Ozone

Commonwealth legislation

About the legislation

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

The Commonwealth Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) controls the manufacture, import and export of all ozone depleting substances (ODSs) and their synthetic greenhouse gas (SGG) replacements. It also controls imports of refrigeration and air-conditioning equipment containing an HFC or HCFC refrigerant and grants the Commonwealth the power to create a nationally consistent system to control the end uses of these harmful gases.

Acts

Explanatory memoranda

Under the Act all licences to import or export ozone depleting substances carry a condition that the licensee must only import or export the substance from a country that has ratified the Montreal Protocol and the relevant subsequent Amendments. To help facilitate this, the Minister must maintain a Register of Montreal Protocol Countries and the substances for which those countries are to be treated as a Montreal Protocol country.

Regulations

The Ozone Protection and Synthetic Greenhouse Gas Management Regulation 1995 (as amended by the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2012 (No. 1)) contain controls relating to: import/export/manufacture licensing; manufacture and disposal of scheduled substances; refrigeration and air-conditioning; methyl bromide; and fire protection; import and export of any products and equipment containing hydrofluorocarbons, perfluorocarbons and SF6; and a requirement for importers and manufacturers to pay a levy incorporating a carbon charge component based on the equivalent carbon price.

Amendments

2010 amendment to the Ozone Protection Act 1989

In December 2010, the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Act 2010 (the Amendment Act) was passed by the Australian Parliament. The Amendment Act improves the operations of the existing Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) by:

2003 amendment to the Ozone Protection Act 1989

In December 2003, the Australian Parliament passed the Ozone Protection and Synthetic Greenhouse Gas Legislation Amendment Bill 2003. This Bill amended the Ozone Protection Act 1989, now called the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, and extended its scope in three significant areas. The amended Act:

Frequently asked questions

What substances are controlled by the Act?

The manufacture, import and export of all these substances is prohibited in Australia unless the correct licence is held.

The Act puts in to practice Australia's international commitments under the Montreal Protocol on Substances that Deplete the Ozone Layer.

What industries are affected by the Act?

Does the Act ban, or impose a quota or phase-out on HFCs or PFCs?

The Act does not put a ban, quota or phase-out on HFCs and PFCs, apart from a ban on importing HFCs in disposable containers.

Rather, consistent with the objectives of the United Nations Framework Convention on Climate Change, the Act aims to minimise the emission of these gases.

State and territory legislation

Regulations developed under the Commonwealth Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (as amended in 2003) are replacing state and territory ozone protection legislation. A number of states and territories have indicated that they intend to repeal their regulations to ensure there is no confusion. You should contact your state or territory environment protection agency to confirm the status of state or territory legislation.