Ozone Layer Protection (Fees and Penalty Notices) Regulation Order 2011 (No. 100 of 2011)

REPUBLIC OF VANUATU OZONE LAYER PROTECTION ACT NO. 27 OF 2010 Ozone Layer Protection (Fees and Penalty Notice) Regulations Order No.100 of 2011 In exercise of the powers conferred on me by paragraph 30(2)(i) ofthe Ozone Layer Protection Act No. 27 of 2010, I, the Honourable STEVEN KALSAKAU, Minister of Lands, Geology and Mines, make the following Order. 1 Application fees (1) The fees set out in the Schedule are prescribed in respect of the matters to which they relate. (2) The fees prescribed under subregulation (1) are to be paid at the Ministry of Finance and Economic Management and are to be transferred into the Environmental Trust Fund established under the Environmental Protection and Conservation Act [CAP 283]. 2 Inspection fees (1) If the Director is ofthe opinion that the department needs to inspect the premises or facility in relation to an application, he or she may request the applicant to meet the reasonable costs incurred in carrying out the inspection. (2) Any fee, costs or expenses payable under this Regulation are recoverable as a civil debt owing to the Government, if the service to which they relate has been provided. Ozone Layer Protection (Fees and Penalty Notice) Regulation Order No.1Cfbf2011 • • 3 Penalty notice For the purposes of section 27 of the Act, the prescribed amount in respect of an offence committed under a provision of the Act listed in Column 2 of the Penalty Notice Table, is the amount set out in Column 3 ofthat Table: PENAL TV NOTICE TABLE Column 1 Column 2 Column 3 Items Provisions of the Ozone Layer Prescribed amount for the Protection Act No. 27 of 2010 offence (VT) 1 4(1) and (2) 2,500,000 plus 50 per kg of Importation of controlled sUbstances controlled substance (maximum penalty of 5,000 000) 2 5(1) and (2) 2,500,000 plus 50 per kg of Importation of certain prohibited goods controlled substance (maximum penalty of 5,000,000) 3 7(1) 2,500,000 plus 50 per kg of Exportation of controlled substances controlled sUbstance specified in Part I - VI of the Schedule (maximum penalty of 5,000,000) 4 7(2) 2,500,000 plus 50 per kg of Export of bulk controlled substance controlled substance without Directors approval (maximum penalty of 5,000,000) 5 Section 8 2,500,000 plus 50 per kg of Manufacture of controlled sUbstances controlled substance (maximum penalty of 5,000,000) 6 9 2,500,000 plus 50 per kg of Sale of controlled substances controlled substance (maximum penalty of 5,000,000) 7 13(2) 125,000 Refusing or failing to comply with a written request under section 13(1) 8 26(1)(a) 2,500,000 Acts in contravention of any requirement or prohibition under the Act (for which no other penalty amount is prescribed for in this Table) 9 26(1)(b) 2,500,000 Aiding or abetting any person in contravening any requirement or prohibition under the Act Ozone Layer Protection (Fees and Penalty Notice) Regulation Order No.1(Qoj2011 2 · \ 10 26(1)(c) 2,500,000 Conspiring with any person to do an act in contravention of any requirement or prohibition under the Act 11 26(2)(a) 2,500,000 Failure to comply with a condition of a permit, license or registration 12 26(2)(b) 2,500,000 Failure to comply with a notice given by the Director under section 25 of the Act (Call-up of substances or goods) 13 26(3) 500,000 In the course of servicing any equipment used in relation to any controlled substance, wilfully or negligently permitting any controlled substance to be discharged into the atmosphere 14 26(4)(a) 125,000 (individual) Hindering or obstructing an officer in 250,000 (body corporate) the performance of his or her duties under the Act, or the exercise of a power under the Act 15 26(4)(b) 125,000 (individual) Inducing or inciting any other person to 250,000 (body corporate) hinder or obstruct an Officer acting in accordance with the Act 16 26(4)(c) 125,000 (individual) By words or conduct falsely represents 250,000 (body corporate) that he or she is an Officer or who otherwise impersonates an Officer 17 26(4)(d) 125,000 (individual) Provides false or misleading 250,000 (body corporate) information 4 Period to pay penalty If the person served does not wish to have the matter determined by a Court, he or she must pay, within 21 days after receiving or being served with the notice, to a person specified in the notice, the amount of penalty prescribed under this Regulation. Ozone Layer Protection (Fees and Penalty Notice) Regulation Order No.1Jx)oj2011 3 · \ 5 Commencement This Order commences on the day on which it is made. Made at Port Vi::::la:.,.t,::h:;:;;is::..:::;::-- Ozone Layer Protection (Fees and Penalty Notice) Regulation Order No.lCtJof2011 4 SCHEDULE FEES FEES TABLE ITEM ITEM AMOUNT PAYABLE No. (VTl 1 Application for registration (al 18(1)(a) - Registration as an Ap~oved Importer 10,000 (b) 18(1)(J» - Registration as an Approved Facility 20,000 (c) 18-<3) . - Aplllication for renewal of registration 5,000 2 Application for a license (a) 19(1) - License to purchase, sell, store, process, recover, recycle or refill a controlled substance 20,000 (b) 20(1) - Base year license for HCFC's 100 per kg (minimum application fee ofVTlOO) (c) 20(3) - Application for renewal of base year 100 per kg license for HCFC's (minimum application fee of VT100) , (d) 21(1) - License to handle controlled substances 10,000 (e) 12(I)(h) - Application for renewal of license 5,000 3 Application for a permit Ca) 14(2) - Quarantine and pre-shipment permit 10,000 (b) 15(2) - Medical and health-related permit 10,000 (c) 16(b) - Import permit for Approved Importers 100 per kg (minimum application fee ofVTlOO) Ozone Layer Protection (Fees and Penalty Notice) Regulation Order No:lo{)Jj2011 5