Australian Capital Territory Numbered Regulations

OZONE PROTECTION REGULATIONS (NO. 13 OF 1992) - REG 3

        (a)     in the case of a halon flooding system installed and operable before the commencement date, or a portable halon fire extinguisher acquired and charged with an ozone depleting substance before the commencement date—the person discharges an ozone depleting substance from the system or extinguisher to control or extinguish a fire; or

        (b)     in the case of a halon flooding system installed after the commencement date, or a portable halon fire extinguisher acquired and charged with an ozone depleting substance after the commencement date—the person discharges an ozone depleting substance from the system or extinguisher to control or extinguish a fire for the purposes of—

              (i)     protecting a person in a situation where human occupancy is essential and timely evacuation is not possible;

              (ii)     facilitating the continued operation of equipment the operation of which is necessary to protect human life; or

              (iii)     protecting equipment the operation of which is in the public interest and the failure of which may have an adverse effect on that public interest;

and there is no acceptable alternative means of fire protection available.

(2) A person is exempt from compliance with section 5 of the Act if—

        (a)     the person discharges an aerosol product which—

              (i)     contains an ozone depleting substance; and

              (ii)     is exempt under section 40 of the Commonwealth Act;

        (b)     the person discharges an aerosol product which—

              (i)     contains methyl chloroform; and

              (ii)     was manufactured or imported before the commencement of the Ozone Protection Amendment Act 1992 of the Commonwealth;

        (c)     the person discharges an ozone depleting substance from a steriliser being used in the process of sterilising medical devices or equipment where—

              (i)     the steriliser was purchased and used for the purpose of sterilising medical devices or equipment before 1 January 1993;

              (ii)     no acceptable alternative exists to the use of the substance in that process; and

              (iii)     the person takes all reasonable precautions to ensure that discharge of the substance is limited to the maximum extent possible;

        (d)     the person discharges an ozone depleting substance in the operation of dry cleaning equipment and the person takes all reasonable precautions to ensure that discharge of the substance is limited to the maximum extent possible; or

        (e)     the person discharges an ozone depleting substance as a solvent for cleaning or degreasing where—

              (i)     no acceptable alternative exists to the use of the substance and the use of the substance is necessary for the continued operation of the person's business; and

              (ii)     the person takes all reasonable precautions to ensure that discharge of the substance is limited to the maximum extent possible.

General exemption