Commonwealth Consolidated Regulations

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT REGULATIONS 1995 - REG 231

  (1)   A person who is granted a non - QPS permit for a year (other than an emergency permit) must, within 14 days after the end of a reporting period in the year, give the Minister a report for the period that:

  (a)   is in an approved form; and

  (b)   sets out the information mentioned in subregulation   (2); and

  (c)   is signed by the non - QPS permit holder and by any contractor who carried out a fumigation to which the report relates.

Note 1:   A reporting period is a period of 6 months starting on 1   January or 1   July--see section   7 of the Act.

Note 2:   It is an offence to give false or misleading information to a Commonwealth entity--see section   137.1 of the Criminal Code .

  (2)   For paragraph   (1)(b), the information is:

  (a)   the name, address and ABN (if any) of the permit holder; and

  (b)   in relation to each occasion during the reporting period on which methyl bromide is used (each fumigation ) by, or on behalf of, the permit holder for a non - QPS use in accordance with the permit:

  (i)   the date of the fumigation; and

  (ii)   the amount of methyl bromide used; and

  (iii)   the kind of produce for which, or to which, the methyl bromide was applied; and

  (iv)   the methyl bromide/chloropicrin ratio used; and

  (v)   the dosage rate at which the methyl bromide was applied; and

  (vi)   information relating to the size of the area fumigated, the volume of the space fumigated or the amount of produce for which, or to which, the methyl bromide is applied; and

  (vii)   if the fumigation was carried out by a contractor--the name, address, telephone number and ABN (if any) of the contractor; and

  (ba)   in relation to any occasion on which methyl bromide is used for a laboratory and analytical use--the nature of the use and the amount used; and

  (c)   if no methyl bromide was used under the permit for non - QPS uses in the reporting period--a statement to that effect.

Note:   A non - QPS permit holder must also comply with any reporting requirements that are a condition of the non - QPS permit (see paragraph   212(2)(b)).

Strict liability offence

  (3)   A person commits an offence of strict liability if the person contravenes subregulation   (1).

Penalty:   50 penalty units.

Civil penalty provision

  (4)   A person is liable to a civil penalty if the person contravenes subregulation (1).

Civil penalty:   60 penalty units.