Suppliers and buyers of methyl bromide
The sale, purchase and use of methyl bromide is controlled under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and associated Regulations. Suppliers, buyers and users of methyl bromide have obligations they must meet under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1999 and Regulations.
Record of sale form
Anyone who sells methyl bromide, whether for Quarantine and Pre-Shipment (QPS), non-Quarantine and Pre-Shipment (non-QPS) or feedstock purposes, must keep a record of the sale for five 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. 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 Quarantine and Pre-Shipment, non-Quarantine and Pre-Shipment or feedstock purposes.
Sellers may supply non-Quarantine and Pre-Shipment methyl bromide to a person who has a current critical use exemption approved by the Parties to the Montreal Protocol (an exempt person) only if the seller is listed as the nominated supplier for that exemption holder on the current non-Quarantine and Pre-Shipment Exemption List (and, if also required, the non-Quarantine and Pre-Shipment Intermediate Supplier List - see below) under the Regulations. These lists identify:
- methyl bromide users with an approved critical use exemption in a particular year
- their nominated suppliers (usually also an importer), and
- the maximum allocated amount of methyl bromide that may be used for the purpose specified under the approved critical use exemption for that particular year.
Where an exempt person nominates a supplier who sources their supply of non-Quarantine and Pre-Shipment methyl bromide from a third party (i.e. not a direct importer/supplier) then this intermediate supplier and the original supplier of the methyl bromide must be included on the current non-Quarantine and Pre-Shipment Intermediate Supplier List under the Regulations.
Feedstock is defined in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1999 as 'an intermediate substance which is used to manufacture other chemicals'.
Anyone who uses methyl bromide as a feedstock must possess a feedstock permit that is issued annually by the Department of the Environment. This permit allows the holder to buy and use methyl bromide as a feedstock, and specifies:
- from whom the permit holder may purchase methyl bromide 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.
Suppliers may sell feedstock methyl bromide to a person who has a feedstock permit, only if that supplier is listed as the nominated supplier on the feedstock permit.
All nominated (feedstock) and intermediate (non-Quarantine and Pre-Shipment) suppliers must ensure that:
- exempt persons are not supplied with more non-Quarantine and Pre-Shipment methyl bromide than the quantity specified on non-Quarantine and Pre-Shipment Exemption List for that particular year
- intermediate suppliers are not supplied with more non-Quarantine and Pre-Shipment methyl bromide than the quantity specified to be supplied to exempt persons, as per the non-Quarantine and Pre-Shipment Exemption List and non-Quarantine and Pre-Shipment Intermediate Supplier List for that particular year
- feedstock permit holders are not supplied with more feedstock methyl bromide in a permit period than the amount specified on the feedstock permit, and
- supplies of methyl bromide for any feedstock or non-Quarantine and Pre-Shipment purpose do not exceed the amount/s specified in the controlled substance licence held by the importer/s of the supply of methyl bromide being used.
Importers must comply with the conditions of their controlled substance licence, including who they can supply non-Quarantine and Pre-Shipment and feedstock methyl bromide to and in what amounts. Suppliers with questions about to whom they can supply methyl bromide, or how much, should contact the Department of the Environment for advice.
Currently, there are no restrictions for the supply of Quarantine and Pre-Shipment stocks of methyl bromide. There are, however, record-keeping requirements for the Quarantine and Pre-Shipment users of methyl bromide.
Report of sales form
Suppliers are required to report to the Department of the Environment within 14 days of the end of each quarter to whom they have sold methyl bromide (whether for Quarantine and Pre-Shipment, non-Quarantine and Pre-Shipment or feedstock purposes) and in what amounts. A Report of sales form is available for this purpose. However, suppliers may choose to submit their reports in their own format, provided the information contained in their report is consistent with the information contained in the Department of the Environment’s example:
For further information about your obligations under the Ozone Protection and Synthetic Greenhouse Gas Management Regulations, to receive hard copies of any of the forms, or to discuss any methyl bromide issue, please contact:
Ozone Protection and Synthetic Greenhouse Gas International Team
GPO Box 787
Canberra ACT 2601
Phone: +61 2 6274 1373
Fax: +61 2 6274 2849