(1) If the Minister becomes aware that in any year (the excess year ) the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by licensees is more than 90% of the HCFC industry limit for that year, the Minister must publish a notice in the Gazette .
(2) A notice must:
(a) specify the 1 January next following the date of the notice as the start of the first HCFC quota period; and
(c) specify the base year to be used in allocating HCFC quotas to licensees during the first HCFC quota period.
(3) The base year to be specified in a notice is the last calendar year before the excess year.
(4) A notice under this section is not a legislative instrument.