About the legislation
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and related Acts (the Ozone Acts) protect the environment by reducing emissions of Ozone Depleting Substances (ODS) and Synthetic Greenhouse Gases (SGGs). The Ozone Acts control the manufacture, import, export and end use of ODS and SGGs and products containing these gases. These gases are commonly used as refrigerant gases in refrigeration and air conditioning equipment.
- Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
- Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995
- Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995
The Ozone Acts are supported by the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 and related regulations.
- Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995
- Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2004
- Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Regulations 2004
Ozone Acts Review
Australia has a long history of success in reducing emissions of ODS and SGGs through working in partnership with businesses that supply and use these gases. While the Ozone Acts have been successful to date, they have not been reviewed since 2001 and so it is timely to assess their appropriateness, efficiency and effectiveness.
The objectives of the review are to:
- Identify opportunities to improve and streamline the operation of the Ozone Acts including reducing regulatory compliance costs for business and the community
- Identify opportunities to reduce emissions of ODS and SGGs in line with international efforts.
Consultation on the Terms of Reference
On 23 May 2014, the Government invited submissions on the Terms of Reference for the review of the Ozone and Synthetic Greenhouse Gas Management Act 1989 and related legislation (the Ozone Acts). The public consultation period ended on 18 July 2014.
Submissions on the Terms of Reference will help guide the review of the Act and inform the Interim Report of the review, expected to be released for public consultation in late 2014/early 2015.
Technical Working Group
The Technical Working Group is to provide detailed comments and technical advice to the Department throughout the review. The Technical Working Group’s advice will be in addition to the opportunity to make submissions throughout the review. The Technical Working Group will be established by the Department and will reflect a range of industries impacted by the legislation.
Current Act amendments
The following information provides a summary of amendments to the Ozone Acts that are currently being considered or have recently been passed by the Parliament.
Omnibus Repeal Day (Autumn 2014) Act 2014
The Omnibus Repeal Day (Autumn 2014) Act 2014 amended the Ozone legislation to:
- Exempt low volume importers from the requirement of holding an ODS/SGG equipment licence. The conditions for a low volume import will be set in the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the Regulations). The low volume import exemption cannot be implemented until the Regulations are amended. It is anticipated that the Regulations will be amended shortly.
- Narrow the scope of the current HCFC and CFC refrigeration and air conditioning equipment ban. Equipment that is designed to operate by using HFCs but that may also operate using HCFCs or CFCs will no longer be banned. Further information on the current ban.
- Ensure that heel, the unrecoverable gas left in bulk cylinders once they have been decanted, can be considered in calculating HCFC quota and levies to be paid under the Acts. The heel allowance percentage will be set in the Regulations. It is anticipated that the Regulations will be amended shortly.
- Move the requirement to provide quarterly reports where no imports have been made from licence conditions to the Act. The detailed requirements for these reports will be set out in the regulations. Until the regulations are made, reporting should be completed using the current reporting requirements.
- Simplify the process of surrendering an import, manufacture or export licence.
- Amend the ozone depleting potentials listed in the Act for dibromofluoromethane and methyl bromide to align with the Montreal Protocol.