Commonwealth Numbered Regulations

OZONE PROTECTION AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 16 - SCHEDULE 1

(regulation 3)

[1] Regulation 1

after

Ozone Protection

insert

and Synthetic Greenhouse Gas Management

[2] Regulations 2, 3 and 4

substitute

2 Definition

In these Regulations:

"Act" means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .

3 Exemption (Act s 13)
For subsection 13 (1A) of the Act, the following circumstances are prescribed:

(a)

in the case of the manufacture or import of an SGG by a person — that a permit for the manufacture or import of the quantity and kind of the SGG has been granted to the person under regulation 3A;

(b)

in the case of the manufacture of an SGG — that the manufacture consists of the formation of the SGG as a by-product of the manufacture of aluminium.

3A Permit for use of SGG in production or casting of magnesium
(1) The Minister may grant a permit for a specified quantity of a specified SGG to be manufactured or imported for use in the production or casting of magnesium if the person proposing to manufacture or import it produces:

(a)

if the SGG will be supplied to another person — a purchase order or similar document from the person to whom the SGG will be supplied; and

(b)

a statement from the person intending to use the SGG that it will be used in the production or casting of magnesium.

Note
See the Criminal Code , section 136.1, in relation to the making of false statements in applications for a licence, authority or benefit.

(2)

The permit must specify the period for which it remains valid.

(3) The Minister may revoke the permit if:

(a)

because of an event occurring before the SGG is manufactured or imported, the SGG is not able to be used for the purpose for which the permit was granted; or

(b)

there is reason to believe that a quantity of the SGG has been diverted to another purpose.

3B Review of decisions under regulation 3A
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister:

(a)

to refuse to grant a permit under subregulation 3A (1); or

(b)

to grant a permit with a particular period of validity; or

(c)

to revoke a permit.

3C Application fee for licence (Act s 14)
(1) For paragraph 14 (1) (aa) of the Act, the following application fees are prescribed:

(a)

for a controlled substances licence — $15 000;

(b)

for an essential uses licence — $3 000;

(c)

for a used substances licence — $15 000;

(d)

for a pre-charged equipment licence — $3 000.

(2) The Minister may waive the payment, by a person, of an application fee under subregulation (1) if:

(a)

the person applies for a controlled substances licence or a used substances licence to allow the manufacture, import or export of less than half a tonne of scheduled substances; and

(b)

the Minister is satisfied that the import, export or manufacture is for test purposes.

4 Application fee for exemption (Act s 40)

For paragraph 40 (2) (b) of the Act, the fee is $3 000.

[3] Regulation 6A

omit

payment of the fee

insert

payment of the application fee

[4] Schedule

omit