Commonwealth Numbered Regulations - Explanatory Statements

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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 296

Section 70 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) provides in part that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsections 46 (1B) and (1C) of the Act provide that each person who imports or exports a synthetic greenhouse gas, or imports refrigeration and air conditioning equipment containing hydrochlorofluorocarbons (HCFCs) or hydrofluorocarbons (HFCs) must give a report in accordance with the regulations to the Minister within 15 days after the end of the quarter in which the import or export occurred.

The purpose of the Regulations is to:

•       reorganise the parts and sections of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations) in order to correspond with appropriate parts and sections of the Act;

•       prescribe the information that should be included in a report on import or export of synthetic greenhouse gases; and

•       prescribe the information that should be included in a report on import of refrigeration and air conditioning equipment that contains HCFCs or HFCs.

A comprehensive reporting regime on the import, export and manufacture of the gases described above is necessary to ensure that companies and individuals are complying with the Act. The information gathered from these reports will enable the Australian Government and industry to be better informed in developing further policy and to meet international obligations to report on the use and emissions of synthetic greenhouse gases under the United Nations Framework Convention on Climate Change.

Details of the Regulations are in the Attachment.

The Act species no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations commence on the date of their notification in the Gazette.

Attachment

Details of the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2004 (No. 1)

Regulation 1 Provides that the Regulations are to be known as the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2004 (No. 1).

Regulation 2 Provides that the Regulations commence on the date of their notification in the Gazette.

Regulation 3 Provides that the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1       Item 1 inserts a title creating a preliminary part at the beginning of the Principal Regulations.

Item 2 inserts a title creating a Part 3 on licences after regulation 2.

Item 3 omits regulation 4. This regulation provides that the application fee of $3000 is payable for an exemption from the requirement not to import certain products listed in Schedule 4 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) that contain ozone-depleting substances. This regulation is replaced by regulation 80.

Item 4 inserts a Part 5 title on Manufacture of products using scheduled substances and insert a new regulation 80. Regulation 80 sets the application fee for an exemption under Section 40 of the Act omitted by item 3 above. The fee remains at $3000.

Item 4 also inserts a title for a Part 6A on Disposal and use of scheduled substances.

Item 4 also inserts a Part 7 title on Reports and records, and regulation 900.

Regulation 900 prescribes reporting and record requirements for persons importing or exporting synthetic greenhouse gases (SGG). Sub-regulation 900 (1) defines the meaning of the categories 'exotic SGG' and 'secondary SGG' for reporting purposes.

Sub-regulation 900 (2) prescribes that a report under subsection 46 (1B) of the Act must comply with regulation 900.

Sub-regulation 900 (3) prescribes that a report under sub-regulation 900 (2) needs to be kept for 7 years from the date it is submitted to the Minister.

Sub-regulation 900 (4) prescribes that a person must include certain information in the report, including:

•       the name and address of the licensee; and

•       the import and export licence number issued under the Act; and

•       the quarter under which the report is made; and

•       the amount of HFC-134a that was imported and/or exported, if any; and

•       the species and total carbon dioxide equivalent of secondary SGG imported and/or exported, if any, as described in Table 900-1; and

•       the total carbon dioxide equivalent of any exotic SGG imported and/or exported, if any, as described in Table 900-2 and if any perfluorocarbons (items 9 to 15 of table 900-2) have been included in the total.

Sub-regulation 900 (5) prescribes the method by which the total carbon dioxide equivalent is be determined by multiplying the weight in tonnes of:

•       HCF-134a by 1300; or

•       a secondary SGG by the corresponding carbon dioxide equivalent in column 3 of table 900-1; or

•       an exotic SGG by the corresponding carbon dioxide equivalent in column 3 of table 900-2.

Table 900-1 prescribes the species of SGGs that are included in the category of secondary SGGs in column 2, and the carbon dioxide equivalent multiplication factor that is required in order to determine the carbon dioxide equivalent of that species of SGG for the purpose of the requirement under sub-regulation 900(4).

Table 900-2 prescribes the species of SGGs that are included in the category of exotic SGGs in column 2, and the carbon dioxide equivalent multiplication factor that is required in order to determine the carbon dioxide equivalent of that species of SGG.

Regulation 901 under item 4 prescribes reporting and record requirements for persons importing refrigeration and air conditioning equipment containing an ozone depleting substance or a synthetic greenhouse gas (SGG).

Sub-regulation 900 (1) defines the meaning of the term of 'category of pre-charged equipment' as used in table 901.

Sub-regulation 901(2) prescribes that a report under subsection 46 (1C) of the Act must comply with regulation 901.

Sub-regulation 901 (3) prescribes that a report under subregulation 901 (2) needs to be kept for 7 years from the date it is submitted to the Minister.

Sub-regulation 901 (4) prescribes that a person must include certain information in the report, including:

•       the name and address of the licensee; and

•       the import licence number issued under the Act; and

•       the quarter under which the report is made; and

•       the number of units of each category of pre-charged equipment that were imported in the quarter, if any; and

•       if the equipment contained an HFC, the total amount of HFC imported in the quarter; and

•       if the equipment contained an HCFC, the total amount of HCFC imported in the quarter; and

•       the total amount of each kind of HFC and each kind of HCFC contained in each category.

Table 901 prescribes the categories of pre-charged equipment that are required for reporting purposes.