Commonwealth Numbered Regulations - Explanatory Statements
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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT AMENDMENT REGULATIONS 2011 (NO. 2) (SLI NO 256 OF 2011)
EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 256
Issued by authority of the Parliamentary Secretary for Sustainability and Urban Water
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2011 (No. 2)
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.
Section 45A of the Act provides, in part, that regulations may make provision for:
- regulating the sale, or purchase, or any other acquisition or disposal of scheduled substances; and
- regulating the storage, use or handling of scheduled substances.
The purpose of these Regulations is to amend the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations) to make minor administrative amendments in the management of methyl bromide.
Methyl bromide is a scheduled substance specified in Part VII of Schedule 1 to the Act. Methyl bromide contributes to the depletion of the ozone layer when released into the atmosphere, and most uses of it are emissive by nature. The Principal Regulations regulate the supply and end use of non-quarantine and pre-shipment methyl bromide through record keeping and reporting systems.
Australia's obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (the Protocol) ensures that stocks of methyl bromide are only sold and used for authorised purposes. Under the Protocol, non-quarantine and pre-shipment (non-QPS) uses of methyl bromide were phased out from 1 January 2005 except where critical use exemptions are granted by Parties to the Protocol (which in Australia in 2012, will be restricted to the strawberry runner and rice industries) or where an emergency use is granted by Parties.
The Regulations include a reference to the exemption and intermediate supplier lists (that will be in force for the year 2012) which permit the supply and use of methyl bromide, for non-quarantine and pre-shipment category uses by critical use exemption holders during 2012.
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 and commence on the day after they are registered on the Federal Register of Legislative Instruments.
No formal consultation has occurred on these amendments as it was considered that consultation was unnecessary. These amendments are of a minor or machinery nature and do not substantially alter the arrangements as they are currently perceived to exist.
ATTACHMENT
Details of the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2011 (No. 2)
Regulation 1 - Name of Regulations
This regulation provides that the
title of the Regulations is the Ozone Protection and Synthetic Greenhouse
Gas Management Amendment Regulations 2011 (No. 2).
Regulation 2 - Commencement
This regulation provides for the
Regulations to commence on the day after they are registered.
Regulation 3 - Amendment of Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995
This regulation 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
Items [1] and [2] - Regulation 200
These items amend regulation 200 and ensure that there is a definition for the Non-QPS Exemption List for 2012 (the Exemption List). For 2012, the Exemption List will be found in the document entitled Exemption List for Non-QPS Applications of Methyl Bromide in 2012 available on the Department of Sustainability, Environment, Water, Population and Communities' internet site. The Exemption List will detail, for 2012, the exempt use, the individual holders of critical use exemptions, their nominated suppliers and the maximum quantity of methyl bromide that they may purchase from that supplier.
Items [3] and [4] - Subregulation 213(6)
These items amend subregulation 213(6) and ensure that there is a definition for the Non-QPS Intermediate Supplier List for 2012 (the Supplier List). For 2012, the Supplier List will be found in the document entitled Intermediate Supplier List for Non-QPS Applications of Methyl Bromide in 2012 published on the Department of Sustainability, Environment, Water, Population and Communities' internet site. The Supplier List will detail, for 2012, which suppliers of methyl bromide can sell methyl bromide to other nominated suppliers for supply to critical use exemption holders.
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