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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989 - SECT 12A

Simplified outline of this Part

A person must not carry out any of the following activities unless the person holds a licence that allows the activity (subject to certain exceptions):

  (a)   manufacturing, importing or exporting a scheduled substance;

  (b)   manufacturing, importing or exporting equipment that contains a scheduled substance, or uses a scheduled substance in its operation.

In certain cases, the manufacture, import or export of equipment that contains a scheduled substance, or uses a scheduled substance in its operation, is prohibited only if the equipment or substance (or both) is prescribed by regulations made under this Act.

There are 5 kinds of licence, as follows:

  (a)   controlled substances licences, that allow the manufacture, import or export of HCFCs, methyl bromide or SGGs;

  (b)   essential uses licences, that allow the manufacture, import or export of scheduled substances (other than methyl bromide and SGGs other than HFCs) for essential uses;

  (c)   used substances licences, that allow the import or export of used substances;

  (d)   feedstock licences, that allow the manufacture or import of scheduled substances exclusively for use as a feedstock;

  (e)   equipment licences, that allow the manufacture, import or export of equipment that contains a scheduled substance, or that uses a scheduled substance in its operation.

There are certain mandatory licence conditions, including conditions relating to quotas for manufacturing or importing HCFCs or HFCs under controlled substances licences (see Parts IV and IVA). The Minister may also impose licence conditions.

The Minister may renew a licence, subject to certain conditions. The Minister may also:

  (a)   terminate a licence if necessary for the purposes of giving effect to relevant international agreements; or

  (b)   transfer a licence, on application; or

  (c)   amend a licence at the request of the licensee; or

  (d)   suspend or cancel a licence if the licensee contravenes a licence condition, is no longer a fit and proper person to hold a licence or, for a suspension, is uncontactable.

The regulations may provide for certain details relating to licences to be published.



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