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Commonwealth legislation

About the legislation

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

The Commonwealth Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) controls the manufacture, import and export of all ozone depleting substances (ODSs) and their synthetic greenhouse gas (SGG) replacements. It also controls imports of refrigeration and air-conditioning equipment containing an HFC or HCFC refrigerant and grants the Commonwealth the power to create a nationally consistent system to control the end uses of these harmful gases.

Acts

• Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 
  formerly the Ozone Protection Act 1989
• Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 
  formerly the Ozone Protection (Licence Fees – Imports) Act 1995
• Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 
  formerly the Ozone Protection (Licence Fees – Manufacture) Act 1995

Explanatory memoranda

• Ozone Protection and Synthetic Greenhouse Gas Management Amendment Bill 2010 
• Ozone Protection and Synthetic Greenhouse Gas Legislation Amendment Bill 2003 

Under the Act all licences to import or export ozone depleting substances carry a condition that the licensee must only import or export the substance from a country that has ratified the Montreal Protocol and the relevant subsequent Amendments. To help facilitate this, the Minister must maintain a Register of Montreal Protocol Countries and the substances for which those countries are to be treated as a Montreal Protocol country.

• Register of Montreal Protocol Countries

Regulations

The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (as amended in 2005) contain controls relating to: import/export/manufacture licensing; manufacture and disposal of scheduled substances; refrigeration and air-conditioning; methyl bromide; and fire protection. The regulations are likely to be broadened in the future to include other end uses of ozone depleting substances and synthetic greenhouse gases including the aerosol, solvents and foams sectors, which are currently regulated by state and territory governments.

• Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 
• Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2004 
• Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Regulations 2004 
• Customs (Prohibited Imports) Regulations 1956 

Amendments

2010 amendment to the Ozone Protection Act 1989

In December 2010, the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Act 2010 (the Amendment Act) was passed by the Australian Parliament. The Amendment Act improves the operations of the existing Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) by:

• Modernising the offence provisions of the Ozone Protection Act through the creation of mirror civil penalty provisions for the existing criminal offences. This allows minor breaches of the Act to be dealt with through civil penalties rather than criminal prosecution or suspending or cancelling a licence, which would be a more reasonable response given the lesser severity of the offence.
• Updating the powers, requirements and obligations of inspectors to reflect current practices and technologies. In particular, the amendments provide for inspectors to be assisted in carrying out offence related searches and seizures. This is particularly important where technical specialists are required. These changes do not expand the power of inspectors or confer independent powers on any other person.
• Clarifying the purposes of the Ozone Protection and SGG (Synthetic Greenhouse Gas) Account (the Account) which is a Special Account established by the Act, to support the development of evidence-based policy by specifically allowing research to be funded from the Account.
• Providing for the existing ban on air conditioning equipment containing hydrochlorofluorocarbons (HCFCs), currently imposed under import licence conditions, to be extended to the import and manufacture of HCFC refrigeration and air conditioning equipment. Certain types of equipment have been exempted from the HCFC ban through the Ozone Protection and Synthetic Greenhouse Gas Management Regulation Amendments 2011.
  • For further information on the HCFC ban and exemptions please visit Australia bans import of HCFC Pre-charged air conditioners
• Making other technical and administrative amendments which streamline the licensing system and reduce costs for industry. For example, setting a two year licence period for Pre-Charged Equipment Licences.

2003 amendment to the Ozone Protection Act 1989

In December 2003, the Australian Parliament passed the Ozone Protection and Synthetic Greenhouse Gas Legislation Amendment Bill 2003. This Bill amended the Ozone Protection Act 1989, now called the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, and extended its scope in three significant areas. The amended Act:

• Incorporates synthetic greenhouse gases used as replacements for ozone depleting substances into the import, export and manufacturing licence system, but without any quotas or phase outs.
• Empowers the Australian Government to develop national end-use controls on the purchase, sale, handling and disposal of these gases, replacing current state and territory requirements.
• Allows the Australian Government to implement the Beijing Amendment to the Montreal Protocol, banning the import and manufacture of bromochloromethane, and banning trade in certain ODS with Non-protocol countries.

Frequently asked questions

What substances are controlled by the Act?

• Ozone depleting substances
  • Chlorofluorocarbons (CFCs)
  • Halon 1211, 1301 and 2402
  • Carbon tetrachloride (CCl₄), Methyl chloroform (CH₃CCl₃)
  • Hydrobromofluorocarbons (HBFCs)
  • Hydrochlorofluorocarbons (HCFCs)
  • Methyl bromide (CH₃Br)
  • Bromochloromethane (CH₂BrCl)
• Synthetic greenhouse gases (where they are used as replacements for ozone depleting substances)
  • Hydrofluorocarbons (HFC)
  • Perfluorocarbons (PFC)

The manufacture, import and export of all these substances is prohibited in Australia unless the correct licence is held.

The Act puts in to practice Australia's international commitments under the Montreal Protocol on Substances that Deplete the Ozone Layer.

• Montreal Protocol on Substances that Deplete the Ozone Layer

What industries are affected by the Act?

• Refrigeration and air-conditioning
• Foam
• Fire protection
• Fumigation
• Solvents
• Aerosols
• Precision cleaning; and
• Laboratory and analytical work

Does the Act ban, or impose a quota or phase-out on HFCs or PFCs?

The Act does not put a ban, quota or phase-out on HFCs and PFCs, apart from a ban on importing HFCs in disposable containers.

Rather, consistent with the objectives of the United Nations Framework Convention on Climate Change, the Act aims to minimise the emission of these gases.

State and territory legislation

Regulations developed under the Commonwealth Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (as amended in 2003) are replacing state and territory ozone protection legislation. A number of states and territories have indicated that they intend to repeal their regulations to ensure there is no confusion. You should contact your state or territory environment protection agency to confirm the status of state or territory legislation.