Commonwealth Numbered Regulations - Explanatory Statements

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OZONE PROTECTION (PRODUCT CONTROL) REGULATIONS (AMENDMENT) 1994 NO. 155

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 155

ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT, SPORT AND TERRITORIES

OZONE PROTECTION ACT 1989

Ozone Protection (Product Control) Regulations (Amendment)

Outline

Section 70 of the Ozone Protection Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Under the Montreal Protocol on Substances that Deplete the Ozone Layer, Australia has an obligation to phase-out ozone depleting substances such as chlorofluorocarbons (CFCs) according to the timetable prescribed in the Protocol. Apart from essential uses, CFCs must be totally phased out by 31 December 1995.

Despite the phase-out program, CFC consumption in the refrigeration and air-conditioning sector had not significantly declined over the four year period from 1989 to 1992 (see graph below). It was determined after consultation with relevant sectors of industry, that controls on products using CFC refrigerants would need to be put in place in order to hasten the move away from CFC technology.

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The Revised Strategy for Ozone Protection in Australia (draft for public comment) August 1993 recommended that from 15 August 1994, the import and manufacture of refrigerators using CFC12 refrigerant be prohibited, and from 31 December 1994, the import and manufacture of refrigerators containing insulation foam manufactured with CFCs be prohibited. (This Strategy was recently endorsed and released by the Australia and New Zealand Environment and Conservation Council).

In August 1993, industry associations were notified of the Government's intention to make regulations by the former Minister for the Environment Sport and Territories, the Hon Ros Kelly, MP.

The Ozone Protection (Product Control) Regulations (Amendment) will be amended to include controls on the import and manufacture of domestic refrigeration containing CFCs in refrigerant or insulating foam.

Details of the regulations are as follows:

Regulation 1       Defines the commencement dates for the new sections of the regulations.

Regulation 2       Names the regulations to be amended.

Regulation 3       Amends Subregulations 7 (1) and 7(2) so they will:

•       apply to domestic as well as commercial and industrial refrigeration equipment;

•       apply to refrigeration equipment that is insulated with foam manufactured with a chlorofluorocarbon (CFC).

Amends Subregulation 7(3) to delete former commencement dates. Subregulation 7(3) will now list refrigeration equipment exempted from these regulations. For example, spare parts.

Regulation 4       Deletes the Schedule which lists equipment exempted in the original regulations until 1 January 1994.


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