95R509 Ozone Protect

Statutory Rules 1995 No. 3891

__________________

Ozone Protection Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Ozone Protection Act 1989.

Dated 12 December 1995.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

JOHN FAULKNER

Minister for the Environment, Sport and Territories

____________

Citation

1. These Regulations may be cited as the Ozone Protection Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

2. In these Regulations:

“Act” means the Ozone Protection Act 1989.

Fee for grant of licence

3. (1) Subject to subregulation (2), for the purposes of paragraph 16 (2) (a) of the Act, the following fees are prescribed:

(a) for a controlled substances licence—$10,000;

(b) for a used substances licence—$10,000;

(2) If:

(a) a controlled substances licence or a used substances licence is applied for to allow the manufacture, import or export of less than half a tonne of scheduled substances; and

(b) the Minister is satisfied that the import, export or manufacture is for test purposes;

the Minister may waive the payment of a fee for the grant of the licence.

Form of application for licence

4. For the purposes of subsection 40 (2) of the Act, Form 1 is prescribed.

Records to be kept by licensees

5. (1) A person who is, at any time in a month, a licensee must keep a record in writing of:

(a) the quantities of each scheduled substance manufactured, imported and exported by the person in the month; and

(b) in respect of each quantity of a scheduled substance that has been imported by the person in the month:

(i) the date of importation; and

(ii) the country of origin of the scheduled substance; and

(iii) the full name and address of the person from whom the scheduled substance was imported; and

(iv) the place at which the scheduled substance was discharged from the ship or aircraft on which the scheduled substance was carried; and

(v) if the scheduled substance was imported on a ship—the name of the ship; and

(vi) if the scheduled substance was imported on an aircraft—the flight number of the aircraft on which the scheduled substance was carried; and

(vii) whether the schedule substance was imported for use as feedstock; and

(i) the date of exportation; and

(ii) the country of destination of the scheduled substance; and

(iii) the full name and address of the person to whom the scheduled substance was exported; and

(iv) the place at which the scheduled substance was loaded on the ship or aircraft on which the scheduled substance was carried; and

(v) if the scheduled substance was exported on a ship—the name of the ship; and

(vi) if the scheduled substance was exported on an aircraft—the flight number of the flight on which the scheduled substance was carried; and

(d) in respect of each quantity of a scheduled substance that has been manufactured by the person in the month—whether the scheduled substance was manufactured for use as feedstock; and

(e) the quantity of each scheduled substance destroyed by the person in the month.

Penalty: 10 penalty units.

(2) Records must be retained for 5 years from the last day of the month to which the records relate.

Penalty: 10 penalty units.

Licence numbers to be shown on records

6. A record kept by a licensee must:

(a) show the licence number of the licensee; and

(b) if the record consists of more than 1 page:

(i) be numbered in a regular arithmetic series beginning with the number 1; and

(ii) show the licence number of the licensee on each page.

Repeal

7. Statutory Rules 1989 No. 70 and 1992 No. 348 are repealed.

____________

SCHEDULE Regulation 4

COMMONWEALTH OF AUSTRALIA

Ozone Protection Act 1989

Form 1

APPLICATION FOR EXEMPTION UNDER SECTION 40

1.	Name of applicant:
2.	Address of applicant, if applicant is not a company:
3.	Address of Registered Office, if applicant is a company:
4.	If applicant is a company—State, Territory or place outside Australia where the company is incorporated:
5.	If the applicant is a company—the Australian Company Number of the company:
6.	Address of applicant for correspondence:
7.	Name of contact person (if applicable):

SCHEDULE —continued

8.	Telephone and facsimile numbers (if any) of applicant or (if applicable) of contact person— telephone: facsimile:
9.	Details of the exemption sought including: (a) product or scheduled substance involved: (b) quantity involved: (c) provision of Act or Regulations from which exemption is sought:
10.	Period for which exemption is sought:
11.	If the exemption is essential for medical, veterinary, defence, industrial safety or public safety purposes, give relevant details:
12.	If the exemption is sought because of the provisions of a law concerning the manufacture or use of the product in relation to which exemption is sought, give relevant details:
13.	If the exemption is sought in relation to the calibration of scientific, measuring or safety apparatus, give the relevant details:
14.	If there is an alternative to the use of a scheduled substance known to the applicant in the operation or manufacture of a product in relation to which exemption is sought, give relevant details including investigations undertaken.
Dated the day of 19 . ........................................................ (signature) Name of signatory: If the applicant is a body corporate specify the relationship of signatory to the body corporate:

_________________________________________________

NOTE

1. Notified in the Commonwealth of Australia Gazette on 12 December 1995.