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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT REGULATIONS 1995 - REG 3DA

Circumstances in which Minister may grant equipment licences--SGG equipment

  (1)   For the purposes of subsection   16(5) of the Act, it is a requirement in relation to the SGG equipment that the Minister is satisfied that:

  (a)   the equipment is not small SGG air conditioning equipment; or

  (b)   if the equipment is small SGG air conditioning equipment--one or more of the circumstances mentioned in subregulation (2) applies in relation to the equipment.

  (2)   For the purposes of paragraph   (1)(b), the circumstances are as follows:

  (a)   both:

  (i)   the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and

  (ii)   no practical alternative exists to the use of an HFC that has a global warming potential of more than 750 in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose;

  (b)   because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of an HFC that has a global warming potential of more than 750 in the operation of the equipment;

  (c)   in the case of the import of equipment--it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported;

  (d)   the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment;

  (e)   both:

  (i)   exceptional circumstances justify granting the licence in relation to the equipment; and

  (ii)   granting the licence would not be inconsistent with Australia's international obligations under the Montreal Protocol.



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