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• Application for a controlled substances licence to manufacture, import or export methyl bromide (PDF - 166 KB) | (RTF - 1387 KB)

About the licences

The import, export and manufacture of methyl bromide have been controlled under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) since 1996.

Persons may apply for a controlled substances licence for the import or export of methyl bromide. A non-refundable fee of $15 000 is payable on applying. The licence sets a limit on the maximum amount of methyl bromide allowed to be imported.

In deciding on an application, the Minister will consider whether the applicant is a fit and proper person. Section 16 of the Act lists matters to which the Minister must have regard in making this decision.

An activity fee based on the quantity of substance imported or manufactured is payable at the end of each quarter. The activity fees will be $135 per metric tonne of methyl bromide.

A methyl bromide controlled substances licence 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 licensing period (1 January 2008-31 December 2009) will terminate shortly. The next licence period commences on 1 January 2010 and concludes on 31 December 2011. As no more methyl bromide import licence applications are expected for the 2008-2009 period, the licence application form linked at the top of this page has been updated to cover the 2010-2011 licence period.

Restrictions on import quantities for methyl bromide

Under the Montreal Protocol, developed countries are committed to phase-out methyl bromide for all purposes other than:

• quarantine and pre-shipment (QPS)
• feedstock applications

In recognition that some industries are having difficulty in finding methyl bromide alternatives, the Montreal Protocol permits some critical uses of methyl bromide where no technical or economically feasible alternative exists. Amounts are strictly limited.

Methyl Bromide for quarantine and pre-shipment applications

Methyl bromide used for quarantine and pre-shipment (QPS) uses is currently exempt from phase out under the Montreal Protocol. The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995  state that methyl bromide is used for QPS if:

1. it is applied by, or with the authorisation of, a Commonwealth, State or Territory authority to prevent the introduction, establishment or spread of a pest or disease in Australia, a state or a territory, or
2. it is applied to a commodity, before it is exported, to meet the requirements of the importing country or a law of the Commonwealth

Please note that these definitions relate to official actions. Contractual or commercial requirements alone do not qualify for the QPS exemption. The Ozone and Synthetic Gas Team can provide further guidance on whether particular uses meet the QPS definition.

Methyl bromide for feedstock applications

Methyl bromide used for feedstock uses is currently exempt from phase out under the Montreal Protocol. Feedstock is defined in the Act as 'an intermediate substance which is used to manufacture other chemicals'.

Importers may only import feedstock methyl bromide if they have been nominated as a supplier by a person who has a feedstock permit, or if they have been requested to supply another supplier (who isn't an importer) who has been nominated by a permit holder.

Quarterly reporting requirements

Holders of a methyl bromide controlled substances licence must provide quarterly reports to the Minister that specify:

• the quantity of substances imported, including country of origin
• the quantity of substances exported, including country of destination
• the quantity of substances manufactured, recycled or destroyed

The Ozone and Synthetic Gas Team checks all quarterly reports with data provided by the Australian Customs Service. Inaccurate reporting and late submissions are offences under the Act.

Contact details

For further information about the Department of the Environment and Heritage's licensing system, please contact the Ozone and Synthetic Gas Team:

Ozone and Synthetic Gas Team
Department of the Environment, Water, Heritage and the Arts
GPO Box 787
CANBERRA ACT 2601
Telephone: (02) 6275 9197
Facsimile: (02) 6274 1610
Email: ozone@environment.gov.au.