This Act provides for controls on activities involving certain ozone depleting substances and synthetic greenhouse gases (SGGs), collectively referred to as scheduled substances.

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. The Minister may also impose licence conditions.

Regulations made under this Act may make provision for the following:

  (a)   prohibiting or regulating the distribution, purchase, acquisition or disposal of scheduled substances;

  (b)   prohibiting or regulating the storage, use or handling of scheduled substances (other than certain uses of HCFCs);

  (c)   prohibiting or regulating the recovery, recycling or destruction of scheduled substances;

  (d)   labelling requirements for scheduled substances and for equipment that contains or uses scheduled substances.

A person must not, except in limited circumstances:

  (a)   discharge a scheduled substance if it is likely to enter the atmosphere; or

  (b)   use an HCFC that was manufactured or imported on or after 1   January 2020.

A person may have reporting obligations if the person:

  (a)   manufactures, imports or exports a scheduled substance; or

  (b)   manufactures, imports or exports equipment under an equipment licence.

Record - keeping obligations relating to the manufacture, import or export of scheduled substances by licensees are provided for by the regulations.

This Act and the regulations are enforced by triggering certain provisions of the Regulatory Powers Act. Provision is also made for:

  (a)   the use and disclosure of information obtained under this Act or the Regulatory Powers Act as it applies in relation to this Act; and

  (b)   applicants and licensees to seek review of certain decisions made under this Act.