Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2014
Select Legislative Instrument No. 154, 2014
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 30 October 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Greg Hunt
Minister for the Environment
Contents
1............ Name................................................................................................... 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedules............................................................................................ 1
Schedule 1—Amendments 2
Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 2
1 Name
This is the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2014.
2 Commencement
This instrument commences on the day after it is registered.
3 Authority
This instrument is made under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995
1 Before regulation 2A
Insert:
2AA Heel allowance percentage
For the definition of heel allowance percentage in section 7 of the Act, 5% is prescribed for each substance referred to in Schedule 1 to the Act.
2 At the end of regulation 3
Add:
(5) For subparagraph 13(6A)(c)(i) of the Act:
(a) the period of 2 years ending at the end of the day the importation occurs is prescribed; and
(b) 5 units of ODS equipment and SGG equipment, in total, is prescribed.
(6) For subparagraph 13(6A)(c)(ii) of the Act, the following conditions are prescribed:
(a) the importation is the first importation of ODS equipment or SGG equipment by the person in the period mentioned in paragraph (5)(a) of this regulation;
(b) the equipment in the importation contains, in total, less than 10 kilograms of each of the following:
(i) HCFC;
(ii) HFC;
(iii) PFC;
(iv) sulfur hexafluoride.
3 Subregulation 3C(5)
Repeal the subregulation.
4 Paragraphs 6A(a) and (b)
Repeal the paragraphs, substitute:
(a) a decision under subregulation 3C(2) to refuse to waive the fee for a controlled substances licence or a used substances licence;
(b) a decision under subregulation 3C(3) to refuse to waive the fee for an essential uses licence;
(c) a decision under subregulation 3C(4) to refuse to waive the fee for a controlled substances licence, a used substances licence or an essential uses licence.
5 Regulation 70
Repeal the regulation, substitute:
Division 5.1—Exemptions for refrigeration and air conditioning equipment
70 Exemption expiring on 30 June 2015
(1) For subclause 10(1A) of Schedule 4 to the Act, HCFC pre‑charged refrigeration equipment is specified.
(2) This regulation is repealed at the end of 30 June 2015.
71 Exemption expiring on 31 December 2015
(1) For subclause 10(1A) of Schedule 4 to the Act, chillers charged with HCFC‑123 are specified.
(2) This regulation is repealed at the end of 31 December 2015.
72 Exemption expiring on 30 June 2016
(1) For subclause 10(1A) of Schedule 4 to the Act, components for existing high static ducted split system air conditioners are specified.
(2) This regulation is repealed at the end of 30 June 2016.
73 Exemption expiring on 31 December 2019
(1) For subclause 10(1A) of Schedule 4 to the Act, the following equipment is specified:
(a) replacement parts for existing HCFC refrigeration or air conditioning equipment;
(b) equipment insulated with foam manufactured with HCFC;
(c) equipment for which the Minister considers it would be impracticable:
(i) for the importer or licence holder to comply with the ban; and
(ii) to remove or retrofit the equipment because it is incidental to the main import.
Example: For subparagraph (c)(ii), air conditioning equipment incorporated into a large boat or drilling rig.
(2) The Minister may delegate his or her powers under paragraph (1)(c) to an SES employee or acting SES employee in the Department.
(3) In exercising powers under a delegation, the delegate must comply with any directions of the Minister.
(4) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister under paragraph (1)(c).
(5) In this regulation:
replacement part does not include a complete, or substantially complete, indoor or outdoor unit of a split system air conditioning unit.
(6) This regulation is repealed at the end of 31 December 2019.
Division 5.2—Application fees for exemptions
6 Regulation 200 (paragraph (j) of the definition of Non‑QPS Exemption List)
Omit “Exemption List for Non‑QPS Applications of Methyl Bromide in 2014”, substitute “Exemption List for Non‑QPS Applications of Methyl Bromide in 2014”.
7 Regulation 200 (after paragraph (j) of the definition of Non‑QPS Exemption List)
Insert:
; and (k) for the year 2015—the document called Exemption List for Non‑QPS Applications of Methyl Bromide in 2015, published by the Department, as in force on 1 January 2015.
8 Subregulation 213(6) (paragraph (j) of the definition of Non‑QPS Intermediate Supplier List)
Omit “Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2014”, substitute “Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2014”.
9 Subregulation 213(6) (after paragraph (j) of the definition of Non‑QPS Intermediate Supplier List)
Insert:
; and (k) for the year 2015—the document called Intermediate Supplier List for Non‑QPS Applications of Methyl Bromide in 2015, published by the Department, as in force on 1 January 2015.
10 After regulation 900
Insert:
900A Nil reports by manufacturers, importers and exporters of scheduled substances (other than SGGs and substances in ODS equipment or SGG equipment)
(1) For subsection 46(1AA) of the Act, a report given by a person to the Minister must be prepared in accordance with this regulation.
(2) The person must keep a copy of the report for 5 years from the date the report is given to the Minister.
(3) The report must state the following:
(a) the name and address of the person;
(b) the combination of numbers, letters or symbols used to provide a unique identifier for the licence granted to the person under section 16 of the Act;
(c) the quarter to which the report relates;
(d) the kind of scheduled substance, other than SGGs, to which the licence relates;
(e) that a nil amount of the scheduled substance was manufactured, imported or exported by the person during the quarter.
11 Subregulation 901(1)
Omit “and (3)”, substitute “, (3) and (4)”.
12 At the end of Part 7
Add:
902 Nil reports by manufacturers, importers and exporters of SGGs, ODS equipment or SGG equipment
(1) For subsections 46A(4A) and (4B) of the Act, a report given by a person to the Minister must be prepared in accordance with this regulation.
(2) The person must keep a copy of the report for 5 years from the date the report is given to the Minister.
(3) The report must state the following:
(a) the name and address of the person;
(b) the combination of numbers, letters or symbols used to provide a unique identifier for the licence granted to the person under section 16 of the Act;
(c) the quarter to which the report relates;
(d) if the licence relates to SGGs—that a nil amount of SGGs was manufactured, imported or exported by the person during the quarter;
(e) if the licence relates to ODS equipment or SGG equipment—that a nil amount of ODS equipment or SGG equipment was imported by the person during the quarter.
