application for a licence by giving the applicant written notice of the refusal and of the reasons for the refusal.

When application is taken to be refused

             11.   (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 for further information under regulation 8, the Minister is taken to have refused the application on the last of the 60 days.

             (2)   If:

             (a)   the Minister makes a request under regulation 8; and

             (b)   the applicant gives the Minister the further information requested; and

             (c)   at the end of 60 days after the further information is given, the Minister has not granted a licence to the applicant;

the Minister is taken to have refused the application on the last of the 60 days.

Licence may be granted subject to conditions

             12.   (1)    A licence may be granted subject to any conditions specified in the licence.

             (2)   The Minister may, by written notice given to the holder of a licence:

             (a)   impose one or more further conditions upon the licence; or

             (b)   revoke or vary any condition of the licence.

                 

             (3)   Without limiting the kinds of conditions to which the licence may be subject, a licence may be subject to conditions of the following kinds:

             (a)   conditions relating to the nature and quantity of a particular Schedule 1 substance that the licensee may manufacture or import, as the case may be, during a quarter to which the licence relates;

             (b)   in the case of a licence to import a substance—conditions relating to the countries from which a particular Schedule 1 substance may be imported;

             (c)   conditions prohibiting the licensee from doing anything that would otherwise be permitted by the licence unless the licensee also holds another type of licence;

             (d)   conditions relating to the purpose or purposes for which a particular Schedule 1 substance may be manufactured or imported, as the case may be;

             (e)   conditions requiring the licensee to give written reports to the Minister;

              (f)   conditions necessary to ensure Australia’s compliance with the amended Protocol.

Contravention of a licence condition

             13.   A licensee must not, without reasonable excuse, contravene a condition of a licence.

Penalty:       10 penalty units.

Duration of licence

             14.   A licence remains in force for the period, not exceeding 10 years, that is specified in the licence.

Renewal of licence

             15.   (1)   A licensee may, at any time within 6 months before a licence expires, apply for renewal of the licence.

                 

             (2)   The application:

             (b)   must be made to the Minister; and

             (a)   must be in accordance with Form 3 in Schedule 2.

             (3)   The Minister may, within 60 days after an application for renewal has been made, give the applicant written notice requiring the applicant to give the Minister further information which relates to the application and is referred to in the notice.

             (4)   The Minister must not renew the licence unless the applicant is a fit and proper person to be a licensee.

             (5)   Without limiting the matters which may be taken into account in determining whether an applicant is a fit and proper person, the Minister may take into account the matters specified in paragraphs 9 (6) (a) to (e) (inclusive), as if the application for renewal were an application for a licence.

             (6)   The Minister may refuse an application for renewal by giving the applicant written notice of the refusal and of the reasons for the refusal.

             (7)   If, at the end of 60 days after an application for renewal of a licence is made, the Minister has neither granted a licence nor made a request for further information under subsection (3), the Minister is taken to have refused the application on the last of the 60 days.

                 

(8)         If:

             (a)   the Minister makes a request for further information under subsection (3); and

             (b)   the applicant gives the Minister the further information requested; and

             (c)   at the end of the 60 days after the request was made, the Minister has not granted the renewal of the licence to the applicant;

the Minister is taken to have refused the application on the last of the 60 days.

 

Cancellation of licence

             16.   (1)    The Minister may cancel a licence if:

             (a)   the licensee is no longer a fit and proper person to hold a licence; or

             (b)   any of the conditions of the licence have been contravened.

             (2)   Without limiting the matters which the Minister may take into account in determining whether a licensee is a fit and proper person for the purposes of paragraph (1) (a), the Minister may take into account:

             (a)   any conviction of the licensee for an offence against the Act, the Ozone Protection Regulations or these Regulations committed within the period of 10 years immediately before the cancellation; and

             (b)   any conviction of the licensee for an offence against a law of the Commonwealth, or of a State or Territory that is punishable by imprisonment for a period of 6 months or longer, being an offence committed within the period of 10 years immediately before the cancellation; and

             (c)   whether the licensee 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; and

             (d)   whether the licensee made any statement in the application that was false or misleading in a material particular; and

             (e)   if any statement by the licensee in the application was false or misleading in a material particular;

                          (i)   the nature of the statement; and

                         (ii)   whether the licensee knew that the statement was false or misleading.

[NOTE:            Part VIIC of the Crimes Act 1914  limits the extent to which convictions                          which have been pardoned or quashed or which are spent can be taken into                 account.]

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

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

Surrender of licence

             17.   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.

PART 2—RESTRICTIONS ON IMPORT AND EXPORT OF HBFC’S

Importing  HBFC’s from non-protocol countries

             18.   A person must not import an HBFC from a non-protocol country.

Penalty:       10 penalty units.

Exporting HBFC’s to non-Protocol countries

             19.   A person must not export an HBFC to a non-protocol country.

Penalty:       10 penalty units.

PART 3—RECORDS AND REPORTS

Report on import, export and manufacture of HBFC in 1989

             20.   Any person who imported, exported or manufactured an HBFC in 1989 must, within 2 months after the commencement of these Regulations, lodge a report with the Minister setting out:

             (a)   the quantity of each HBFC imported in 1989; and

             (b)   the quantity of each HBFC exported in 1989; and

             (c)   the quantity of each HBFC manufactured in 1989.

Penalty:       10 penalty units.

Minister must publish notice for 1989

             21.   The Minister must, within 3 months after the commencement of these Regulations, publish in the Gazette a notice setting out:

             (a)   the quantity of each HBFC imported in 1989; and

             (b)   the quantity of each HBFC exported in 1989; and

             (c)   the quantity of each HBFC manufactured in 1989.

Report on import, export and manufacture of methyl bromide in 1991

             22.   (1)    Any person who imported, exported or manufactured methyl bromide in 1991 must, within 2 months after the commencement of these Regulations, lodge a report with the Minister setting out:

             (a)   the quantity of methyl bromide imported in 1991; and

             (b)   the quantity of methyl bromide exported in 1991; and

             (c)   the quantity of methyl bromide manufactured in 1991.

Penalty:       10 penalty units.

 

Minister must publish notice for 1991

             23.   The Minister must, within 3 months after the commencement of these Regulations, publish in the Gazette a notice setting out:

             (a)   the quantity of methyl bromide imported in 1991; and

             (b)   the quantity of methyl bromide exported in 1991; and

             (c)   the quantity of methyl bromide manufactured in 1991.

Records to be kept for Schedule 1 substances

             24.   A person who is, at any time in a month, a licensee in relation to a Schedule 1 substance must keep a record in writing of the following:

             (a)   the quantities of that substance imported by the person in the month;

             (b)   the quantities of that substance exported by the person in the month;

             (c)   the quantities of that substance manufactured by the person in the month;

             (d)   for each quantity of that substance that is imported by the person in the month:

                          (i)   the date of importation; and

                         (ii)   the full name and address of the person from whom it was imported; and

                       (iii)   the place at which it was discharged from the ship or aircraft on which it was carried; and

                        (iv)   if it was imported on a ship—the name of the ship; and

                         (v)   if it was imported on an aircraft—the flight number of the flight on which it was carried;

             (e)   for each quantity of that substance that is exported by the person in the month:

                          (i)   the date of exportation; and

                         (ii)   the full name and address of the person to whom it was exported; and

                       (iii)   the place at which it was loaded on the ship or aircraft on which it was carried; and

                        (iv)   if it was exported on a ship—the name of the ship; and

                         (v)   if it was exported on an aircraft—the flight number of the flight on which it was carried.

Penalty:   10 penalty units.

Reports on methyl bromide — 1 January 1995 onwards

             25.   (1)    A person who imports, exports or manufactures methyl bromide during a quarter that commences on or after 1 January 1995 must, within 15 days after the quarter ends, lodge a written report with the Minister setting out:

             (a)   the quantity of methyl bromide manufactured by the person during the quarter; and

             (b)   the quantity of methyl bromide manufactured by the person during the quarter for use as feedstock; and

             (c)   the name of each country from which methyl bromide was imported and the quantity imported from that country during the quarter; and

             (d)   the quantity of methyl bromide imported by the person during the quarter for use as feedstock; and

             (e)   the name of each country to which methyl bromide was exported and the quantity exported to that country during the quarter; and

              (f)   the quantity of methyl bromide destroyed by the person during the quarter.

Penalty:       10 penalty units.

Reports on HBFC’s — 1 January 1996 onwards

             26.   A person who imports, exports or manufactures an HBFC during a quarter that commences on or after 1 January 1996 must, within 15 days after the quarter ends, lodge a written report with the Minister specifying:

             (a)   the quantity of each HBFC manufactured by the person during the quarter; and

             (b)   the quantity of each HBFC manufactured by the person during the quarter for use as feedstock; and

             (c)   the name of each country from which each HBFC was imported and the quantity imported from that country during the quarter; and

             (d)   the quantity of each HBFC imported by the person during the quarter for use as feedstock; and

             (e)   the name of each country to which each HBFC was exported and the quantity exported to that country during the quarter; and

              (f)   the quantity of each HBFC destroyed by the person during the quarter.

Penalty:       10 penalty units.

Reports on HCFC’s — 1 January 1996 onwards

             27.   A person who imports, exports or manufactures an HCFC during a quarter that commences on or after 1 January 1996 must, within 15 days after the quarter ends, lodge a written report with the Minister specifying:

             (a)   the quantity of each HCFC manufactured by the person during the quarter; and

             (b)   the quantity of each HCFC manufactured by the person during the quarter for use as feedstock; and

             (c)   the name of each country from which each HCFC was imported and the quantity imported from that country during the quarter; and

             (d)   the quantity of each HCFC imported by the person during the quarter for use as feedstock; and

             (e)   the name of each country to which each HCFC was exported and the quantity exported to that country during the quarter; and

              (f)   the quantity of each HCFC destroyed by the person during the quarter.

Penalty:       10 penalty units.

Reports on recycled HCFC’s — 1 January 1996 onwards

             28.   (A person who, during a quarter that commences on or after 1 January 1996, imports or exports an HCFC that has been recycled, must, within 15 days after the quarter ends, lodge a written report with the Minister specifying the quantity of each recycled HCFC imported or exported.

Penalty:       10 penalty units.

 

 

 

PART 4 — MISCELLANEOUS

False statements

             29.   (1)    A person must not, in relation to an application for a licence, an application for the variation of a licence, or an application for renewal of a licence, 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:       10 penalty units

             (2)   A person must not knowingly or recklessly include in a report given to the Minister under Part 3, or a record kept under Part 3, a statement that is false or misleading in a material particular.

Penalty:       10 penalty units

             (3)   A person must not knowingly or recklessly include in a report given to the Minister in accordance with a condition of a licence a statement that is false or misleading in a material particular.

Penalty:       10 penalty units

Review of decisions

             30.   Application under the Administrative Appeals Tribunal Act 1975 may be made to the Administrative Appeals Tribunal for a review of a decision of the Minister:

             (a)   to refuse to grant a licence under regulation 10 or 11; and

             (b)   to specify, impose, revoke or vary a licence condition under regulation 12; and

             (b)   to refuse to renew a licence under subregulations 14 (6), (7) or (8); and

             (c)   to cancel a licence under regulation 16.

________________


Schedule 1

 

HCFC’s, HBFC’s and methyl bromide

Part 1—HBFC’s

                                                                                                              

Substance

Common Name

 

CHFBr2

 

CHF2Br

HBFC-22B1

CH2FBr

 

C2HFBr4

 

C2HF2Br3

 

C2HF3Br2

 

C2HF4Br

 

C2H2FBr3

 

C2H2F2Br2

 

C2H2F3Br

 

C2H3FBr2

 

C2H3F2Br

 

C2H4FBr

 

C3HFBr6

 

C3HF2Br5

 

C3HF3Br4

 

C3HF4Br3

 

C3HF5Br2

 

C3HF6Br

 

C3H2FBr5

 

C3H2F2Br4

 

C3H2F3Br3

 

C3H2F4Br2

 

C3H2F5Br

 

C3H3FBr4

 

C3H3F2Br3

 

C3H3F3Br2

 

C3H3F4Br

 

C3H4FBr3

 

C3H4F2Br2

 


SCHEDULE 1—continued

 

C3H4F3Br

 

C3H5FBr2

 

C3H5F2Br

 

C3H6FBr

 

 

Part 2—HCFC’s

 

Substance

Common Name

 

CHFCl2

HCFC-21

CHF2Cl

HCFC-22

CH2FCl

HCFC-31

C2HFCl4

HCFC-121

C2HF2Cl3

HCFC-122

C2HF3Cl2

HCFC-123

CHCl2CF3

HCFC-123

C2HF4Cl

HCFC-124

CHFClCF3

HCFC-124

C2H2FCl3

HCFC-131

C2H2F2Cl2

HCFC-132

C2H2F3Cl

HCFC-133

C2H3FCl2

HCFC-141

CH3CFCl2

HCFC-141b

C2H3F2Cl

HCFC-142

CH3CF2Cl

HCFC-142b

C2H4FCl

HCFC-151

C3HFCl6

HCFC-221

C3HF2Cl5

HCFC-222

C3HF3Cl4

HCFC-223

 

 

SCHEDULE 1—continued

 

C3HF4Cl3

HCFC-224

C3HF5Cl2

HCFC-225

CF3CF2CHCl2

HCFC-225ca

CF2ClCF2CHClF

HCFC-225cb

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

 

Part 3—Methyl bromide

 

Substance

Common Name

 

CH3Br

Methyl bromide


Schedule 2—Forms

FORM 1                         Subregulation 7 (1)

COMMONWEALTH OF AUSTRALIA

Ozone Protection Act 1989

Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations

 

APPLICATION FOR A LICENCE

 

Activity for which licence requested:   (import or manufacture)

Substance for which licence requested:        (for example, C3H6FBr)

Quantity of substance to be imported or manufactured:

 

(To be completed if the applicant is a natural person)

Full name of applicant:

Address of applicant:

Address of applicant for correspondence:

Telephone No. of applicant:

Fax No. of applicant:

Name of contact person (if not applicant):

Address of contact person:

Telephone No. of contact person:     

Fax No. of contact person:

 

Dated:                                      Signature of applicant:

(To be completed if the applicant is a corporation)

Name of applicant:

A.C.N. of applicant:

Registered office of applicant:

Telephone No. of applicant:

Fax No. of applicant:

State, Territory or place outside Australia
in which applicant is incorporated:

Names of all directors of the applicant:

 

Name of each other corporation of which each director of the applicant has, within the past ten years, been a director and the State, Territory or place outside Australia in which that company is, or was, incorporated:

 

 

Name of contact person (if not applicant):

Address of contact person:

Telephone No. of contact person:

Fax No. of contact person:

Date:                                                 Signature:

                                                                   Capacity:

(NOTE:      If the applicant is a corporation, the form must be signed by the director, secretary or principal executive officer of the corporation)


FORM 2               Subregulation 9 (2)

COMMONWEALTH OF AUSTRALIA

Ozone Protection Act 1989

Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations

LICENCE No.1

Substance 2

 

 

 

I,3                                                                                        , Minister for4                 under Regulation 9 (1) of the Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations, grant a licence to5                            in relation to the following activity:6

 

 

 

This licence is granted subject to the following conditions:7

 

 

 

 

Dated8

 

 

Minister for4

 

1.       insert number of  licence

2.       insert “HBFC”, “HCFC’ or “methyl bromide”, as appropriate

3.       insert full name of Minister in block letters

4.       insert complete title of  Minister

5.       insert full name of licence holder

6.       insert activity

7.       insert conditions

8.       insert date

 

FORM 3                        Paragraph 15 (2) (a)

COMMONWEALTH OF AUSTRALIA

 

Ozone Protection Act 1989

Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations

 

APPLICATION FOR RENEWAL OF A LICENCE

 

Licence No. of existing licence:                     Date issued:

Activity for which licence renewal requested:         (import or manufacture)

Substance for which licence renewal requested:     (for example, C3H6FBr)

Quantity of substance to be imported or manufactured:

 

(To be completed if the applicant is a natural person)

Full name of applicant:

Address of applicant:

Address of applicant for correspondence:

Telephone No. of applicant:

Fax No. of applicant:

Name of contact person (if not applicant):

Address of contact person:

Telephone No. of contact person:     

Fax No. of contact person:

 

Dated:                                      Signature of applicant:

(To be completed if the applicant is a corporation)

Name of applicant:

A.C.N. of applicant:

Registered office of applicant:

Telephone No. of applicant:

Fax No. of applicant:

State, Territory or place outside Australia
in which applicant is incorporated:

Names of all directors of the applicant:

 

Name of each other corporation of which each director of the applicant has, within the past ten years, been a director and the State, Territory or place outside Australia in which that company is, or was, incorporated:

 

Name of contact person (if not applicant):

Address of contact person:

Telephone No. of contact person:

Fax No. of contact person:

Date:                                                 Signature:

                                                                   Capacity:

(NOTE:      If the applicant is a corporation, the form must be signed by the director, secretary or principal executive officer of the corporation)


NOTE

1.   Notified in the Commonwealth of Australia Gazette on  23 December 1993.