Ozone Depleting Substances (Amendment) Act No. 44 of 2020

275 TO AMEND THE OZONE DEPLETING SUBSTANCES ACT 1998 ENACTED by the Parliament of the Republic of Fiji— Short title and commencement 1.—(1) This Act may be cited as the Ozone Depleting Substances (Amendment) Act 2020. (2) This Act comes into force on a date or dates appointed by the Minister by notice in the Gazette. (3) In this Act, the Ozone Depleting Substances Act 1998 is referred to as the “Principal Act”. Long title amended 2. The Principal Act is amended in the long title after “DEPLETING SUBSTANCES” by inserting “AND SUBSTANCES WITH HIGH GLOBAL WARMING POTENTIAL”. Section 5 amended 3. Section 5 of the Principal Act is amended by— (a) in the definition of “controlled substance”, deleting “listed in the Schedule” and substituting “and any substance with high global warming potential listed in Schedule 1”; and ACT NO. 40 OF 2020 I assent. J. K. KONROTE President [11 December 2020] AN ACT 276 Ozone Depleting Substances (Amendment)—40 of 2020 (b) inserting the following new definition— ““HCFC chiller” means any equipment containing a controlled substance listed in Part 2 of Schedule 1 that removes heat from a liquid by way of vapour compression, the absorption refrigeration cycle, air or processed water so that the liquid can be circulated through a heat exchanger to cool confined spaces;”. Section 12 amended 4. Section 12(2)(b) of the Principal Act is amended by deleting “Vienna Convention for the protection of the Ozone Layer and Montreal Protocol on substances not deplete the Ozone layer” and substituting “Vienna Convention for the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer”. Section 14 amended 5. Section 14 of the Principal Act is amended by— (a) deleting “the Schedule” wherever it appears and substituting “Schedule 1”; (b) deleting subsection (2) and substituting the following— “(2) No person shall import, export or manufacture any controlled substance in bulk listed in Part 2 of Schedule 1 with effect from 1 January 2030.”; and (c) after subsection 7, inserting the following new subsections— “(7A) No person shall import, export or manufacture any HCFC chiller with effect from 1 January 2021. (7B) No person shall manufacture any controlled substance listed in Part 3 of Schedule 1 with effect from 1 January 2021. (7C) No person shall import any controlled substance listed in Part 3 of Schedule 1 from a State that is not a party to the Montreal Protocol on Substances that Deplete the Ozone Layer with effect from 1 January 2033. (7D) No person shall export any controlled substance listed in Part 3 of Schedule 1 to a State that is not a party to the Montreal Protocol on Substances that Deplete the Ozone Layer with effect from 1 January 2033. (7E) No person shall import, export, manufacture, sell, store, process, purchase for resale or dispose of, as the case may be, any of the substances listed in Schedule 2.”. Section 14A inserted 6. The Principal Act is amended after section 14 by inserting the following new section— “Exemptions by the Director 14A.—(1) Notwithstanding section 14, the Director may exempt any person from the requirement to comply with any limitation or prohibition under section 14. Ozone Depleting Substances (Amendment)—40 of 2020 277 (2) The exemption under subsection (1) must be determined in accordance with the exemptions provided for under the Montreal Protocol on Substances that Deplete the Ozone Layer.”. Sections 22A and 22B inserted 7. The Principal Act is amended after section 22 by inserting the following new sections— “Fixed penalty notice 22A.—(1) Subject to this section, where the Director has reason to believe that a person has committed an offence under this Act, the Director may institute proceedings in respect of the alleged commission of the offence by issuing that person with a fixed penalty notice. (2) A fixed penalty notice issued under subsection (1) must— (a) name the person to whom the fixed penalty notice is issued; (b) specify the particulars of the offence; (c) specify the fixed penalty that the person named on the fixed penalty notice is required to pay; and (d) specify any other information prescribed by regulations. (3) Nothing in this section is taken to prevent the institution of proceedings under any provision of this Act. Regulations for the issuance of fixed penalty notices 22B. The Minister may make regulations prescribing matters that are required to be prescribed or are necessary or convenient to be prescribed for the issuance of fixed penalty notices under section 22A, including— (a) the offences for which fixed penalty notices may be issued; (b) the fixed penalties for prescribed offences; (c) the manner, form and timeframes for which fixed penalty notices are to be issued; (d) the actions a person may undertake on receipt of a fixed penalty notice; and (e) the penalties that a person to whom a fixed penalty notice has been issued may be liable to.”. Section 25 amended 8. Section 25(1) of the Principal Act is amended after paragraph (e) by inserting the following new paragraph— “(ea) prescribe penalties not exceeding a fine of $500,000 or imprisonment for a term not exceeding 10 years or both;”. 278 Ozone Depleting Substances (Amendment)—40 of 2020 Schedule amended 9. The Schedule to the Principal Act is amended by— (a) deleting “SCHEDULE” and substituting “SCHEDULE 1”; (b) in Part 1, deleting Group I and substituting the following— “Group I – any of the following Chlorofluorocarbons whether virgin, recycled or in a mixture— Chemical Substance Ozone Depleting 100-Year Global Formula Potential Warming Potential CFCl3 CFC-11 1.0 4,750 CF2Cl2 CFC-12 1.0 10,900 C2F3Cl3 CFC-113 0.8 6,130 C2F4Cl2 CFC-114 1.0 10,000 C2F5Cl CFC-115 0.6 7,370 CF3Cl CFC-13 1.0 C2FCl5 CFC-111 1.0 C2F2Cl4 CFC-112 1.0 C3FCl7 CFC-211 1.0 C3F2Cl6 CFC-212 1.0 C3F3Cl5 CFC-213 1.0 C3F4Cl4 CFC-214 1.0 C3F5Cl3 CFC-215 1.0 C3F6Cl2 CFC-216 1.0 C3F7Cl CFC-217 1.0 ”; (c) in Part 2, deleting Group I and substituting the following— “Group I – HCFCs – any of the following Hydrochlorofluorocarbons whether virgin, recycled or in a mixture— Chemical Substance Number of Ozone 100-Year Formula isomers Depleting Global Potential* Warming Potential*** CHFCl2 HCFC-21** 1 0.04 151 CHF2Cl HCFC-22** 1 0.055 1,810 CH2FCl HCFC-31 1 0.02 C2HFC14 HCFC-121 2 0.01-0.04 C2HF2Cl3 HCFC-122 3 0.02-0.08 C2HF3Cl2 HCFC-123 3 0.02-0.06 77 CHCl2CF3 HCFC-123** - 0.02 C2HF4Cl HCFC-124 2 0.02-0.04 609 Ozone Depleting Substances (Amendment)—40 of 2020 279 Chemical Substance Number of Ozone 100-Year Formula isomers Depleting Global Potential* Warming Potential*** CHFClCF3 HCFC-124** - 0.022 C2H2FCl3 HCFC-131 3 0.007-0.05 C2H2F2Cl2 HCFC-132 4 0.008-0.05 C2H2F3Cl HCFC-133 3 0.02-0.06 C2H3FCl2 HCFC-141 3 0.005-0.07 CH3CFCl2 HCFC-141b** - 0.11 725 C2H4FCl HCFC-151 2 0.003-0.005 C3HFCl6 HCFC-221 5 0.015-0.07 C3HF2Cl5 HCFC-222 9 0.01-0.09 C3HF3Cl4 HCFC-223 12 0.01-0.08 C3HF4Cl3 HCFC-224 12 0.01-0.09 C3HF5Cl2 HCFC-225 9 0.02-0.07 CF3CF2CHCl2 HCFC-225ca** - 0.025 122 CF2ClCF2CHClF HCFC-225cb** - 0.033 595 C3HF6Cl HCFC-226 5 0.02-0.10 C3H2FCl5 HCFC-231 9 0.05-0.09 C3H2F2Cl4 HCFC-232 16 0.008-0.10 C3H2F3Cl3 HCFC-233 18 0.007-0.23 C3H2F4Cl2 HCFC-234 16 0.01-0.28 C3H2F5Cl HCFC-235 9 0.03-0.52 C3H3FCl4 HCFC-241 12 0.004-0.09 C3H3F2Cl3 HCFC-242 18 0.005-0.13 C3H3F3Cl2 HCFC-243 18 0.007-0.12 C3H3F4Cl HCFC-244 12 0.009-0.14 C3H4FCl3 HCFC-251 12 0.001-0.01 C3H4F2Cl2 HCFC-252 16 0.005-0.04 C3H4F3Cl HCFC-253 12 0.003-0.03 C3H5FCl2 HCFC-261 9 0.002-0.02 C3H5F2Cl HCFC-262 9 0.002-0.02 C3H6FCl HCFC-271 5 0.001-0.03 *Where a range of Ozone Depleting Potentials is indicated, the highest value in that range shall be used for the purposes of the Montreal Protocol on Substances that Deplete the Ozone Layer. The Ozone Depleting Potentials listed as a single value have been determined from calculations based on laboratory measurements. Those listed as a range are based on estimates and are less certain. The range pertains to an isomeric group. The upper value is the estimate of the Ozone Depleting Potential of the isomer with the highest Ozone Depleting Potential, and the lower value is 280 Ozone Depleting Substances (Amendment)—40 of 2020 the estimate of the Ozone Depleting Potential of the isomer with the lowest Ozone Depleting Potential. ** Identifies the most commercially viable substances with Ozone Depleting Potential values listed against them to be used for the purposes of the Montreal Protocol on Substances that Deplete the Ozone Layer. *** For substances for which no Global Warming Potential is indicated, the default value 0 applies until a Global Warming Potential value is included.”; and (d) after Part 2, inserting the following new Part— “PART 3 Group I — HFCs — any of the following Hydrofluorocarbons whether virgin, recycled or in a mixture— Chemical Formula Substance 100-Year Global Warming Potential CHF2CHF2 HFC-134 1,100 CH2FCF3 HFC-134a 1,430 CH2FCHF2 HFC-143 353 CHF2CH2CF3 HFC-245fa 1,030 CF3CH2CF2CH3 HFC-365mfc 794 CF3CHFCF3 HFC-227ea 3,220 CH2FCF2CF3 HFC-236cb 1,340 CHF2CHFCF3 HFC-236ea 1,370 CF3CH2CF3 HFC-236fa 9,810 CH2FCF2CHF2 HFC-245ca 693 CF3CHFCHFCF2CF3 HFC-43-10mee 1,640 CH2F2 HFC-32 675 CHF2CF3 HFC-125 3,500 CH3CF3 HFC-143a 4,470 CH3F HFC-41 92 CH2FCH2F HFC-152 53 CH3CHF2 HFC-152a 124 Group II — Trifluoromethane Chemical Formula Substance 100-Year Global Warming Potential CHF3 HFC-23 14,800 ”. Ozone Depleting Substances (Amendment)—40 of 2020 281 Schedule 2 inserted 10. The Principal Act is amended after Schedule 1 by inserting the following new Schedule— “SCHEDULE 2 (Section 14(7E)) PROHIBITED SUBSTANCES 1. No person shall import, export or manufacture HCFC-142 with effect from 1 January 2021.”. Passed by the Parliament of the Republic of Fiji this 11th day of December 2020. Price:$1.03 A. BAHADUR, SERENDIB INVESTMENT PTE LTD, (Government Printer), Suva, Fiji – 2020 40/Z/20—262 Official Printer Since 2019