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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Ozone
Protection Amendment Bill 1998
No. ,
1998
(Environment and
Heritage)
A Bill for an Act to amend the
Ozone Protection Act 1989, and for related purposes
ISBN: 0642
379238
Contents
A Bill for an Act to amend the Ozone Protection Act
1989, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Ozone Protection Amendment Act
1998.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 7(1) (definition of controlled
substances licence)
Repeal the definition, substitute:
controlled substances licence means a licence referred to in
subsection 13A(2).
2 Subsection 7(1) (definition of essential
uses licence)
Repeal the definition, substitute:
essential uses licence means a licence referred to in
subsection 13A(3).
3 Subsection 7(1) (definition of
Protocol)
Omit “is set out in Schedule 3”, substitute “is the text
set out in Schedule 3 as affected by the adjustments set out in Schedules 3A and
3B and the amendments set out in Schedules 3C”.
4 Subsection 7(1) (definition of used
substances licence)
Repeal the definition, substitute:
used substances licence means a licence referred to in
subsection 13A(4).
5 Subsection 13A(2)
Repeal the subsection, substitute:
(2) A controlled substances licence allows the licensee to carry out
whichever of the following activities is specified in it:
(a) manufacture HCFCs or methyl bromide;
(b) import HCFCs or methyl bromide;
(c) export HCFCs or methyl bromide.
6 Subsection 18(1)
Omit “import and export”, substitute “import or
export”.
7 Paragraph 18(6)(a)
Omit “(except HCFCs)”.
8 Section 23 (definition of
licence)
Omit “import and export”, substitute “import or
export”.
9 Section 23 (definition of
licensee)
Omit “import and export”, substitute “import or
export”.
10 Sections 42 and 43
Repeal the sections.
11 After paragraph
67A(1)(a)
Insert:
(aa) the power to require an applicant for a licence to give further
information under section 15;
After Schedule 3, insert:
Note: See the definition of Protocol in
subsection 7(1).
The following paragraph 8bis shall be inserted after paragraph 8
of Article 5 of the Protocol:
8bis. Based on the conclusions of
the review referred to in paragraph 8 above:
(a) With respect to the
controlled substances in Annex A, a Party operating under paragraph 1 of this
Article shall, in order to meet its basic domestic needs, be entitled to delay
for ten years its compliance with the control measures adopted by the Second
Meeting of the Parties in London, 29 June 1990, and reference by the Protocol to
Articles 2A and 2B shall be read accordingly;
The following subparagraph shall be inserted after subparagraph (a) of
paragraph 8bis of Article 5 of the Protocol:
(b) With respect to
the controlled substances in Annex B, a Party operating under paragraph 1 of
this Article shall, in order to meet its basic domestic needs, be entitled to
delay for ten years it compliance with the control measures adopted by the
Second Meeting of the Parties in London, 29 June 1990, and reference by this
Protocol to Articles 2C to 2E shall be read accordingly.
In paragraph 1(a) of Article 2F, for the words:
Three point
one
there shall be substituted:
Two point eight
The following sentence shall be added to the end of paragraph 5 of Article
2F of the Protocol:
Such consumption shall, however, be restricted to the
servicing of refrigeration and air conditioning equipment existing at that
date.
Article 2H of the Protocol shall read as follows:
1. Each Party shall ensure that for the twelve-month period commencing
on 1 January 1995, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substance in Annex E does not exceed,
annually, its calculated level of consumption in 1991. Each Party producing the
substance shall, for the same periods, ensure that its calculated level of
production of the substance does not exceed, annually, its calculated level of
production in 1991. However, in order to satisfy the basic domestic needs of
the Parties operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to ten per cent of its calculated level
of production in 1991.
2. Each Party shall ensure that for the
twelve-month period commencing on 1 January 2001, and in each twelve-month
period thereafter, its calculated level of consumption of the controlled
substance in Annex E does not exceed, annually, seventy-five per cent of its
calculated level of consumption in 1991. Each Party producing the substance
shall, for the same periods, ensure that its calculated level of production of
the substance does not exceed, annually, seventy-five per cent of its calculated
level of production in 1991. However, in order to satisfy the basic domestic
needs of the Parties operating under paragraph 1 of Article 5, its calculated
level of production may exceed that limit by up to ten per cent of its
calculated level of production in 1991.
3. Each Party shall ensure that
for the twelve-month period commencing on 1 January 2005, and in each
twelve-month period thereafter, its calculated level of consumption of the
controlled substance in Annex E does not exceed, annually, fifty per cent of its
calculated level of consumption in 1991. Each Party producing the substance
shall, for the same periods, ensure that its calculated level of production of
the substance does not exceed, annually, fifty per cent of its calculated level
of production in 1991. However, in order to satisfy the basic domestic needs of
the Parties operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to ten per cent of its calculated level
of production in 1991.
4. Each Party shall ensure that for the
twelve-month period commencing on 1 January 2010, and in each twelve-month
period thereafter, its calculated level of consumption of the controlled
substance in Annex E does not exceed zero. Each Party producing the substance
shall, for the same periods, ensure that its calculated level of production of
the substance does not exceed zero. However, in order to satisfy the basic
domestic needs of the Parties operating under paragraph 1 of Article 5, its
calculated level of production may exceed that limit by up to fifteen per cent
of its calculated level of production in 1991. This paragraph will apply save
to the extent that the Parties decide to permit the level of production or
consumption that is necessary to satisfy uses agreed by them to be critical
agricultural uses.
5. The calculated levels of consumption and production
under this Article shall not include the amounts used by the Party for
quarantine and pre-shipment applications.
The following paragraph 8ter shall be inserted after paragraph
8bis of Article 5 of the Protocol:
8ter. Pursuant to
paragraph 1bis above:
(a) Each Party operating under paragraph 1
of this Article shall ensure that for the twelve-month period commencing on 1
January 2016, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, its calculated level of consumption in 2015;
(b) Each
Party operating under paragraph 1 of this Article shall ensure that for the
twelve-month period commencing on 1 January 2040, and in each twelve-month
period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex C does not exceed zero;
(c) Each Party
operating under paragraph 1 of this Article shall comply with Article
2G:
(d) With regard to the controlled substance contained in Annex
E:
(i) As of 1 January 2002 each Party operating under paragraph 1 of
this Article shall comply with the control measures set out in paragraph 1 of
Article 2H and, as the basis for its compliance with these control measures, it
shall use the average of its annual calculated level of consumption and
production, respectively, for the period of 1995 to 1998
inclusive;
(ii) The calculated levels of consumption and production under
this subparagraph shall not include the amounts used by the Party for quarantine
and pre-shipment applications.
For "0.7" in the third column of Annex E substitute "0.6".
Note: See the definition of Protocol in
subsection 7(1).
Decision IX/1. Further adjustments with regard to Annex A
substances
To adopt, in accordance with the procedure laid down in
paragraph 9 of Article 2 of the Montreal Protocol and on the basis of the
assessments made pursuant to Article 6 of the Protocol, the adjustments with
regard to production of the controlled substances listed in Annex A to the
Protocol, as set out in Annex I to the report of the Ninth Meeting of the
Parties;
Decision IX/2. Further adjustments with regard to Annex B
substances
To adopt, in accordance with the procedure laid down in
paragraph 9 of Article 2 of the Montreal Protocol and on the basis of the
assessments made pursuant to Article 6 of the Protocol, the adjustments with
regard to production of the controlled substances listed in Annex B to the
Protocol, as set out in Annex II to the report of the Ninth Meeting of the
Parties;
Decision IX/3. Further adjustments and reductions with regard
to the Annex E substance
To adopt, in accordance with the procedure laid
down in paragraph 9 of Article 2 of the Montreal Protocol and on the basis of
the assessments made pursuant to Article 6 of the Protocol, the adjustments and
reductions of production and consumption of the controlled substance listed in
Annex E to the Protocol, as set out in Annex III to the report of the Ninth
Meeting of the Parties.
The following words shall be added at the end of paragraph 3(a) of
Article 5 of the Protocol:
relating to consumption
The following
subparagraph shall be added to paragraph 3 of Article 5 of the
Protocol:
(c) For controlled substances under Annex A, either the average
of its annual calculated level of production for the period 1995 to 1997
inclusive or a calculated level of production of 0.3 kilograms per capita,
whichever is the lower, as the basis for determining its compliance with the
control measures relating to production.
The following words shall be added at the end of paragraph 3(b) of
Article 5 of the Protocol:
relating to consumption
The following
subparagraph shall be added to paragraph 3 of Article 5 of the
Protocol:
(d) For controlled substances under Annex B, either the average
of its annual calculated level of production for the period 1998 to 2000
inclusive or a calculated level of production of 0.2 kilograms per capita,
whichever is the lower, as the basis for determining its compliance with the
control measures relating to production.
1. Paragraphs 2 to 4 of Article 2H of the Protocol shall be replaced by
the following paragraphs:
2. Each Party shall ensure that for the
twelve-month period commencing on 1 January 1999, and in the twelve-month period
thereafter, its calculated level of consumption of the controlled substance in
Annex E does not exceed, annually, seventy-five percent of its calculated level
of consumption in 1991. Each Party producing the substance shall, for the same
periods, ensure that its calculated level of production of the substance does
not exceed, annually, seventy-five percent of its calculated level of production
in 1991. However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to ten percent of its calculated level of production in
1991.
3. Each Party shall ensure that for the twelve-month period
commencing on 1 January 2001, and in the twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Annex E does not
exceed, annually, fifty percent of its calculated level of consumption in 1991.
Each Party producing the substance shall, for the same periods, ensure that its
calculated level of production of the substance does not exceed, annually, fifty
percent of its calculated level of production in 1991. However, in order to
satisfy the basic domestic needs of the Parties operating under paragraph 1 of
Article 5, its calculated level of production may exceed that limit by up to ten
percent of its calculated level of production in 1991.
4. Each Party
shall ensure that for the twelve-month period commencing on 1 January 2003, and
in the twelve-month period thereafter, its calculated level of consumption of
the controlled substance in Annex E does not exceed, annually, thirty percent of
its calculated level of consumption in 1991. Each Party producing the substance
shall, for the same periods, ensure that its calculated level of production of
the substance does not exceed, annually, thirty percent of its calculated level
of production in 1991. However, in order to satisfy the basic domestic needs of
the Parties operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to ten percent of its calculated level of
production in 1991.
5. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2005, and in each twelve-month period thereafter,
its calculated level of consumption of the controlled substance in Annex E does
not exceed zero. Each Party producing the substance shall, for the same
periods, ensure that its calculated level of production of the substance does
not exceed zero. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to fifteen percent of its calculated
level of production in 1991. This paragraph will apply save to the extent that
the Parties decide to permit the level of production or consumption that is
necessary to satisfy uses agreed by them to be critical
uses.
2. Paragraph 5 of Article 2H of the Protocol shall become paragraph
6.
1. The following shall be inserted after paragraph 8ter(d)(i) of
Article 5 of the Protocol:
(ii) Each Party operating under paragraph 1 of
this Article shall ensure that for the twelve-month period commencing on 1
January 2005, and in each twelve-month period thereafter, its calculated levels
of consumption and production of the controlled substance in Annex E do not
exceed, annually, eighty percent of the average of its annual calculated levels
of consumption and production, respectively, for the period of 1995 to 1998
inclusive;
(iii) Each Party operating under paragraph 1 of this Article
shall ensure that for the twelve-month period commencing on 1 January 2015 and
in each twelve-month period thereafter, its calculated levels of consumption and
production of the controlled substance in Annex E do not exceed zero. This
paragraph will apply save to the extent that the Parties decide to permit the
level of production or consumption that is necessary to satisfy uses agreed by
them to be critical uses;
2. Paragraph 8ter(d)(ii) of Article 5 of the
Protocol shall become paragraph 8 ter(d)(iv).
Adopted at the Ninth
Meeting of Parties to the Protocol.
Note: See the definition of Protocol in
subsection 7(1).
Decision IX/4. Further amendment of the Protocol
To adopt, in
accordance with the procedure laid down in paragraph 4 of Article 9 of the
Vienna Convention for the Protection of the Ozone Layer, the Amendment to the
Montreal Protocol as set out in Annex IV to the report of the Ninth Meeting of
the Parties.
Article 1: Amendment
The following paragraph shall be inserted after paragraph 1ter of
Article 4 of the Protocol:
1qua Within one year of the date of entry into
force of this paragraph, each Party shall ban the import of the controlled
substance in Annex E from any State not party to this Protocol.
The following paragraph shall be inserted after paragraph 2ter of
Article 4 of the Protocol:
2qua Commencing one year after the date of
entry into force of this paragraph, each Party shall ban the export of the
controlled substance in Annex E to any State not party to this
Protocol.
In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the
words:
and Group II of Annex C
there shall be
substituted:
, Group II of Annex C and Annex E
In paragraph 8 of Article 4 of the Protocol, for the
words:
Article 2G
there shall be substituted:
Articles 2G
and 2H
The following Article shall be added to the Protocol as Article
4A:
1. Where, after the phase-out date applicable to it for a controlled
substance, a Party is unable, despite having taken all practicable steps to
comply with its obligation under the Protocol, to cease production of that
substance for domestic consumption, other than for uses agreed by the Parties to
be essential, it shall ban the export of used, recycled and reclaimed quantities
of that substance, other than for the purpose of
destruction.
2. Paragraph 1 of this Article shall apply without prejudice
to the operation of Article 11 of the Convention and the non-compliance
procedure developed under Article 8 of the Protocol.
F. Article 4B:
Licensing
The following Article shall be added to the Protocol as
Article 4B:
1. Each Party shall, by 1 January 2000 or within three months
of the date of entry into force of this Article for it, whichever is the later,
establish and implement a system for licensing the import and export of new,
used, recycled and reclaimed controlled substances in Annexes A, B, C and
E.
2. Notwithstanding paragraph 1 of this Article, any Party operating
under paragraph 1 of Article 5 which decides it is not in a position to
establish and implement a system for licensing the import and export of
controlled substances in Annexes C and E, may delay taking those actions until 1
January 2005 and 1 January 2002, respectively.
3. Each Party shall,
within three months of the date of introducing its licensing system, report to
the Secretariat on the establishment and operation of that system.
4. The
Secretariat shall periodically prepare and circulate to all Parties a list of
the Parties that have reported to it on their licensing systems and shall
forward this information to the Implementation Committee for consideration and
appropriate recommendations to the Parties.
Article 2: Relationship to
the 1992 Amendment
No State or regional economic integration
organization may deposit an instrument of ratification, acceptance, approval or
accession to this Amendment unless it has previously, or simultaneously,
deposited such an instrument to the Amendment adopted at the Fourth Meeting of
the Parties in Copenhagen, 25 November 1992.
Article 3: Entry into
force
1. This Amendment shall enter into force on 1 January 1999,
provided that at least twenty instruments of ratification, acceptance or
approval of the Amendment have been deposited by States or regional economic
integration organizations that are Parties to the Montreal Protocol on
Substances that Deplete the Ozone Layer. In the event that this condition has
not been fulfilled by that date, the Amendment shall enter into force on the
ninetieth day following the date on which it has been fulfilled.
2. For
the purposes of paragraph 1, any such instrument deposited by a regional
economic integration organization shall not be counted as additional to those
deposited by member States of such organization.
3. After the entry into
force of this Amendment, as provided under paragraph 1, it shall enter into
force for any other Party to the Protocol on the ninetieth day following the
date of deposit of its instrument of ratification, acceptance or
approval.
Adopted at the Ninth Meeting of Parties to the
Protocol.
13 Subclause 10(2) of Schedule
4
After “apply to”, insert “the import of”.