Environment Protection (Ozone) Regulations 1994

SOUTH AUSTRALIA ENVIRONMENT PROTECTION (OZONE) REGULATIONS 1994 SUMMARY OF PROVISIONS 1. Citation 2. Commencement 3. Interpretation 4. Continued use, etc., of certain products containing prescribed substances 5. BCF fire extinguishers 6. Conditional exemptions for certain products 7. Employees of exempt persons also exempt 8. Students at exempt educational institutions also exempt 9. Owner of certain products must engage accredited person for service 10. Labelling 11. Fees 12. Form of exemption 13. Section 48 of Act not to apply 14. HCFCs not prescribed substances until 31 May 1996 15. Transitional provision SCHEDULE 1 Label for products containing prescribed substances SCHEDULE 2 Fees SCHEDULE 3 HCFCs under Commonwealth Act APPENDIX DIVISIONAL PENALTIES AND EXPIATION FEES 1. 1 REGULATIONS UNDER THE ENVIRONMENT PROTECTION ACT 1993 Environment Protection (Ozone) Regulations 1994 being No. 182 of 1994: Gaz. 27 October 1994, p. 13371 1 Came into operation 1 May 1995: reg. 2. 2. 2 Citation 1. These regulations may be cited as the Environment Protection (Ozone) Regulations 1994. Commencement 2. These regulations will come into operation on the day on which the Act comes into operation. Interpretation 3. In these regulations "accredited person" means a person accredited by the Authority as a person qualified to service a product containing a prescribed substance; "the Act" means the Environment Protection Act 1993; "BCF fire extinguisher" means a fire extinguisher containing Halon 1211; "commercial refrigerator" means a refrigerator that is not a domestic refrigerator; "commission" means put a prescribed substance into plant or equipment, and "decommission" has the reverse meaning; "domestic refrigerator" means a free-standing refrigerator designed for use in domestic premises; "exempt person" means a person who has an exemption under Part 6 of the Act or Part V of the Commonwealth Act authorising the person to manufacture or import a product containing a prescribed substance; "the former regulations" means the Clean Air (Ozone Protection) Regulations 1990; "halon flooding fire control system" means a fixed fire extinguishing system containing Halon 1301; "imported" means imported into South Australia; "manufactured" means manufactured within South Australia; "refrigerator" includes a freezer; "use", in relation to a product containing a prescribed substance, does not include service the product. Note: For definition of divisional penalties (and divisional 3. 3 expiation fees) see Appendix. Continued use, etc., of certain products containing prescribed substances 4. (1) Subject to this regulation, a person may use, store, sell or dispose of a product containing a prescribed substance if (a) the product was manufactured or imported before 1 June 1990; or (b) the product was manufactured or imported after that date by an exempt person; or (c) the prescribed substance is an HCFC referred to in schedule 3 and the product contains no other prescribed substance. (2) Subregulation (1)(a) or (b) does not apply to (a) a BCF fire extinguisher; or (b) a refrigerator, air conditioner or halon flooding fire control system that contains three kilograms or more of a prescribed substance; or (c) the disposal of a refrigerator (other than a domestic refrigerator), air conditioner or halon flooding fire control system containing less than three kilograms of a prescribed substance; or (d) the disposal of a motor vehicle air conditioner. BCF fire extinguishers 5. (1) A person may use or store a BCF fire extinguisher if (a) it (i) was manufactured or imported before 1 June 1990; or (ii) was manufactured or imported after that date by an exempt person; and (b) it is used only for the purposes of extinguishing a fire (not being a fire deliberately lit for the purposes of firefighting training). (2) Subregulation (1) ceases to apply in relation to a BCF fire extinguisher on (a) the day on which it is next liable to be subjected to a hydrostatic test; or 4. 4 (b) 31 December 1995, whichever is the earlier, and the person who owns or has possession of the extinguisher must, before that day, deliver the extinguisher to an office or station of the South Australian Metropolitan Fire Service, the Country Fire Service or the DASCEM Halon Bank for disposal. Penalty: Division 9 fine. Expiation fee: Division 9 fee. (3) The South Australian Metropolitan Fire Service or the DASCEM Halon Bank may cause BCF fire extinguishers to be decommissioned. Conditional exemptions for certain products 6. (1) A person (a) who owns or has possession of a refrigerator, air conditioner or halon flooding fire control system that contains three kilograms or more of a prescribed substance; and (b) who was, immediately before the commencement of these regulations, exempted under regulation 5a of the former regulations in respect of the use of that refrigerator, air conditioner or fire control system, is exempt from the operation of section 75 of the Act subject to this regulation. (2) An exemption under subregulation (1) is subject to the following conditions: (a) the person must cause the unit to which the exemption relates to be serviced at intervals of not more than six months; (b) the person must not engage a person other than an accredited person to service the unit; (c) the person must keep a log book in respect of the unit, containing the dates on which the unit was serviced, details of the work performed and the accreditation number of the accredited person who performed the work; (d) the person must make the log book referred to in paragraph (c) available for inspection by an authorised officer; (e) the person must not remove or deface the label that has 5. 5 been fixed to the unit by the manufacturer in accordance with these regulations. (3) The exemption under subregulation (1) of a person who owns or has possession of a halon flooding fire control system is subject to the following further conditions: (a) the person must not cause or permit a test to be carried out on the unit that would release halon into the atmosphere; 6. 6 (b) the person must not cause or permit the unit to be discharged except for the purposes of extinguishing a fire; (c) if any halon is released from the unit other than for the purposes of extinguishing a fire, the person must give written notice of the release to the Authority and of the reason for the release; (d) if the unit is decommissioned, the person (i) must cause the halon to be stored pending its disposal; and (ii) must give written notice of the decommissioning to the Authority; and (iii) must not dispose of the halon except in accordance with the approval of the Authority. (4) A notice required to be given to the Authority under this regulation must be addressed to the Authority at the principal office of the Authority. (5) This regulation does not apply in respect of a halon flooding fire control system after 30 June 1996. Employees of exempt persons also exempt 7. An employee (including an apprentice) of an exempt person or of any other person exempted (in whole or part) from the operation of section 75 of the Act is, to the extent that he or she is engaged in an activity undertaken in compliance with the employer's exemption, exempt from the operation of that section. Students at exempt educational institutions also exempt 8. A student attending an educational institution that is exempt (in whole or part) from the operation of section 75 of the Act is, to the extent that he or she participates in an activity undertaken in compliance with the institutions's exemption, exempt from the operation of that section. Owner of certain products must engage accredited person for service 9. A person who owns or has possession of a refrigerator, air conditioner or halon flooding fire control system that contains less than three kilograms of a prescribed substance must not engage a person other than an accredited person to service the unit. Penalty: Division 9 fine. Expiation fee: Division 9 fee. 7. 7 8. 8 Labelling 10. The manufacturer of a product that contains a prescribed substance and that can only be serviced by an accredited person must affix to the product, in a position visible to a person about to carry out any such work on the product, a label that (a) conforms with schedule 1; and (b) is of dimensions such that the wording of the label is easily legible; and (c) is printed in black on a yellow background; and (d) will endure for the life of the product. Penalty: Division 9 fine. Expiation fee: Division 9 fee. Fees 11. (1) The fee for the accreditation of a person for a period of two years is as set out in Part A of schedule 2. (2) The fees payable in respect of an application under Part 6 of the Act for exemption from the operation of section 75 of the Act are as set out in Part B of schedule 2. (3) Where the fee payable by an applicant for exemption exceeds $50 the applicant is exempt from the requirement to pay the fee at the time of lodgment of the application, provided that the fee is paid in four equal quarterly instalments in advance of each quarter. Form of exemption 12. An exemption from the operation of section 75 of the Act will be in a form determined by the Authority. Section 48 of Act not to apply 13. Section 48 of the Act does not apply to an exemption from the operation of section 75 of the Act. HCFCs not prescribed substances until 31 May 1996 14. (1) The substances referred to in schedule 3 are not prescribed substances for the purposes of Division 3 of Part 8 of the Act or these regulations. (2) This regulation expires on 31 May 1996. Transitional provision 15. (1) A person holding an accreditation under the former regulations is to be taken to be accredited for the purposes of 9. 9 these regulations until 31 May 1996. (2) When the Authority makes a decision granting an exemption under Part 6 of the Act in respect of the operation of section 75 of the Act to a person who held an exemption that was of the same effect under section 30b of the repealed Clean Air Act 1984, the exemption document issued by the Minister under the repealed Act is to be taken to be an exemption granted by the Authority from section 75 of the Act in the form required by these regulations. 10. 10 SCHEDULE 1 Label for products containing prescribed substances [Label appears in Gaz. 27 October 1994, p. 1337] 11. 11 SCHEDULE 2 Fees PART A Fee for accreditation by the Minister for a period of two years $50.00 PART B Fee for exemption by the Minister (a) in the case of a person who imports any of the following prescribed substances for sale or use by that person: CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, CFC-217, Halon-1211, Halon-1301, Halon-2402, Carbon Tetrachloride 10 cents for each kilogram of those imported prescribed substances sold or used during the year ending 31 December preceding the date of the application. (b) in the case of any other applicant $50.00. 12. 12 SCHEDULE 3 HCFCs under Commonwealth Act HCFC-21 HCFC-22 HCFC-31 HCFC-121 HCFC-122 HCFC-123 HCFC-123 HCFC-124 HCFC-124 HCFC-131 HCFC-132 HCFC-133 HCFC-141 HCFC-141b HCFC-142 HCFC-142b HCFC-151 HCFC-221 HCFC-222 HCFC-223 HCFC-224 HCFC-225 HCFC-225ca HCFC-225cb HCFC-226 HCFC-231 HCFC-232 HCFC-233 HCFC-234 HCFC-235 HCFC-241 HCFC-242 HCFC-243 HCFC-244 HCFC-251 HCFC-252 HCFC-253 HCFC-261 HCFC-262 HCFC-271 Any other HCFC that is referred to in schedule 1 of the Commonwealth Act. 13. 13 APPENDIX DIVISIONAL PENALTIES AND EXPIATION FEES At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows: Division Maximum Maximum Expiation imprisonment fine fee 1 15 years $60 000 2 10 years $40 000 3 7 years $30 000 4 4 years $15 000 5 2 years $8 000 6 1 year $4 000 $300 7 6 months $2 000 $200 8 3 months $1 000 $150 9 - $500 $100 10 - $200 $75 11 - $100 $50 12 - $50 $25 Note: This appendix is provided for convenience of reference only.