OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT AMENDMENT REGULATION 2016 (F2016L01933) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT AMENDMENT REGULATION 2016 (F2016L01933)

EXPLANATORY STATEMENT

 

Select Legislative Instrument No.     , 2016

 

Issued by authority of the Minister for the Environment and Energy

 

Subject - Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

 

Ozone Protection and Synthetic Greenhouse Gas Management Amendment  Regulation 2016

 

The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) controls the manufacture, import, export, use and destruction of ozone depleting substances and synthetic greenhouse gases. The Act implements Australia's obligations under the Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol), the United Nations Framework Convention on Climate Change and its Kyoto Protocol.

 

Section 70 of the Act provides the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations) contain controls relating to licensing, import, export, manufacture, and disposal of scheduled substances.

 

The purpose of the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2016 (the Regulation) is to insert a reference to the exemption list for non-quarantine and pre-shipment (non-QPS) applications of methyl bromide for 2017 and the intermediate supplier list for non-QPS applications of methyl bromide for 2017.

The exemption and intermediate supplier lists for non-QPS applications of methyl bromide specify the individual holders of critical use exemptions approved by the Montreal Protocol, their nominated suppliers (who they may only purchase their non-QPS stocks of methyl bromide from in the exemption year) and the maximum quantity of methyl bromide that they may purchase from that supplier for that year. The Regulation allows the supply and use of methyl bromide for non-QPS category uses by critical use exemption holders during 2017.

Details of the Regulation are set out in the Attachment A. A Statement of Compatibility with Human Rights is set out in Attachment B.

The Office of Best Practice Regulation (OBPR) was consulted in relation to the making of the Regulation.  The OBPR advised that a Regulation Impact Statement was not required as the changes do not have more than a minor regulatory impact on business, community organisations or individuals.

The Department of the Environment and Energy consulted the Toolangi Certified Strawberry Runner Growers' Co Op Limited on the amendments relating to the methyl bromide import exemptions for approved critical uses.

The Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised.

The Regulation is a legislative instrument for the purposes of the Legislation Act 2003.

The Regulation will commence on 1 January 2017. 

 

Authority: Section 70 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989


ATTACHMENT A

 

Details of the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2016

 

Section 1- Name of regulation

 

This section provides that the title of the regulation is the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2016 (the Regulation).

 

Section 2 - Commencement

 

This section provides for the Regulation to commence on 1 January 2017.

 

Section 3 - Authority

 

This section provides that the Regulation is made under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act).

 

Section 4 - Schedules

 

This section provides that each instrument specified in a Schedule to the Regulation is amended or repealed as set out in the applicable terms in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 - Amendments

 

Item 1 - Regulation 200 (after paragraph (l) of the definition of Non-QPS Exemption List)

 

Regulation 200 defines the term Non-QPS Exemption List by reference to a list that has been published by the Department of the Environment each year in 2005. The list sets out the details of all individuals and corporations who are granted the status of exempt persons for the non-quarantine and pre-shipment (non-QPS) use of methyl bromide after approval of the use by the Montreal Protocol.

Methyl bromide is a controlled substance listed in Part VII of Schedule 1 to the Act. Methyl bromide contributes to the depletion of the ozone layer when released into the atmosphere, and most uses are emissive by nature. The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Principal Regulations) regulate the supply and end use of non-QPS methyl bromide through record keeping and reporting systems.

Australia's obligations under the Montreal Protocol require that methyl bromide is used for authorised purposes. Under the Montreal Protocol, non-QPS uses of methyl bromide were phased out from 1 January 2005 except where critical use exemptions are granted by Parties to the Montreal Protocol or where an emergency use is granted by the Minister and subsequently reported to the Montreal Protocol.

This item amends the definition of Non-QPS Exemption List under regulation 200 to include the Exemption List for Non-QPS Applications of Methyl Bromide in 2017. This item comes into effect on 1 January 2017 and allows the supply and use of methyl bromide for non-QPS category uses by critical use exemption holders during 2017.

 

 

Item 2 - Subregulation 213(6) (after paragraph (l) of the definition of Non-QPS Intermediate Supplier List)

 

Regulation 213 defines the term Non-QPS Intermediate Supplier List by reference to a list that has been published by the Department each year since 2005. The list sets out the details of all individuals and corporations who are granted the status of intermediate supplier for the non-QPS use of methyl bromide.

This item amends the definition of Non-QPS Intermediate Supplier List under subregulation 213(6) to include the Intermediate Supplier List for Non-QPS Applications of Methyl Bromide in 2017. This item comes into effect on 1 January 2017 and allows the supply and use of methyl bromide for non-QPS category uses by critical use exemption holders during 2017.

 

 

 


ATTACHMENT B

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Ozone Protection and Synthetic Greenhouse Management Amendment Regulation 2016

 

Overview of the Legislative Instrument

 

The Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2016 (the Regulation) amends the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 to insert a reference to the exemption list for non-quarantine and pre-shipment (non-QPS) applications of methyl bromide for 2017 and the intermediate supplier list for non-QPS applications of methyl bromide for 2017.

 

Human rights implications

 

The Regulation has been assessed against the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Regulation is compatible with Australia's human rights obligations.

 

 

 

Josh Frydenberg

Minister for the Environment and Energy

 

 


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