Methyl bromide
Uses of methyl bromide
Methyl Bromide is an ozone depleting substance (ODS) used as:
- a soil fumigant in horticultural industries
- a pest control treatment on dry commodities such as packaged rice
- a quarantine and pre-shipment (QPS) treatment for imports, exports and certain commodities transported interstate
- as a feedstock in chemical reactions to create other chemicals
Phase out of methyl bromide
From 1 January 2005 all use of methyl bromide, other than for quarantine and pre-shipment (QPS) or feedstock applications, is prohibited in Australia. However some 'critical use exemptions' have been allowed by the Montreal Protocol on Substances that Deplete the Ozone Layer. If you would like further information about critical use exemptions please contact the Ozone and Synthetic Gas Team. Non-QPS uses of methyl bromide are defined as all other uses that do not fall within the within the definition of quarantine and pre-shipment (QPS) or the definition of feedstock.
In order to ensure that Australia is complying with its obligations under the Montreal Protocol, the Australian Government needs to ensure that methyl bromide imported from 1 January 2005 is only used for:
- approved critical use exemption;
- genuine QPS; or
- permitted feedstock use.
Amendments to the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 in 2004 and 2005 introduced compulsory record keeping and reporting requirements for buyers, sellers and end users of methyl bromide. Anyone selling or using methyl bromide must be aware of their obligations under these Regulations. Further information on the specific provisions of the Regulations can be obtained by contacting the department.
Inspectors appointed by the department may audit records relating to the sale or use of methyl bromide and/or stockpiles of suppliers and end users. Failure to comply with the new requirements may result in penalties, and may be taken into consideration should permits be sought in the future.
Download a copy of the information brochure about the methyl bromide regulations: New legal requirements for buyers, sellers and end users of methyl bromide (January 2005).
The Australian Government Department of Agriculture, Fisheries and Forestry maintains the Methyl Bromide Alternatives Information System (MBAIS) , providing information on alternative treatments to methyl bromide fumigation.
Suppliers and buyers of methyl bromide
The import, export and manufacture of methyl bromide is controlled under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act). Methyl Bromide Controlled Substances Licences provides information about obtaining a licence to import, export or manufacture methyl bromide.
Anyone who sells methyl bromide must keep a record of the sale for 5 years from the date of the sale. This record must be kept on the Record of Sale Form provided by the Department of the Environment, Water, Heritage and the Arts. It is the responsibility of suppliers to ensure that they are using the correct forms.
The buyer will be required to sign a declaration on the Record of Sale Form that states whether the methyl bromide will be used for QPS, feedstock or non-QPS (exemption) purposes.
For stocks imported after 1 January 2005, sellers may only sell non-QPS methyl bromide to:
- a person who has an exemption, but only if the seller is listed as the 'nominated supplier' for that exemption holder on a Non-QPS Exemption List. These lists identify the holders of critical use exemptions in a particular exemption year, their nominated suppliers and their maximum allocated amount of methyl bromide for that particular year. For 2005 this list is called the Exemption list for non-QPS applications of Methyl Bromide in 2005 , for 2006 the Exemption list for non-QPS applications of Methyl Bromide in 2006, for 2007 the Exemption list for non-QPS applications of Methyl Bromide in 2007 for 2008 the Exemption list for non-QPS applications of Methyl Bromide in 2008; and for 2009 the Exemption list for non-QPS applications of Methyl Bromide in 2009 and for 2010 the Exemption list for non-QPS applications of Methyl Bromide in 2010 or
- a 'nominated supplier' for an exemption holder, but only if the seller is listed as an 'intermediate supplier' for the buyer on a non-QPS Intermediate supplier list. These lists identify which suppliers of methyl bromide can sell methyl bromide in a particular year to other nominated suppliers for supply to critical use exemption holders. For 2005 this list is called the Intermediate supplier list for non-QPS applications of Methyl Bromide in 2005 , for 2006 the Intermediate supplier list for non-QPS applications of Methyl Bromide in 2006, and for 2007 the Intermedicate supplier list for non-QPS applications of Methyl Bromide in 2007, for 2008 the Intermediate supplier list for non-QPS applications of Methyl Bromide in 2008 and for 2009 the Intermediate supplier list for non-QPS applications of Methyl Bromide in 2009 and for 2010 the Intermediate supplier list for non-QPS applications of Methyl Bromide in 2010.
Suppliers may sell feedstock methyl bromide only to a person who has a feedstock permit, but only if the supplier is listed as their 'nominated supplier' on the feedstock permit.
Suppliers must ensure that:
- they do not sell to exemption holders more non- QPS methyl bromide than the quantity specified on the relevant Non-QPS Exemption List for that particular year;
- they do not sell to a 'nominated supplier' more non- QPS methyl bromide than that nominated supplier is allowed to sell to exemption holders, as per the Non-QPS Exemption List for that particular year; and
- they do not sell to a feedstock permit holder more feedstock methyl bromide in a permit period than the amount specified on the feedstock permit.
Importers must comply with the conditions of their import licence with respect to who they can sell non-QPS and feedstock methyl bromide to and in what amounts. Suppliers with questions on who they can supply methyl bromide to, or how much, should contact the department for advice.
There are no restrictions for suppliers with respect to who they can sell QPS stocks of methyl bromide to.
Suppliers are required to report to the Department of the Environment, Water, Heritage and the Arts who they have sold methyl bromide to, and in what amounts, within 14 days of the end of each quarter. The Department of the Environment, Water, Heritage and the Arts has designed a Report of Sales Form, for this purpose. However, suppliers may choose to submit their reports in their own format, provided the information contained in their report is still consistent with the information contained in the department's example Report of Sales Form.
Important for all suppliers: if suppliers of methyl bromide do not make any sales in a report period they are still required to provide a nil report to the department.
Once-only report of stockpiles by anyone who purchases methyl bromide
Anyone who buys methyl bromide, including importers, any time after 1 January 2005 must provide a report to the Department of the Environment, Water, Heritage and the Arts within 14 days of the end of the first quarter in which they made the purchase. This report must contain information on the amount of methyl bromide they possessed immediately before making that first purchase. Buyers of methyl bromide should note that this report must be provided only in relation to stocks they possessed at the time of their first purchase of methyl bromide after 1 January 2005. Buyers are requested to advise whether their stockpile was of QPS or non-QPS stock.
Please note that any non-QPS stockpiles of methyl bromide imported prior to 1 January 2005 can be used for any non-QPS purpose after 1 January 2005.
Users of methyl bromide
Anyone who uses methyl bromide must keep a record of the details of every fumigation performed. The record must be kept for a period of 5 years. For feedstock users of methyl bromide please see the section below for reporting requirements.
End users of methyl bromide that are already keeping a record of the information contained in the Record of All Use Form under another state, territory or Commonwealth law do not have to keep a second, duplicate record for the Department of the Environment, Water, Heritage and the Arts. However, if an end user is making such a record under another state, territory or Commonwealth law, that record:
- must be made available to any inspectors appointed by the Department of the Environment, Water, Heritage and the Arts; and
- must be kept for 5 years from the date that it is made.
Those end users who are not required to keep such records for other government agencies must use the Record of All Use Form to record the details of each use of methyl bromide.
In addition to the records for each fumigation performed, end users must keep a separate summary record, on the Summary Record of All Use Form provided by the Department of the Environment, Water, Heritage and the Arts, which records a summary of the total amount of methyl bromide used each day.
End users that also hold an exemption to use methyl bromide for non-QPS purposes are required to report all use under their exemption to the Department of the Environment, Water, Heritage and the Arts.
All other end users who are not exemption holders are not required to report to the Department of the Environment, Water, Heritage and the Arts about their use for either QPS or non-QPS purposes, but should be aware that inspectors appointed under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 ('the Act') may audit their records at any time.
Contracted fumigators for exemption holders should note that they must sign the exemption holders Report of All Use of Methyl Bromide by Critical Use Exemption Holders verifying the details of each fumigation are correct.
Feedstock users of methyl bromide
Anyone who uses methyl bromide as a feedstock must possess a feedstock permit issued by the Department of the Environment, Water, Heritage and the Arts.
Feedstock is defined in the Act as 'an intermediate substance which is used to manufacture other chemicals'.
The feedstock permit allows the holder to buy and use methyl bromide as a feedstock. The permit, which must be applied for annually, specifies:
- who the permit holder may purchase methyl bromide from, and in what amounts;
- the maximum amount of methyl bromide the permit holder may use in a calendar year; and
- what chemicals the holder is permitted to use methyl bromide to manufacture.
For each day that they use methyl bromide, feedstock permit holders must keep a record of:
- the date the methyl bromide was used;
- the amount used; and
- what chemical or chemicals the methyl bromide was used to manufacture.
Permit holders may use their own record keeping systems to record their use, and these records must be kept for 5 years. Permit holders should be aware that inspectors appointed under the Act may audit their records at any time.
Feedstock permit holders must report to the department within 21 days of the end of a permit year:
- the quantity of methyl bromide used as a feedstock in the year; and
- what chemical or chemicals the methyl bromide was used to manufacture.
Please note: if no methyl bromide was used as a feedstock during the permit period permit holders are still required to report this to the department. Anyone wishing to apply for a feedstock permit should download the permit application form and send it to the Department of the Environment, Water, Heritage and the Arts. There is no application fee and applicants should expect a decision about the application within 30 days.
Critical use exemption users
Individuals and companies, or their industry associations that have been granted a critical use exemption must be aware of their obligations under the regulations.
Individual exemption holders are required to keep a record, on the form Report of All Use of Methyl Bromide by Critical Use Exemption Holders provided by the Department of the Environment, Water, Heritage and the Arts, of the details of every use of methyl bromide under their exemption, whether contracted fumigators or they themselves perform the fumigation. Exemption Holders are also required to send that record to the department within 14 days of the end of each 6 month period, starting in January and July. It is the responsibility of Exemption Holders to ensure that they are using the correct form.
If a fumigation is performed by a contracted fumigator the contractor must sign the record after each entry to verify the details on the form are correct. The details of who each individual exemption holder has nominated to supply them methyl bromide in their exemption year, and their allocated amounts, are contained in the Non-QPS Exemption List for that year. Exemption Holders should note that they may only purchase methyl bromide from their nominated supplier/s in the list for the relevant year.
National Critical Use Strategy
The Australian Government has prepared a National Management Strategy on Australia's Critical Uses of Methyl Bromide. The strategy has been prepared in response to Montreal Protocol decisions that request Australia to submit a national management strategy that describes how Australia will continue to progress its phase-out of critical uses of methyl bromide. The strategy also outlines Australia's approach for dealing with any proposed new critical use nominations for methyl bromide.
Quarantine and pre-shipment uses of methyl bromide
The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 state that methyl bromide is used for QPS if:
- it is applied by, or with the authorisation of, a Commonwealth, State or Territory authority to prevent the introduction, establishment or spread of a pest or disease in Australia, a state or a territory or
- it is applied to a commodity, before it is exported, to meet the requirements of the importing country or a law of the Commonwealth
Please note that these definitions relate to official actions. Contractual or commercial requirements alone do not qualify for the QPS exemption. Non-QPS uses of methyl bromide are defined as all other uses that do not fall within the QPS definition.
The Ozone and Synthetic Gas Team can provide further guidance on whether your use of methyl bromide falls within the QPS definition.
Users of methyl bromide for QPS should prepare for likely changes to its current exempt status under the Montreal Protocol. Domestically there is a growing awareness among stakeholders that a coordinated and strategic approach to managing the substance's use in QPS is necessary both from an environmental perspective and to meet any future international obligations.
In December 1999, the Meeting of the Parties to the Montreal Protocol requested that the Protocol's Technical and Economic Assessment Panel, 'evaluate the technical and economic feasibility of alternative treatments and procedures that can replace methyl bromide for quarantine and pre-shipment.' Parties were also called on to review their use of methyl bromide for QPS. Some countries have strongly advocated the introduction of controls on QPS uses at previous Meetings of the Parties. It is expected that international pressure and attention on this issue will increase with a move towards the eventual phase-out of methyl bromide for all uses. The Technical and Economic Assessment Panel is expected to report back to the Parties in 2006. The Panel's Methyl Bromide Technical Options Committee has previously identified a range of alternatives available for various QPS uses.
Please contact the Ozone and Synthetic Gas Team for more information about these alternatives.
Development of a national strategy for management of methyl bromide used for quarantine and pre-shipment
Australia needs to develop a strategic approach to the use of methyl bromide for QPS applications that will meet environmental objectives in a manner that does not have an inappropriate or unreasonable impact on industry or on Australia's quarantine standards. Development of accepted quarantine strategies is a protracted process, involving difficult bilateral negotiations and substantial research and proving trials. Development of this strategy will ensure that Australia can undertake responsible international leadership in developing domestic policy on the use of methyl bromide for QPS purposes. It will place the Australian Government in a position to effectively negotiate for international controls that do not have an unreasonable or inappropriate impact on Australian industry and our quarantine controls. The department acknowledges that the businesses and industry associations in each industry sector using methyl bromide for QPS are best placed to advise on what actions would be most appropriate, effective and achievable to reduce their use of the substance. The department's priority in finalising the strategy is to ensure that any recommendations have the support and ownership of the sector to which they relate.
Contact details
For further information about your obligations under the regulations, to receive hard copies of any of the forms, or to discuss any methyl bromide issue, please contact the Ozone and Synthetic Gas Team at the contact details below.
Ozone and Synthetic Gas Team
Department of the Environment, Water, Heritage and the Arts
GPO Box 787
Canberra ACT 2601
Phone: (02) 6275 9197
Fax: (02) 6274 1610
Email: ozone@environment.gov.au
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