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In accordance with Australia's obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (the Protocol), the import, export and manufacture of certain ozone depleting substances (ODS) has been banned under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) since 1996 except for a small range of essential uses.
An essential uses licence may be granted under the Act for the import, export or manufacture of chlorofluorocarbons (CFC), halons, methyl chloroform, carbon tetrachloride and bromochloromethane (BCM) for uses which meet a very limited range of essential use criteria, including laboratory and analytical uses. Annex IV of the Montreal Protocol outlines the categories and examples of laboratory uses. Essential uses licences are subject to quantitative restrictions and reporting requirements.
A non-refundable application fee of $3 000 applies to this licence and is payable with the application. The application may take up to 8 weeks to process.
In granting a licence, the Minister will consider whether the applicant's proposed use of the ODS conforms with Australia's obligations under the Protocol, whether the proposed use falls under the categories in Annex IV, whether the applicant is a fit and proper person and whether a viable alternative exists in the market. Section 16 of the Act lists matters to which the Minister must have regard in making this decision.
In regard to conformance with Australia's international obligations, for all essential uses other than those that fall within Annex IV, the Australian government must obtain an 'essential use authorisation' (EUA) from a Meeting of the Parties to the Protocol prior to granting a licence to import any quantity of the ODS. For further information on the nature of the information the Australian government must provide in order to obtain an EUA and the annual deadline for submitting such a request to a Meeting of the Parties, please refer to: 'Handbook on essential use nominations'
Viable alternatives exist to many ozone depleting substances used for analytical and laboratory uses. The United States EPA has conducted extensive research into viable alternatives under the Significant New Alternatives Policy (SNAP) Program and applicants are encouraged to access this site to determine whether suitable alternatives exist, before applying for a licence.
An essential uses licence comes into force on the day specified in it and stays in force until the end of the licence period in which it is granted, or any shorter period specified in it, unless it is cancelled or stops being in force for any other reason, before then. The current licensing period ends on 31 December 2006. The next licence period commences on 1 January 2007 and concludes on 31 December 2007.
If you require further information on obtaining an essential uses licence or any aspect of the Ozone Protection and Synthetic Greenhouse Gas Management Act's licensing system, please contact the Ozone and Synthetic Gas Team on (02) 6274 1237 or by email at ozone@deh.gov.au.