Commonwealth Numbered Regulations - Explanatory Statements

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OZONE PROTECTION (LICENCE FEES - MANUFACTURE) REGULATIONS 1995 NO. 391

EXPLANATORY STATEMENT

STATUTORY RULE 1995 No. 391

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

Ozone Protection (Licence Fees - Manufacture) Regulations

Outline

Section 5 of the Ozone Protection (Licence Fees - Manufacture) Act 1995 (the Act) provides that the Governor-General may make regulations for the purposes of implementing the Act.

In June 1994 Australia ratified the 1992 Amendment to die Montreal Protocol on Substances that Deplete the Ozone Layer which added hydrochlorofluorocarbons (HCFCs) and methyl bromide to the list of controlled substances. The Ozone Protection Act 1989 was recently amended to incorporate controls on these substances as required under the Montreal Protocol. In line with recent amendments to the Act, the Commonwealth proposes to establish a system of licences and reporting requirements to control the quantity and overall ozone depletion impact of HCFCs and methyl bromide imported into, manufactured in or exported from Australia,

The Act imposes a quarterly "activity fee" based on the quantity and the ozone depletion potential of HCFCs manufactured and on the quantity of methyl bromide manufactured. The Ozone Protection (Licence Fees - Manufacture) Regulations set the rate of the activity fee mentioned above.

Details of the regulations are as follows:

Regulation 1       Provides that the regulations may be cited as the "Ozone Protection (Licence Fees - Manufacture) Regulations".

Regulation 2       Sets the commencement date for the regulations at 1 January 1996.

Regulation 3       Provides that in the regulations, "Act" means the Ozone Protection (Licence Fees - Manufacture) Act 1995. Also provides that the term "ODP (Ozone Depletion Potential) tonne", in relation to an HCFC, means "the quantity of the HCFC that results from multiplying its mass in tonnes by its ozone depletion potential", as defined in section 10 of the Ozone Protection Act 1989.

Regulation 4       Sets the activity fee per ODP tonne of HCFCs manufactured and per metric unit of methyl bromide manufactured.


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