Ozone

Controlled substances licence to import Synthetic Greenhouse Gases (SGGs) - HFCs and/or PFCs

Equivalent carbon price for synthetic greenhouse gases
From 1 July 2012, an equivalent carbon price will be applied to certain synthetic greenhouse gases - hydrofluorocarbons, perfluorocarbons (excluding gases produced from aluminium smelting) and sulfur hexafluoride (including equipment or products which contain these gases).

It is an offence under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) to import, export and manufacture hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs) without a controlled substance licence for SGGs.

A controlled substances licence for SGGs is required to manufacture HFCs and PFCs and for the import and export of any amount of HFCs and/or PFCs.

Application fee

A non-refundable application fee of $15,000 is payable with the application unless a waiver has been granted.

The Minister may waive the application fee for a controlled substances licence if:

*Note: if you are applying to import, manufacture or export SGGs AND HCFCs , a non-refundable application fee of $30,000 applies.

Required information and supporting documentation

When applying for a licence or exemption under the Act, you will be required to provide supporting documentation and detailed information about yourself and your organisation (if applicable), as well as information about the proposed activity (e.g. import, export or manufacture of Ozone Depleting Substances (ODS) or Synthetic Greenhouse Gases (SGGs) whether incorporated into equipment or in cylinders).

Please see below to obtain a summary of information you will need to complete the application form, and a list of supporting documentation you must submit with your application.

Application form

Normally, the department will aim to process applications within 2 weeks of receiving a fully completed application form including all supporting documentation and payment of the licence fee. However, the statutory timeframes of the Act stipulates that department may take up to 60 days to process an application.

Applications should be lodged as early as possible, prior to the proposed goods being imported, exported or manufactured.

In granting a licence, the Minister will consider whether the applicant is a fit and proper person. Section 16 of the Act lists matters the Minister must consider when making this decision.

A controlled substances licence for SGGs comes into force on the day specified on it and stays in force until the end of the licence period in which it is granted, unless it is cancelled or stops being in force for any other reason before then.

The current licence period commenced on 1 January 2010 and concludes on 31 December 2011. The next licence period will commence on 1 January 2012 and cease on 31 December 2013.

Transferring a licence

It is a condition of all licences that the licensee does not allow another person or business to use their licence number.

If you can identify a current licence holder (Transferor) who wishes to transfer their licence to you (Transferee), a joint application for a transfer of a licence from the current licence holder to another person can be made. The department will not impose any application fee on you to complete the transfer although the new licensee (the Transferee) will still be required to pay the licence levies and report on a quarterly basis.

For further information please contact the Licensing Officer on +61 2 6274 1373 or ozone@environment.gov.au.

Joint application to transfer a Controlled Substances Licence

Quarterly reporting & levy requirements

Holders of a HFC or PFC controlled substances licence are required to provide quarterly reports to the Minister and pay a levy at the end of each reporting period based on the quantity of substances imported .

The levy is $165 per tonne for HFCs and PFCs imported or manufactured.

Reports may be lodged at any time before the 15th day following the end of each reporting period (including at any time during the relevant reporting period).

If no imports or exports were made during a reporting period, a 'nil' report is still required..

Reporting Period Reports Due
1 January – 31 March 15 April
1 April – 30 June 15 July
1 July – 30 September 15 October
1 October – 31 December 15 January

Quarterly report forms

The department cross-checks information provided on quarterly reports with data provided by the Australian Customs and Border Protection Service. Inaccurate reporting and late submissions are offences under the Act.

If you have any questions about reporting you may contact the Reporting Officer on +61 2 6274 1740.

More information

For more information please contact the Ozone and Synthetic Gas Team on:
Phone: +61 2 6274 1373 or +61 2 6274 1740
Email: ozone@environment.gov.au

See also