Commonwealth Numbered Regulations - Explanatory Statements

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OZONE PROTECTION (HCFC, HBFC AND METHYL BROMIDE) REGULATIONS (AMENDMENT) 1994 NO. 136

STATUTORY RULES 1994 No. 136

ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT, SPORT AND TERRITORIES

OZONE PROTECTION ACT 1989

Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations (Amendment)

Outline

Section 70 of the Ozone Protection Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

At the fourth meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, in November 1992, HCFCs, HBFCs and methyl bromide were added to the list of controlled substances by amendment to the Protocol.

The Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations were made in December 1993 so that Australia could ratify the 1992 amendments to the Montreal Protocol.

Subsection 69A (1) of the Act provides that the Governor-General may make supplementary regulations which define additional controlled (or scheduled) substances to give effect to adjustments or amendments to the Montreal Protocol. Subsection 69A (2) states that supplementary regulations must not come into operation before an adjustment or amendment comes into force in Australia.

The objective of the Regulations is to change the commencement date of the Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations because there has been a delay in lodging the ratification instrument and hence a delay in the amendment coming into force in Australia.

Minor typographical errors in the Ozone Protection (HCFC, HBFC and Methyl Bromide) Regulations have also been corrected.

Details of regulations are as follows:

Regulation 1        Names the regulations to be amended

Regulation 2       New Part heading "PART 1- PRELIMINARY" to be inserted before citation.

Regulation 5       Corrects a typographical error in Regulation 15, subregulation (2) so that points are listed in order (a), (b) rather than (b), (a).

Regulation 6       Corrects a typographical error in Regulation 16, subregulation (4) by replacing reference in the text to subregulation (4) with a reference to subregulation (3).

Regulation 7       New Part heading "PART 3 - RESTRICTIONS ON IMPORT AND EXPORT OF HBFC's" replaces former heading "PART 2 - RESTRICTIONS ON IMPORT AND EXPORT OF HBFCs".

Regulation 8       New Part heading "PART 4 - RECORDS AND REPORTS" replaces former heading "PART 3 - RECORDS AND REPORTS".

Regulation 9       New Part Heading "PART 5 - MISCELLANEOUS" replaces former heading "PART 4 - MISCELLANEOUS".

Regulation 10       Corrects typographical errors in regulation 30 by listing points in order (a), (b), (c), (d) rather than (a), (b), (b) (c) and replacing reference to subregulation 14 with reference to subregulation 15.

Regulations 11 & 12       Correct typographical errors in Schedule 1 headings by replacing references to "HCFC'S with "HCFCs" and references to "HBFC'S" with "HBFCs".

NOTES       Will correct typographical errors to regulations 18, 19, 26, 27 and 28 after their commencement by replacing references to "HCFC'S" with "HCFCs" and references to "HBFC'S" with "HBFCs".

The Minute recommends that Regulations be made in the form proposed.

Authority:       Sections 69A and 70 of the Ozone Protection Act 1989