EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 217

 

–Issued by the authority of the Minister for the Environment and Water Resources

 

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

 

Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2007 (No. 1)

 

Section 70 of the Ozone Protection and Synthetic Greenhouse Gas Management

Act 1989 (the Act) provides 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, 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.

 

Paragraph 14(1)(aa) of the Act provides that an application for a controlled substances, essential uses or used substances licence must be accompanied by the prescribed fee, unless the fee has been waived in accordance with the regulations.

Paragraph 40(2)(b) of the Act provides that an application for an exemption from the prohibition under subsection 38(1) must be accompanied by the prescribed fee, unless the fee has been waived in accordance with the regulations.

Subsection 45A(1) of the Act enables regulations to be made regulating the sale or purchase, or any other acquisition or disposal, of ‘scheduled substances’ as identified in Schedule 1, whether alone or in a mixture (paragraph 45A(1)(a)), regulating the storage, use or handling of scheduled substances (paragraph 45A(1)(b)), and conferring functions on persons or bodies (including non-government bodies) in relation to matters covered by paragraphs (a), (b) or (c) (paragraph 45A(1)(d)).

 

The purpose of the Regulations is to make minor administrative amendments in the existing arrangements for licence fee waivers, the publication of licences and the operation of refrigeration and air conditioning, methyl bromide and fire protection regulations. The Regulations also include new provisions allowing for the discharge of scheduled substances in certain prescribed circumstances.

 

The Regulations have been prepared in response to changes in industry and government procedures and the approval of new qualifications for the handling of scheduled substances, and will improve the operation of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations). The aim of the Regulations is to streamline the existing operational provisions of the Principal Regulations and better meet the objectives of the Act.

 

The Regulations:

·        expand the current waiver provisions of licence application fees to also include essential uses and used substances licences;

·        allow for the publication of licences granted or cancelled on the Department of Environment and Water Resources’ website;

·        make additional provisions for the granting of trainee refrigerant handling licenses;

·        insert new National Quality Council (NQC) endorsed qualifications for refrigeration and air conditioning (RAC) refrigerant handling licences;

·        allow RAC licence holders to only use refillable containers for refrigerant storage;

·        clarify the conditions on RAC authorisation holders;

·        make certain offences of handling refrigerant and extinguishing agents offences of strict liability to ensure consistency with other offences in the Principal Regulations;

·        ensure fit and proper person checks for RAC and fire protection industry permits;

·        allow for the Minister to receive copies of records of sale and use from an approved person using methyl bromide upon written request;

·        make provision for a transitional experienced persons category for extinguishing agent handling licences within the fire protection regulations;

·        include competency units for extinguishing agent handling licences;

·        update a range of definitions within the Principal Regulations;

·        make provision to enable the Minister to declare a start up date for a ban on the unauthorised discharge of ozone depleting substances and synthetic greenhouse gases, as provided for under section 45B of the Act. Section 45B establishes an offence provision for discharge of scheduled substances where the discharge is not in accordance with the Regulations; and

·        allow for the discharge of scheduled substances for those end use industries that are yet to have regulations enacted for their use and control, and where the substance (other than methyl bromide) is being used as a feedstock. Section 7 of the Act defines “feedstock” as an intermediate substance which is used to manufacture other chemicals.

 

Details of the Regulations are set out in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on the day after they are registered.

 

Attachment

 

Details of the Regulations are as follows:

 

Regulation 1 provides that the name of the Regulations is the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2007 (No. 1).

 

Regulation 2 provides that the Regulations commence on the day after they are registered.

 

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

 

Schedule – Amendments

 

Item 1 substitutes subregulation 3C(2) of the Principal Regulations and replaces it with a new subregulation, and inserts new subregulations 3C(3) and 3C(4). Subregulation 3C(2) continues to have the same effect by providing that the Minister may waive an application fee for a controlled substances licence or a used substances licence if certain conditions are met.

 

New subregulation 3C(3) expands the waiver of licence application fee provisions to include a waiver of an application fee for an essential use licence in circumstances where the manufacture, import or export of the scheduled substances is for test purposes.

New subregulation 3C(4) allows the Minister to waive licence application fees for controlled substances licences, used substances licences and essential uses licences in circumstances where the Minister is satisfied that the import or export of the scheduled substances is for the purpose of disposal by a technology approved by the Parties to the Montreal Protocol.

Item 2 amends regulation 4 of the Principal Regulations to allow for the Secretary to publish details of licences granted and cancelled on the Department’s website, replacing the current requirement to publish such details in the Commonwealth Government Gazette. This amendment also requires the published details to be updated as soon as practicable after any change, and in any event, at least every six (6) months. The amendment does not change the details that are to be published about a licence.

Item 3 amends regulation 6A of the Principal Regulations to expand the current provision for review by the Administrative Appeals Tribunal of decisions by the Minister to refuse to waive a payment of an application fee to include decisions under new subregulations 3C(3) and (4).

Item 4 substitutes regulation 80 of the Principal Regulations with a new regulation 80.

 

New subregulation 80(1) prescribes the application fee for exemption under paragraph 40(2)(b) of the Act. This amendment moves a previous paragraph to a new paragraph.

 

New subregulation 80(2) allows the Minster to waive the application fee for exemption under paragraph 40(2)(b) of the Act, if the Minister is satisfied that the exemption is for the purposes of importing the product for its disposal.

 

New subregulation 80(3) allows an application to be made to the Administrative Appeals Tribunal for a review of the Minister’s decision to refuse waiver under subregulation 80(2).

 

Item 5 substitutes regulation 101 of the Principal Regulations with a new regulation 101 which would define key terms used in Part 6A of the Act.

 

The definition for ANTA-recognised qualification is removed because the Australian National Training Authority was abolished in June 2005. ANTA has been replaced by the National Quality Council under the New National Training System. New regulation 101 defines the National Quality Council as having the same meaning as prescribed in the Skilling Australia’s Workforce Act 2005 and NQC-endorsed qualification as a qualification that is approved by the National Quality Council. This amendment is required to update these definitions in order to ensure consistency with the provisions of the Skilling Australia’s Workforce Act 2005.

Item 6 amends regulation 110 of the Principal Regulations to substitute the definition of Australian National Training Authority with a definition for domestic refrigeration or air conditioning equipment. Refrigeration or air conditioning equipment is domestic in nature if it is designed primarily for household use, and is designed not to be permanently connected to the power supply of its installation premises and where it does not require the installation of pipework to enable the movement of refrigerant. A note is also inserted at the end of the definition to clarify that the definition of domestic refrigeration or air conditioning equipment is not intended to cover split system air conditioners.

Item 7 substitutes the definition Registered Training Organisation in regulation 110 of the Principal Regulations with a revised definition to ensure that the definition is consistent with the meaning prescribed in the Skilling Australia’s Workforce Act 2005.

Item 8 inserts a new subregulation 111(3) into the Principal Regulations. New regulation 111(3) provides that the offence of handling a refrigerant without a licence under subregulation 111(1) will be an offence of strict liability.

This amendment overcomes a drafting oversight in the original preparation of the refrigeration and air conditioning regulations in 2004. By making an offence under subregulation 111(1) an offence of strict liability ensures the offence is consistent with other, similar offences in the Act (including an offence against subregulation 112(2)). The maximum penalty for an offence against subregulation 111(1) is 10 penalty units ($1,000 for a natural person or $5000 for a body corporate).

Item 9 substitutes regulation 121 of the Principal Regulations with a new regulation 121. New regulation 121 sets out the information that must be contained in an application for a Refrigeration and Air Conditioning (RAC) industry permit and allows a relevant authority to obtain information relevant to deciding whether a person who holds, or has applied for, a RAC industry permit is a fit and proper person to hold the permit. Regulation 121 has also been restructured to improve its readability.

Paragraphs 121(1)(a) and (b) are amended to prescribe that applications for RAC industry permits must be made to an appropriate relevant authority under regulation 121A and be in a form approved by the Minister. This amendment only changes existing arrangements by including reference to regulation 121A and splitting the original provisions of paragraph 121(1)(a) over two paragraphs. The existing paragraphs 121(1)(b) and (c) are now moved to paragraphs 121(1)(c) and (d).

Paragraph 121(2)(a) provides for situations where the applicant has not provided all of the information mentioned in paragraph 121(1)(d) by allowing the relevant authority to request the information from the applicant and ensures that the processing time for a decision on an application is stopped until such time as the information requested has been received (as the former subregulation 121(2) did in referring to the information in the former paragraph 121(1)(c)). New paragraph 121(2)(b) is inserted to provide for situations where the applicant has not given any consent for the disclosure of personal information relevant to the whether the applicant is a fit and proper person to hold an RAC industry permit. Paragraphs 121(2)(c) and (d) allow the authority to request the information or consent from the applicant and provide that the authority need not consider the application until the applicant provides the information or consent. These paragraphs are the same as former paragraphs 121(2)(a) and (b).

Subregulation 121(3) is also amended, however it follows the intent of the former subregulation 121(3), and stipulates that if the relevant authority has not made a decision about an application within 30 days either from when the application was made, or if the relevant authority requested the information or consent from the applicant, when that information or consent was provided, then the authority is taken to have refused the application.

This item also inserts new regulation 121A. This regulation authority for RAC industry permits to which applications are to be made. This moves the former subregulations 121(1A) and (1B) to a new regulation, in order to achieve a more logical structure and improve readability.

Item 10 substitutes the heading of regulation 122 to include the words “or permit holder” for consistency.

Item 11 amends subregulation 131(2) so that the use of the term “registered training organisation” is consistent with its amended definition (inserted by item 7 and defined as the meaning prescribed in the Skilling Australia’s Workforce Act 2005). This item is therefore a consequential amendment required as the result of item 7 above.

Item 12 amends the heading in column 4 of Table 131 by substituting NQC-endorsed qualification as the Australian National Training Authority has been replaced by the National Quality Council (NQC).

Item 13 inserts two new NQC-recognised relevant qualifications for full refrigeration and air conditioning licences in item 1, column 4 of Table 131. This amendment updates the qualifications which are required for full refrigeration and air conditioning licences to include MEM 30205 Certificate III in Engineering Mechanical Trade (Refrigeration and Air Conditioning) and UEE 31306 Certificate III in Refrigeration and Air Conditioning.

Item 14 inserts an additional NQC-recognised relevant qualification for automotive air conditioning licences in item 2, column 4 of Table 131. This amendment updates the qualifications which are required for automotive air conditioning licences to include AUR 20705 Certificate II in Automotive Mechanical (Air Conditioning).

Item 15 inserts a new NQC-recognised relevant qualification for restricted split system air conditioning installation and de-commissioning licences in item 3, column 4 of Table 131. This amendment updates the qualifications which are required for restricted split system air conditioning installation and de-commissioning licences to include UEE 20106 Certificate II in Air Conditioning Split Systems.

Item 16 inserts three new NQC-recognised relevant qualifications for domestic refrigeration and air conditioning appliances licences in item 4, column 4 of Table 131. This amendment updates the qualifications which are required for restricted domestic refrigeration and air conditioning appliances licences under Regulation 131 to include UTE 20504 Certificate II in Electrotechnology Servicing (Appliances – Refrigeration), UEE 21806 Certificate II in Appliance Servicing – Refrigerants, and UEE 30506 Certificate III in Appliance Servicing.

Item 17 substitutes regulation 134 with a new regulation 134 which allows a relevant authority to grant refrigeration and air conditioning trainee licences. The change allows a relevant authority to grant refrigerant and air conditioning trainee licences to a person who is undertaking training which will lead to eligibility for a licence under regulations 131 or 133. This provides more flexibility in issuing trainee licences, as regulation 134 currently restricts the granting of trainee licences to those undergoing training that leads to eligibility of licences under regulation 131.

Paragraph 134(1)(a) allows a trainee licence to be granted to a person who is undertaking a course leading to a NQC-endorsed qualification mentioned in column 4 of an item in Table 131. This is a consequential amendment.

Paragraph 134(1)(b) allows a trainee licence to be granted to a person who is recognised by the relevant authority as seeking assessment which would lead to a certificate as specified in paragraph 131(2)(b).

Paragraph 134(1)(c) allows a trainee licence to be granted to a person who is recognised by the relevant authority as currently undertaking training or seeking assessment which would lead to a licence under subregulation 131(3).

Paragraph 134(1)(d) allows a trainee licence to be granted to a person who is undertaking training or assessment that the relevant authority is satisfied is designed to qualify the person for a licence under regulation 133.

Subregulation 134(2) allows a licensee to handle refrigerant while undertaking training or assessment for which the licence was granted if the licensee does so under the supervision of the holder of a licence that entitles the holder to engage in the work for which the licensee is being trained or assessed.

Item 18 substitutes paragraph 135(1)(b) of the Principal Regulations with new paragraphs 135(1)(b) and (c) which inserts an additional licence condition under subdivision 6A.2.2.

The effect of this item is to insert an additional licence condition requiring that refrigerant handling licence holders must only use refillable containers to store refrigerant.

Item 19 amends paragraph 140(3)(c) by including a reference to regulation 131. This allows for the supervision of persons, engaged in a phase of manufacture that could result in the emission of a refrigerant, by the holder of a licence granted under regulation 131, as well as regulation 133. This amends an original drafting oversight.

Item 20 amends subregulation 141(1) by clarifying that the grant of a refrigerant trading authorisation or RAC equipment manufacturing authorisation is not only granted subject to the conditions specified in subregulation 141(1), but the grant is also subject to subregulations (1A) and (1B) (inserted by item 23 below).

Item 21 substitutes paragraphs 141(1)(e) to (h) of the Principal Regulations with new paragraphs.

Paragraph 141(1)(e) is amended by replacing the condition to check any refrigerant container for leaks “at the premises” with refrigerant containers “in the holder’s possession”. This change allows for a more comprehensive control of refrigerant leaks in the equipment of authorisation holders.

Paragraph 141(1)(f) is amended by replacing the condition to establish a risk management plan “for the premises” with a risk management plan “relating to the handling and storage of refrigerant in the holder’s business”. This amendment ensures the implementation of a comprehensive risk management plan for all aspects of refrigerant as part of the authorisations holder’s operations.

Paragraphs 141(1)(g) and 141(1)(h) are amended to more clearly specify the obligations required of refrigerant trading authorisation holders and RAC equipment manufacturing authorisation holders.

Paragraph 141(1)(g) requires that a holder of either authorisation granted under paragraph 140(1) ensures that any refrigerant is handled in accordance with each applicable standard set out in Table 135.

Paragraph 141(1)(h) refers solely to RAC equipment manufacturing authorisations and covers the full range of appropriate licences for the purposes of the paragraph. The paragraph outlines that an authorisation holder must ensure that refrigerant is only handled, as per subparagraph 141(1)(h)(i), by a holder of an appropriate licence under regulation 131, 133 or 134, or as per subparagraph 141(1)(h)(ii), under the supervision of the holder of an appropriate licence granted under regulation 131 or 133. Subparagraph 141(1)(h)(ii) complies with paragraph 140(3)(c), which requires applicants for RAC equipment manufacturing authorisations to ensure that persons engaged in a phase of manufacture that could result in the emission of a refrigerant are supervised by the holder of an appropriate licence granted under regulation 131 or 133.

This item also inserts new paragraph 141(1)(i), which refers solely to refrigerant trading authorisations, and outlines that an authorisation holder must ensure that refrigerant is handled only by a holder of an appropriate refrigerant handling licence. This is consistent with the requirement in paragraph 140(3)(b). This amendment covers the full range of appropriate refrigerant handling licences for the purpose of this paragraph.

A note is also inserted at the end of paragraph 141(1)(i) clarifying that holders of a licence under regulation 134 must themselves be supervised.

Former paragraph 141(1)(h) is moved to new paragraph 141(1)(j).

This item also inserts a new condition in subparagraph 141(1)(k), clarifying that a refrigerant trading authorisation or RAC equipment manufacturing authorisation can be grated subject to the condition that the authorisation holder must only use refillable containers to store refrigerant.

Item 22 inserts new subregulations 141(1A) and (1B) after subregulation 141(1) of the Principal Regulations.

New subregulation 141(1A) enables the relevant authority, on application, to determine that a condition mentioned in subregulation 141(1) does not apply to the refrigerant trading authorisation or RAC equipment manufacturing authorisation under regulation 141.

New subregulation 141(1B) states that a determination of a relevant authority under new subregulation 141(1A) will have effect according to its terms.

Item 23 inserts a new subdivision 6A.3.2A (Discharge of methyl bromide) and inserts new regulation 216 into the Principal Regulations.

New regulation 216 specifies for the purposes of paragraph 45B(1)(e) of the Act the circumstances in which methyl bromide may be discharged. The circumstances include where the discharge occurs while methyl bromide is being used for a quarantine and pre-shipment (QPS) application; or during a year for which the person has an allocated amount of methyl bromide, and while the allocated amount for the year is being used for a non-QPS application by the person or for a person acting on behalf of the person; or where discharge is of pre-January 2005 stockpile amounts of methyl bromide imported for non-QPS applications; or for holders of a feedstock permit.

Item 24 replaces reference to regulation 216 in the note with regulation 217. This item is a consequential change because of the addition of the new regulation 216 (inserted by item 23 above).

Item 25 inserts a new subregulation 220(4) into the Principal Regulations which provides that a supplier of methyl bromide must give the Minister a copy of the record of sale as required pursuant to subregulation 220(1), within 14 days of receiving a request in writing from the Minister. The purpose of this amendment is to facilitate the verification, if required, that any methyl bromide sold is supplied in accordance with the Principal Regulations.

Item 26 inserts a new subregulation 221(5) into the Principal Regulations to prescribe that a person using methyl bromide for quarantine and pre-shipment and non-quarantine and pre-shipment purposes must give the Minister a copy of the record of use as required pursuant to subregulation 221(2), within 14 days of receiving a request in writing from the Minister. The purpose of this amendment is to facilitate access to records, if required, in order to verify that any methyl bromide purchased is used for the purpose for which it is purchased, as is required by the Principal Regulations.

Item 27 inserts a new subregulation 222(4) into the Principal Regulations to prescribe that a person using methyl bromide for quarantine and pre-shipment and non-quarantine and pre-shipment purposes must give the Minister a copy of the record of use as required pursuant to subregulation 222(1), within 14 days of receiving a request in writing from the Minister. The purpose of this amendment is to facilitate access to records, if required, in order to verify that any methyl bromide purchased is used for the purpose for which it was purchased, as is required by the Principal Regulations.

Item 28 inserts a new subregulation 223(4) into the Principal Regulations to prescribe that a person using methyl bromide for feedstock purposes must give the Minister a copy of the record of use as required pursuant to subregulation 223(1), within 14 days of receiving a request in writing from the Minister. The purpose of this amendment is to facilitate the verification, if required, that any methyl bromide purchased for feedstock use is used for that purpose only, as is required by the Principal Regulations.

Item 29 inserts a new subregulation 302(3) into the Principal Regulations. New regulation 302(3) provides that an offence under subregulation 301(1) (relating to the handling of an extinguishing agent) will be an offence of strict liability.

Making an offence under subregulation 302(1) an offence of strict liability ensures the offence is consistent with other, similar offences in the Act. The maximum penalty for an offence against subregulation 302(1) will be 10 penalty units ($1,000 for a natural person or $5,000 for a body corporate).

Item 30 substitutes regulation 313 of the Principal Regulations with a new regulation. New regulation 313 allows the relevant authority, the Fire Protection Industry (ODS & SGG) Board (the Board) to grant fire protection industry permits and has been amended to improve its readability.

Subregulation 313(1) sets out the matters which must be contained in an application for a fire protection industry permit. Paragraph 313(1)(b) is reworded to prescribe that an application for a fire protection industry permit must “be accompanied by the fee prescribed for the particular kind of permit”. Further, a note is included after subparagraph 313(1)(c)(ii), to clarify that relevant standards referred to in the subparagraph are set out in Table 326.

New subregulation 313(2) allows the Board, in circumstances where an applicant has not provided all of the information mentioned in paragraph 313(1)(c), to request the applicant for the information or consent. In addition, this subregulation clarifies that the Board is not required to consider an application until the information or consent has been provided.

New subregulation 313(3) stipulates that if the relevant authority has not made a decision about an application within 30 days from either when the application was made, or from when the information or consent requested under subregulation 313(2) was provided, then the authority is taken to have refused the application. This follows the intent of the former subregulation 313(3).

Item 31 substitutes regulation 322 of the Principal Regulations with a new regulation 322 which provides that an extinguishing agent handling licence may be granted if the Board is satisfied that an applicant has achieved all of the units of competency relevant to each licence type specified in column 4 of Table 322. Column 4 of Table 322 is added which sets out the recently approved units of competency required for each type of licence.

New subregulation 322(2) is also inserted, which defines a unit of competency for the purposes of regulation 322 as a unit of competency endorsed by the National Quality Council.

Item 32 substitutes regulation 324 of the Principal Regulations with a new regulation 324. New regulation 324 removes the condition that an application must be made before 1 November 2005. This reintroduces the experienced persons licence category, which was previously available until 1 November 2005, to allow for the granting of licences whilst valid training and assessment material to support the newly introduced competencies is finalised.

Item 33 amends paragraph 326(1)(d) by including the word “and” after “agent”, and is required as a consequence of item 34 below.

Item 34 inserts new paragraph 326(1)(e) into the Principal Regulations as an additional condition for licences granted under Subdivision 6A.4.3 (extinguishing agent handling licences). Under this additional condition, a licensee must not carry out any work to which the licence relates, other than decommissioning or disposal or work in the aviation and maritime industries, on fire protection equipment that does not comply with any standard mentioned in Table 326 that applies to the equipment. Table 326 outlines the approved standards.

Item 35 removes three outdated standards from column 2 of Table 326, items 1 to 3, and inserts “AS 1851-2005” in their place. This is a revised edition of the standards.

Item 36 inserts a new International Standard to Table 326, as item 9. This standard is entitled “ISO 14520, Gaseous fire-extinguishing systems - Physical properties and system design”.

Item 37 amends subregulation 331(1) by removing the words “(other than halon)”. This is required as a consequence of item 38 which inserts a new subregulation which covers the exemption of halon from extinguishing agent trading authorisations.

Item 38 inserts new subregulation 331(1A) into the Principal Regulations which provides clarification that an authorisation does not permit a person to acquire, store or dispose of a halon. This amendment also adds the note to clarify that a permit to possess a halon can be obtained pursuant to regulation 341.

Item 39 inserts new subregulation 342(1A) into the Principal Regulations which specifies that the application fee for a special circumstances exemption is $200. This application fee is consistent with other application fees in the Principal Regulations. For example, the application fee for a halon special permit is $200, as prescribed in subregulation 341(2).

Item 40 amends the note to regulation 342 which refers to regulation numbers 343 to 899 intentionally not being used, by replacing “899” with “399”. This amendment is required as a consequence of item 41 below.

Item 41 insets new Division 6A.5 (Uses of scheduled substances not otherwise mentioned in this Part) and Division 6A.6 (Scheduled substances (other than methyl bromide) used as feedstock).

New Division 6A.5 consists of new regulation 400 which allows the discharge of scheduled substances in certain circumstances for the purposes of paragraph 45B(1)(e) of the Act. These circumstances occur where end use industries are yet to have regulations developed for their use and control, and the discharge occurs while the substance is being manufactured or mixed; the substance is being used for foam blowing or is contained in a foam structure that is being machined, cut, shredded or disposed of; while an aerosol containing the substance is being used; while a solvent containing the substance is being used; while the substance is being used for research or analysis conducted in a laboratory; or while the substance is being used to remove a cork from a bottle.

A note is also inserted at the end of new regulation 400 to clarify that regulation numbers 401 to 499 (inclusive) are intentionally not used.

Division 6A.6 consists of new regulation 500 which allows for the discharge of scheduled substances, other than methyl bromide, if the substance is being used as feedstock, for the purposes of paragraph 45B(1)(e) of the Act.

Two notes are also inserted at the end of new regulation 500 to clarify that regulation numbers 501 to 899 (inclusive) are intentionally not used, and that the discharge of methyl bromide is dealt with by regulation 216.