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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT REGULATIONS 1995 - REG 140

Grant of authorisations

  (1)   A relevant authority may, on application:

  (a)   grant a refrigerant trading authorisation to a person, permitting the person to acquire, store or dispose of a refrigerant other than halon; or

  (b)   grant an RAC equipment manufacturing authorisation to a corporation, permitting the corporation to acquire refrigerant other than halon for use in the manufacture of RAC equipment; or

  (c)   grant a restricted refrigerant trading authorisation to a person, permitting the person to:

  (i)   recover refrigerant from RAC equipment; and

  (ii)   store the refrigerant; and

  (iii)   dispose of the refrigerant by causing it to be given to the operator of a refrigerant destruction facility.

Note:   Regulation   121 also applies to an application.

  (3)   The authority must not grant an authorisation unless it is satisfied that:

  (a)   the applicant has business premises that are equipped and operating so as to be able to handle, and prevent avoidable emissions of, a refrigerant; and

  (b)   if the application is for a refrigerant trading authorisation--the applicant is able to ensure that a refrigerant is handled only by:

  (i)   the holder of an appropriate licence granted under regulation   131, 133 or 134; or

  (ii)   if the refrigerant is handled on board an AMSA vessel--the holder of an AMSA certificate or the holder of an appropriate licence granted under regulation   131, 133 or 134; and

  (c)   if the application is for an RAC equipment manufacturing authorisation--the applicant is able to ensure that, at all times, persons engaged in a phase of manufacture that could result in the emission of a refrigerant are supervised by the holder of an appropriate licence granted under regulation   131 or 133; and

  (d)   if the application is for a restricted refrigerant trading authorisation--the applicant is able to ensure that, at all times, persons engaged in removing refrigerant from RAC equipment hold a licence granted under regulation   131, 133 or 134 that entitles the holder to remove refrigerant from RAC equipment.

Note:   An applicant who conducts business from a vehicle is eligible for an authorisation under paragraph   (3)(a): see definition of premises in subsection   7(1) of the Act.

  (5)   If the authority grants an authorisation to a person, it must give the person a document setting out the details of the authorisation.



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