Ozone Depleting Substances Regulations 2010 (L.N. No. 56 of 2010)

145 [LEGAL NOTICE No. 56] OZONE DEPLETING SUBSTANCE ACT 1998 OZONE DEPLETING SUBSTANCES REGULATIONS 2010 TABLE OF CONTENTS PART I: PRELIMINARY I. 2. 3. 4. 5. 6. 7. 8. 9. Citation andCommencement Interpretation PARTII: SUPPLY,PURCHASE AND HANDLING OF CONTROLLED SUBSTANCE, ETC. Handling of controlled substances Supply of controlled substances Records of imports, sales etc. Purchase of controlled substances Records of purchase Export of Part II substances Records of exports PART JJJ: LICENCES AND PERMITS 10. Licences and permits for handling controlled substances I I. Fees and forms - Schedules I & 2 12. Issue of licences and permits 13. Renewal of a licence or permit 14. Qualifications for obtaining or renewing a licence 15. Obligations of authorised persons 16. Cancellation of a licence or permit PARTV: MISCELLANEOUS OFFENCES 17. Labelling of controlled substances and equipment 18. Storage and disposal of controlled substances 19. Reclamation of controlled substances 20. Supply to be in containers 21. Prohibited goods other than methyl bromide 22. Servicing of system etc. PARTVI: ADMINISTRATION 23. Import and export declarations 24. Inspection of premises, vessels and aircraft 25. Appeals 26. General penalty 27. Reference to controlled substances - Schedule 3 28. Repeal and savings 29. Schedule to the Act amended 146 SCHEDULE SCHEDULE2 FEES FORMS Form 8 Form I Form 2 Form 3 Form 4 Form 5 Form 6 Form 7 Application for licence to handle controlled substances Licence to handlecontrolled substances Application for permit to Use premises or a facility to store controlled substances Permit to use premises or a facility to store controlled substances Application for permit to import or supply controlled substances Permit to import Orsupply controlled substances Application for permit to export controlled substances or equipmem containing a controlled substance Permit to exportcontrolled substances or equipment containing a controlled substance Form 9 Application to renewa licence or permit Form 10 - Import declaration Form II - Export declaration SCHEDULE 3 - Chemical name, formula and commonly used name for controlled substances OZONE DEPLETING SUBSTANCES ACT 1998 Ozone Depleting Substances Regulations 2010 IN exercise of the powers conferred upon me by section 25 of the Ozone Depleting Substances Act 1998, I hereby make the following Regnlations PART I: PRELIMINARY Citation and Commencement 1.-(1) These Regulations may be cited as the Ozone Depleting Substances Regulations 2010. (2) These RegUlations come into force on a date declared by the Minister by notice in the Gazette. Interpretation 2.-(1) In these Regulations, unless the context otherwise requires "accreditation certificate", in relation to a subject,means a document certifying that a person has passed a course of study relating to the subject; "Act" means the Ozone Depleting Substances Act 1998; "approved institution orindividual" means aninstitution orindividual approved in writing bytheDirectorfor iSSUing accreditation certificates forthepurposes of these Regulations; "approved storage facility" means the Central Storage Facility established under section II of the Act or any facility approved by the Director for storing a controlled substance; "authorised handler" means a person licensed under these Regnlations to handle controlled substances; /47 "authorised exporter" means a person who holds a permitto exporta controlled substance or equipment containing a controlled substance; "authorised importer" means an authorised supplier whose permit includes importing as one of the licensed activities; "authorised person" rneans (a) an authorised handler, an authorised purchaser, an authorised importer or an authorised supplier; (b) a person who holds a permit to use premises or a facility for any activity involving Controlled Substances; "authorised purchaser" means a person who holds a permit to purchase a controlled substance; "authorised supplier" means a person who holds a permit to import, sell, offer for saleordistribute controlledsubstances orequipment containing a controlled substance; "CFC" means chlorofluorocarbons; "code of practice" means a code of practice established under section 11 of the Act and includes any standards, guidelines or operational procedures to manage the use of controlled substances; "Department" means the Department of Environment; "equipment" includes apparatus; «export" means to take out or cause to be taken out of Fiji; "feedstock" means any controlled substance used for the manufacture or production of other substances; "facility" means a building or place that provides a particular service or is used for a particular industry; "halon" means a substance in group II of Part I of the Schedule to the Act; "handling", in respect of a controlled substance, means recovering, recycling, refilling, recharging or capturing the substance, and includes (aJ installing, servicing, or de-commissioning any equipment that uses or contains a controlled substance in its operation; (b) repossessing reclaimed controlled substances; "HCFC" means hydro chlorofluorocarbons; "inspector" means a person appointed by the Director under section II (a) of the Act to carry out an inspection for the purposes of the Act; "licensed" means issued with a licence under these Regulations; "ODS officer" means an officer of the Department assigned to the ODS Unit; "ODS Unit" means the unit in the Department responsible for administering the Act and these Regulations; "official control" means control performed by, or authorised by, a national plant, animal or environmental protection or health authority; "Part II substance" means any substance that is listed in Part II of the Schedule to the Act; "permitted" means issued with a permit under these Regulations; "premises" means land and the buildings on it; 148 "pre-shipment application" menus a non-quarantine application of a controlled substance to plants OJ plant products within 21 days prior to export to meet the official requirements of the receiving country; "quarantine application" means the application of controlled substances to prevent the introduction, establishment and/or spread of quarantine pests (including diseases), or to ensure their official control; "quarantine pest" means a pest or disease of potential importance to an area endangered by it and not yet present there, or present but not widely distributed and under official control; "supply" includes import, sell, offer for sale or distribute; "technician" means a person who handles controlled substances in the course of employment. (2) In these Regulations, a reference to a period of days means working days if the number of days is less than 14. PART II - SUPPLY, PURCHASE AND HANDLING OF CONTROLLED SUBSTANCES Handling ofcon/ruffed substances 3.-(1) A person who intends to handle controlled substances must obtain a licence as required by section 17 of the Act. (2) Any handling of controlled substances must be in accordance with the relevant code of practice. Supply ojcontrolled substances 4.-(1) A person who intends to sell, store, process or purchase for resale any controlled substance in any premises or facility must obtain a permit, as required by section 16(2) of the Act. (2) A person who intends to import any controlled substance or any equipment containing a controlled substance must obtain a permit for each shipment, as required by section 16(3) of the Act. (3) No person other than an authorised supplier may import, sell, offer for sale or distribute a controlled substance or equipment containing a controlled substance. (4) The authorised supplier may sell, offer for sale or distribute a controlled substance or any equipment containing a controlled substance only to an authorised purchaser. (5) An authorized supplier, buyer or user of controlled substances must ensure that any controlled substance is, in the course of importation, sale, supply or use, handled in a manner that prevents or minimizes its release into the atmosphere. (6) Any importation, sale, offer for sale or distribution of controlled substance or of equipment containing a controlled substance must be in accordance with the relevant code of practice. Records oj imports, sales etc. 5.- (I) For the purposes of section 16(12) of the Act, every authorised supplier must keep written records of all imports, sales, storage and processing of controlled substances (including sales invoices) showing (aJ all controlled substances held in stock on I October 2000; 149 (h) all controlled substances acquired on or after tbat date; (c) all controlled substances leaving the possession or control of the authorised supplier on or after that date; (d) the stock of controlled substances held on 30 September in each year after 2000; (e) the name, address and any identification number of the authorised purchaser doing business with the supplier and the name and amount of the controlled substance purchased. (2) The records must include-« (a) any controlled substances used as feedstock; (b) any controlled substances that have been destroyed; and (c) any equipment containing a controlled substance. (3) An authorised 'supplier must on or before I November in each year send a written report to the Director showing the matters referred to in sub-regulation (I) and (2). (4) The records required to be kept under this regulation must be kept for 5 years. (5) An authorised supplier must, upon request in writing by an inspector, produce the records kept under this Regulation for inspection, but must be given 10 working days notice before an inspection is carried out. Purchase (~f ("oll!mf{el! .\'/jb.\'I(/lIces 6.-(1) No person other than an authorised purchaser may purchase a controlled substance. (2) . No person may purchase a contra lIed substance or any equipment containing a controlled substance except from an authorised supplier. (3) Any purchase of controlled substances or of equipment containing a controlled substance must be in accordance with the relevant code of practice. Records ofpurchase 7.-(1) An authorised purchaser must keep written records, showing in respect of every purchase on or after I October 2000 (aJ the controlled substance purchased and the name and address and place of business of the authorised supplier or authorised importer; (bJ the name and quantity of any reclaimed controlled substance returned and the name and address of the person who returns it; (c) the name and quantity of any controlled substance that leaves the authorised purchaser's possession except i. by sale or distribution; ii. for use in the servicing of equipment designed for the use of controlled substances; iii. for return to an authorised supplier; (d) the amount of controlled substances held in stock as at 30th September each year after 2000. (2) An authorised purchaser must on or before I November of every year send a written report to the Director showing the matters referred to in sub-regulation (1). 150 (3) The records required to be kept under this Regulation must be kept for 5 years. (4) An authorised purchaser must, upon request in writing by an inspector, produce the records kept under this Regulation for inspection. (5) The records must include any equipment containing a controlled substance. Export of Part If substances 8.-(1) No person other than an authorised exporter may export a Part II substance or any equipment containing a Part II substance. (2) A person who intends to export any controlled substance or any equipment containinga controlled substance mustobtain a permit for each shipment. (3) Any export of Part II substances or of equipment containing a Part II substance must be in accordance with the relevant code of practice. Records of exports 9.-(1) An authorised exporter must keep written records, showing in respect of every consignment on or after the commencement of these Regulations (aJ the name and quantity of all Part II substances in the consignment; Ib) the date of the consignment; Ic) the destination country of the consignment; Id) the purpose of the exportation; and Ie) the name and address of the consignee. (2) An authorised exportermuston orbefore1Novemberin each yearsenda written report to the Director showing the matters referred to in sub-regulation (I). (3) The records required to be kept under this Regulation must be kept for 5 years. (4) An authorised exporter must, upon request in writing by an inspector, produce the records kept under this Regulation for inspection, but must be given 10 working days notice before an inspection is carried out. (5) The records must include any equipment containing a Part II substance. PART III - LICENCES AND PERMITS Licences and permits in respect ofcontrolled substances, etc. 10-(1) Pursuant to section 16(4) and 17(4), a person may apply to the Director for Ia) a licence to handle controlled substances; (b} a permit to use premises or a facility for any activity involving controlled substances; Ic) a permit to import or supply controlled substances or equipment containing a controlled substance; Id) a permit to purchase controlled substances; (e) a permit to export Part II substances or equipment containing such a substance. (2) A person that wishes to apply for a permit mentioned in sub-regulation (I) (b) to Ie) must (a) be a body corporate or partnership registered in Fiji; 151 (b) provide fumigation orrefrigeration orairconditioning servicesin thecourse of business; (e) employ one or more technicians licensed to handle controlled substances; (d) have adequate storage facilities and capacity for controlled substances; and (e) display appropriate signage relating to the storage and handling of controlled substances. (3) A person that wishes to obtain a licence or permitunder these Regulations must apply to the Director on the appropriate forms in Schedule 2 to these Regulations. (4) An application made by a body corporate or partnership must be made by an individual acting through an authorised personwho is an individual. (5) An application for a licence or permit must (a) include details of any previous or other application for a licence or permit; (b) include any other information or document that the Director indicates is neededto enable the Directorto decide whether to issue a licence or permit and what conditions to attach,if any; and (e) be accompanied by the application fee shown in Schedule I. Fees and forms 11.-(1) The Director may, if the public interest so requires, in any particular case and in writing waive the fee for a licence or permit for handlingor storageof controlled substances. (2) The forms required for the purpose of the Act or these Regulations are as set out in Schedule 2 to these Regulations. (3) Subject to sub-regulation (I), the fees to be paid for the purpose of the Act or these Regulations are as set out in Schedule 1 of these Regulations Issueof licencesandpermits 12.-(1) On receipt of an application for a licence or permit, the Director (a) may require the applicant to provide further information relating to the application; (h) must as soon as practicable inspect any premises to which the application relates and all vehicles and equipment proposed to be used in connection with controlled substances; (c) may take samples, photographs and films and make drawings of the premises and any vehicles or equipment that will be so used. (2) The Director may issue, cancel, suspend or renew a licence or permit subject to conditions. (3) Before issuing a licence or permit, and without affecting section 16(6)of the Act, the Director must be satisfied that (a) the applicant has (i) adequate knowledge of the environmental implications of controlled substances on the ozone layer; 152 (ii) adequate knowledge of the Act, these Regulations and any relevant codes of practice; and (iii) appropriate qualifications and experience; (b) any premises to which the application relates are snitable for the proposed use; (e) the proposals for training of staff and maintenance of equipment are adequate; (d) the handling and final disposal of controlled substances will be environmentally sound. (4) A licence or penn it may be issued in respectof one or moreactivities andone or more premises. (5) A decision on the issue or refusal of a licence or permit must be made within] 4 days of receipt of the application. (6) If an application is rejected (a) the Directormust give written reasons to the applicant; (b) the application fee is not refunded. (7) A licence or permit issued under these Regulations (a) is issued only on receipt of the prescribed fee; (b) must be in the appropriate form in Schedule 2; (c) is valid for 1 year from thedateof issue or fora single shipment in the case of an importor exportpermit; (d) is not transferable; and (e) can only be used for the purposes for which the licence or permit is issued. Renewaliofa licence or permit 13.-(1) A licence or permit, otherthan an import or export permit, may be renewed upon application in the appropriate form and upon payment of the prescribed fee, but subject to regulation 12. (2) A licence or permit, other than an import or exportpermit, may be renewed for a periodof 1 year at a time. (3) An application for renewal of a licence or permit must be made not less than 28 days before the licence or permit is due to expire, failing which (a) renewal may be refused; or (b) renewal may be granted, if all other conditions for renewal are met, on payment of an additional fee as prescribed. (4) On renewal the terms of the licence or permit may be varied consistently with the Act and these Regulations. (5) Renewal may be refused if the Director is satisfied that Ia) there has been a significantbreach by the authorised person of the conditions of the licence or permitor of any requirement of the Act or these Regulations relating to controlled substances; or (b) renewal would not be in the public interest for environmental reasons. 153 (6) If a renewal is refused, the Director must within 10 days give written reasons to the applicant. Qualificationsfor obtaining or renewing a licence 14.-(1) An individual who wishes to obtain a licence underthese Regulations must have (a) at least 3 years of appropriate trade experience. In the case of a licence to handle methyl bromide must be I year of fumigation experience; (b) a qualification in either or both of i. the handling of CFC and HCFC; or ii. refrigeration and air-conditioning; and (e) an adequate knowledge of the relevant code of practice. (2) Documentation needed to support an application includes in respect of paragraph (1) (a) (aJ an approval letter from an authority responsible for quarantine operations indicating an ability to fumigate; (b) have undergone appropriate and relevant Codes of Practice training in fumigation. Good knowledge of and familiarity with the Fiji operating procedures and Codes of Practice and other regulations relating to fumigations in Fiji. (e) On-job training from a reliable institute and/or an accredited trainer; (d) I passport photo; (e) a record of carrying out at least 5 safe and effective fumigations as a fumigators assistant,carried out under thedirectsupervision of a competent licensed fumigator; (f) certification of satisfactory performance in carrying out the fumigations and in understanding of all aspects of fumigation. The certification to be given by the fumigator-in-charge supervising the training fumigations and to be subject to audit. (3) In respect of paragraph (1) (b), an accreditation certificate from an approved institution or individual showing that the personhas (a) obtained accreditation in the handling of HCFC and CFC; or (b) obtained a Good Practices in Refrigeration (GPR) certificate; (c) I passport photo (4) A licence to handle controlled substances may be issued only to a technician engaged in the relevant activity. (5) Before a licence or permit is renewed the applicant may be required to undertake a refresher courseorganisedby the Department andto passa practical examination conducted by the Department or by an examiner approved by the Director, at the expense of the applicant. (6) The Director may (aJ charge fees for examinations and refresher courses conducted by the Department; (b) in writing waiver part or whole of the fee payable, or approve the payment of fees in instalments. 154 Obligations ofauthorised persons 15.- (I) A person who is licensed or permitted under these Regulations must display the licence or permit in a conspicuousplace at the licensee's place of business. (2) It is a condition of every licence or permit issued under these Regulations that the authorised person will (a) train and supervise any person employed or otherwise engaged by thc authorised person to handle controlled substances; (b) have available at all times sufficient trained staff who have been approved by the Director; (c) keep the permitted premises safe and clear of debris; (d) receive controlled substances only from authorised persons and dispose of themonly in accordance with the Act and these Regulations; (e) comply with all codes of practice that relate to the activities covered by the licence or permit. (3) The conditions set out in this Regulation are in addition to (a) any conditions attached to a licence or permit; and (b) the obligations in section 16(13) of the Act in relation to a business or activity. Cancellation of a licence or permit 16.-(1) If the Director considers in respect of a licence or permit (a) that any premises or facility to which it relates have failed to comply with any requirements of theAct or the conditions of a permit; or (b) that the authorised person is in breach of the Act or these Regulations or a conditionof the licence or permit. the Director may cancel the licence or permit permanently, or suspend it until any breach has been remedied to thesatisfaction of the Director. (2) Before cancelling a licence orpermit. the Directormustgive written reasonsand must give the authorised person an opportunity to be heard, either orally or in writing. (3) This Regulation does not affect the powers conferred ou the Director by section 16(10) of the Act in relation to permits, PART V- MISCELLANEOUS OFFENCES Labelling ofcontrolled substances and equipment 17.-(1) Without affecting Regulation 20(1), no person may sell, offer for sale or distribute any controlled substanceinacontainer unless thecontainer bears alabelshowing the nature of the controlled substance. (2) No person may sell, offer for sale or distribute any equipment that uses any controlled substance unless the equipment bears a label showing the controlled substance used. (3) A person who (a) services any equipment by charging it with a controlled substance; or 155 (b) replaces any equipment that contains a controlled substance. must attach a label on a prominent part of the equipment showiug (i) the name of the person or company that carried out the service or replacement; (ii) the date of service or replacement; (iii) the identity of the authorised purchaser; (iv) every substance, whether a controlled substance or not, used in the service or replacementandto charge theequipment. (4) Any label required by this Regulation must (a) be displayed on a conspicuous part of the contaiuer or equipment; (b) be of a size that is easy to read; (c) not be removed except with the approval of the Director. Storage and disposal of controlled substances 18.-(1) A person who is in possession or control of a controlled substance must keep the controlled substance in an air-tightcontainer, except when using it. (2) No person may dispose of a controlled substance except to (a) deliver it to anauthorised supplier orauthorised purchaser orto anapproved storage facility; or (b) destroy it in a manner approved by the Director or in accordance with the relevant code of practice. (3) This Regulation (a) does not apply to residual controlled substances in discarded domestic equipment; but (b) does apply to residual controlled substances in discarded motor vehicle air conditioning equipment. Reclamation ofcontrolled substances 19.-(1) A person licensed to handle controlled substances must ensure that any reclamation of controlled substances is done only in accordance with the relevant code of practice. (2) Every container used for reclaiming controlledsubstances must be clearly marked with (a) the word "RECOVER"; (b) the name of the authorised supplier; (c) a warning that the container must only be used for the storage and return of a particular type of controlled substance; and (d). the name and any colour code of the controlled substance. Supply to be in containers 20.-(1) Without affecting regulation 17(1), no person may deliver a controlled substanceto an authorised supplier unless the container is clearlymarked with (a) the name and any colour code of the controlled substance; (b) if the controlled substance has been reclaimed-a warning label that the controlled substance is suspected of being adulterated. 21.-(1) laJ IbJ 156 (2) An authorised supplier may charge for supplying or accepting delivery of container of a controlled substance i.. accordance with a scale of charges set by the Direcu and published in the Gazette. Prohibited goods other than metkyt bromide No person may import, sell or offer for sale~ a product that contains a controlled substance other than methyl bromide with effect from I January 2009-methyl bromide for any lise other tha quarantine or pre-shipment application; (2) No person may sci], offer for sale or distribute any product that contains mcthy bromide unless the product is purchased by an authorised purchaser. (3) Methyl bromide may be imported for the purpose of quarantine and pre-shipmen applications only. Servicing ofsvstcm etc. 22.-(1) Every motor-vehicle garage that undertakes the refilling of autornotiv: air-conditioners, and every facility that undertakes the servicing of refrigeration or air conditioning equipment must have access to ancluse a recovery and recycling unit approver by the Director, and such unit must only be operated by an authorised handler. (2) If any controlled substance is brought to an authorised handler for any reason the handler must (aJ recycle the controlled substance for re-use in an existing system; (b) deposit it for storage in an approved storage facility; or (c) destroy it in a manner approved by the Director. (3) If an authorised handler is asked to handle a system that contains a controlled substance, the handler must (aJ find a replacement for the system that uses a non-controlled substance; (bJ retrofit the system to enable it to accept a non-controlled substance; or (cJ require the owner of the system to undertake retrofitting. (4) A person who dismantles a motor vehicle containing an air-conditioning unit that uses a controlled substance must ensure that the unit is de-commissioned in accordance with the relevant code of practice. PART IV:ADMINISTRATION Import and export declarations 23. - (I) Every importer of controlled substances or of equipment containing a controlled substance must before the goods are landed make a declaration to the Director in the appropriate form in Schedule 2 as to the quantity and description of each controlled substance that is to be imported, and its intended recipient in the Fiji Islands. (2) Every intending exporter of a Part II substance must before the goods are exported make a declaration to the Director in the appropriate form in Schedule 2 as to the quantity and description of such substance that is to be exported, and its intended destination. (3) An import declaration is the responsibility of the authorised supplier who arranges the importation, but may be signed on the supplier's behalf by the master of a ship, captain of an aircraft or customs agent or similar person. /57 (4) An export declaration is the responsibility of the anthorised exporter who arranges the exportation, but may be signed on the exporter's behalf by the master of a ship, captain of an aircraft or customs agent or similar person. (5) The obligations under this Regulation on authorised importers and exporters are in addition to those in Parts II and III. 24.-(1) and inspection ofpremises, vessels and aircraft An inspectormayenterany premises to which the licence orpermitrelates 1 1 (aJ inspect any record thatmight relate to controlled substances; (b) inspect any equipment or container that might contain a controlled substance; and (c) take samples of any substance that might be a controlled substance, in orderto ascertain whether therehas been in respect of the premisesor any good in them any breach of the Act or these Regulations or of any condition of a licence or permit issued under these Regulations. (2) An inspector may board any vessel or aircraft that has arrived in or is about to depart from the Fiji and (a) inspect any record relating to the shipment of goods; and (b) inspect the cargo of the vessel or aircraft in order to ascertain whether there has been in respect of the vessel or aircraft any breach of the Act or these Regulations or any condition of a licence or permit issued under these Regulations. (3) If upon the report of an inspector, the Director has reason to suspect that there has been, or might imminentlybe, a contravention of theAct or these Regulations by any person or in respect of any goods, the Director may (a) issue a Stop Work Notice; (b) authorise an inspectorin writingto enterthe premises where the goods are andconfiscate any controlled substance orany equipment,tool, machine or refrigerant cylinder which is the causeof the contravention; (c) request (i) the Director ofImmigration to prohibit the person from departing from the Fiji Islands; or (ii) the DirectorGeneral of Customs to prevent the importation of specified goods, until the purchaser or the owner or importer of the goods, as the case may be, can show to the satisfaction of the Director that there has been no contravention of the Act or these Regulations. (4) If after taking action under sub-regulation (3) the Director considers that there has been a contravention ofthe Act or these Regulations, theDirectormust initiate criminal proceedings pursuant to Part V of the Act as soon as practicable. 158 (5) It is a condition of every licence or permit issued under these Regulations th the authorised person will (a) facilitate entry, boarding and inspection under this regulation to the exter possible; (b) make available any records for inspection by an inspector on request; anc (c) provide access to any equipment, machine or container that might contal or that is suspected to contain controlled substances. (6) This Regulation does not affect the powers of the Director under section 16(14 of the Act in relationto inspection,. audits andspot checks. Appeals 25.-(1) A person who is dissatisfied with a decision of the Director under these Regulations relating to the issue, renewal or cancellation of a licence or permit, or the conditions attached to a licence or permit. may, within 21 days of being notified of the decision, appeal in writing to theMinister, in accordance with section 16(5)of the Act. (2) The Minister when deciding an appeal must give the appellant and the Director the opportunity to beheard,in writing orinperson,andto produce evidenceand call witnesses, andmust give reasons for the decision on the appeal. (3) If an appeal involves a technical issue, the Minister may obtain appropriate technical advice from a person, other than the Directoror ODS Unit. General penalty 26.-(1) A person, other than the Director or an ODS officer acting in the course of duty, who contravenes any of the following Regulations commits an offence and is liable on conviction to a fine of $2,000, as prescribed by section 20(4) of the Act (a) Regulation 4(3), (4) and (5) (Supply of controlled snbstances); (b) Regulation 5(3) (Records of imports, sales etc.) (c) Regulation 6(1) and (2) (Purchase of controlled substances); (d) Regulation 7(1) to (4) (Records of purchase) (e) Regulation 8(1) (Export of Part II substances); (f) Regulation 9(1) to (4) (Records of exports); (g) Regulation 15(2) (Display licence or permit); (h) Regulation 17(1), (2) and (3) (Labelling of containers and equipment); (i) Regulation 18(11) and (2) (Storage and disposal of controlled substances); (j) Regulation 19(1) and (2) (Reclamation of controlled substances); (k) Regulation 20(1) (Supply to be in containers); (I) Regnlation 21(1) and (2) (Prohibited goods); (m) Regulation 22(1) to (4) (Servicing of system etc.); (n) Regulation 23(1) and (2) (Import and export declarations). (2) A breach of an obligation imposed on an authorised person by or under these Regulations that is not listed as an offence under sub-regulation (I) is a breach of a condition of the relevant licence or permit and Regulation 16(1)(b), section 17(6) and section 16(11) of the Act applies, as the case may be. 159 Reference to controlled substances-Schedule 3 27. Inany form, licence or permit or other document required for the purpose ofthese Regulatious, a description of any controlled substance should be by reference to tbe names and numbers of such substances given in Schedule 3. Repeal and savings 28.- (I) The Ozone Depleting Substances Regulations 2000 ("the 2000 Regulations") arerepealed. (2) Licences and permits issued under the 2000 Regulations continue in force until their expirydateas if issuedunder theseRegulations and maythen be renewed inaccordance with these Regulations. (3) Applications pending under the 2000 Regulations may continue to be processed as if they were applications under these Regulations, but (a) the qualifications required will be as prescribed by these Regulations; (b) the Director may call for additional information as required by these Regulations. (4) Prosecutions commenced under the 2000 Regulations may be continued under those Regulations until they are determined or abandoned. Made this 4th day of May 2010. S.SAUMATUA Ministerfor Local Government, Urban Development, Housing andEnvironment SCHEDULE 1 (Regulation 11(1)) FEES 1. Application for a licence or permit, 2. Licence to handle controlled substances 3. Permitto use premises or facility 4. Permit to supply controlled substances 5. Clearance of import of controlled substances 6. Administration fee for export of controlled substances 7. Refreshercourse 8. Renewal of licence 9 Renewal of permit 10. Late renewal penalty for licence 11. Late renewal penalty for storage permit 12. Replacement of lost Licences and Permits 13. Inspection fee 14. Analysis of any substance (VIP) $100 $100 $400 $100 $1 per kg $50 $50 $12 $10 $20 $30 $20 $35 At the client's cost 160 SCHEDULE 2 (Regulation 11(2)) 6. E-mail: 7. Is the applicant applying for the first time' YESINO Part B- Activity requiring a licence 1. State the activity or activities to be carried out which require the issue of a licence in respect of controlled substances (tick as applicable)- Charging, Recharging, Refilling, Recovery, Recycling, Capturing, Fumigation. 2. State which controlled substance or substances the applicant will be dealing with. (Refer to the list of controlled substances in Schedule 3 and give the relevant numbers.) Work Application for licence to handle controlled substances Licence to handle controlled substances Application for permit to use premisesor a facility to storecontrolled substances Permitto usc premises or a facility to store controlledsubstances Application for permit to import controlled substances Permitto importcontrolledsubstances Application for permit to supply controlled substances Permit to supply controlled substances Application for permitto export controlled substances or equipment containing controlled substance Permitto export controlledsubstances or equipmentcontaining controlled substance Application to renew a licence or permit Import declaration Exportdeclaration FORMS Form 1 Form 2 Form 3 Form 9 Form 10 Form 11 Form 10 Form 4 FormS Form 6 Form 7 Form 8 Form 9 OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM I DEPARTMENT OF ENVIRONMENT APPLICATION FOR LICENCE TO HANDLE CONTROLLED SUBSTANCES (Sections l S and 17 of the Act and Regulation 10(1)) Part A- Applicant details I. Full name: 2. Name of employer: 3. Name and address of place of business: 4. Residential address: S. Telephone: Home Mobile Fax 161 10. Are there any accredited or licensed staff employed in your business? YES/NO If Yes, provide the following details: Part C-Conditions of application 1. The applicant must complete this Form and send a copy to the Department of Environment. 2. The application fee of $100 must accompany this form otherwise it will not be processed. 3. The applicant must within 5 days of submitting the application, sit a I-hour practical examination and a 3D-minute written examination under the supervision of 2 ODS officers. 4. The applicant will be notified within 14 days of the result of the application. Upon payment of the licence fee of $100, a successful applicant will be issued a licence. Qualification Name of accredited or licensed person 3. State whether the activity complies with the relevant Code of Practice. YES/NO If Yes, attach a copy of the certificate of compliance. If No, state when compliance will be achieved. 4. State whether the applicant holds an accreditation certificate. YES/NO If Yes, state the name of the approved institution or individual and attach a copy of the certificate. If No, state when accreditation will be achieved. 5. State any other relevant qualification the applicant has attained. (Attach evidence of the qualification.). 6. State whether the applicant is currently carrying out any Charging, Recharging, Refilling, Recovery, Recycling, Captnring, and Fumigation of a controlled substance. YESINO If Yes, briefly describe the method used. 7. If the answer to question 6 is Yes, state when the applicant last performed the activity. 8. If the applicant uses one or more reclamation units, state (a) the brand name of each unit; (b) the name of the supplier of each unit. 9. Does the applicant employ persons for carrying out the work? YES/NO If Yes, provide the following details: Name of employee Qualification 162 5. The licence must be displayed in a conspicuous place at the licensee's place of business. 6. A licence is valid for 1 year and is renewable, subject to Regulation 13, on payment of the renewal fee of $12.00. 7. A licence is not transferable and can only be used by the applicant to whom the licence is granted, and for the purposes for which it is issued. Declaration I, (applicant) declare the information given in this application to be true and accurate and I fully understand the conditions of this application. Signed Applicant Date PartD (Official use only) Date application received> Receipt number: If licence issued' Receipt number Licence Number Date of issue Date of expiry Conditions of licence Specify training (if required) If licence not issued Reason for not issuing licence Recommendation to applicant (if any) Signed (ODS Officer) for Director of Environment Name Date 163 NA.TlONAL OZONE UNIT Date LicenceNumber:ODSTL356/09 Expiry Date : 08105/2010 Date of Birth : 27/02/1986 Directorof Environment OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM 2 DEPARTMENT OF ENVIRONMENT LICENCE TO HANDLE CONTROLLED SUBSTANCES (Sections 15 and 17 a/the Act and Regulation 12(2)) LVIN SHAROON SHARMA AQERE vua-BA SAMPLEID Licence No. Pursuant to sections 15 and 17 of the Ozone Depleting Substances Act 1998, and Regulation 12(2), I hereby grant a licence to (applicant) to handle the following controlled substances in the specified manner General conditions of licence: I. A fee of $100 is payable for issue of the licence. A fee of$12 is payable for renew of this licence. 2. This licence is not transferable and is valid only for handling the specified controlled substances in the specified manner. 3. This licence is valid from to Special conditions (if any) Signed, f ompanyPermit #: ODSFAC 363/09 xplry Date : 08/05/2010 Passport Photo frector epartment of Environment Conditions; For Fumigation PJlfPQses only I I, Work Fax /64 OZONE DEPLETING SUBSTANCES ACT 1998 OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM 3 DEPARTMENT OF ENVIRONMENT APPLICATION FOR PERMIT TO USE PREMISES OR A FACILITYTO STORE CONTROLLED SUBSTANCES (Section /6(2) and (4) of the Act and Regulation 1O( /)) Part A - Applicant details I. Full name 2. Name and address of place of business 3. Residential address 4. Telephone Home Mobile S. E-mail 6. (If applying on behalf of a company or partnership) (a) Position in the company or partnership (b) Name and registered address of the company or partnership (c) Describe type of business (including any otherbusiness operating under the same management) 7. Is the applicant applying for the first time? YES/NO Part B - Premises or facility I. State the purpose for which the applicant/business intends to use the premises or facility in respect of a controlled substance: Sale, Storage,Processing, and Purchase for resale 2. Specify whether the permit is for use of premises or a facility 3. If the permit is for use of premises, state thelocation of the premises and give a brief description of them. 4. Is there a designated area for storage? YES/NO S. If the permit is for the use of a facility, specify what facility is to be used. 6. Specify which controlled substance is (or substances are) involved. 7. Has the applicant dealt with the controlled substance before? YES/NO If Yes. briefly state your experience in dealing with the substance: 8. Any other information the applicant considers relevantto the application. ...... ,"J 165 Part C-Conditions of application I. The applicant must complete this Form and send a copy to the Department of Environment. 2. The application fee of $100 must accompany this form otherwise it will not be processed. 3. The applicant will be notified within 14 days of the result of the application. Upon payment of the permit fee of $400, a successful applicant will be issued a permit. 4. The permit must be displayed in a conspicuous place at the premises or facility to which it relates. 5. A permit is valid for I year and is renewable, subject to regulation 13, on payment of the renewal fee of $10.00. 6. A permit is not transferable and can only be used in respect of the premises or facility to which it relates and for the purposes for which it is issued. Declaration Director of Environment Date I, (applicant) declare the information given in this application to be true and accurate and I fully understand the conditions of this application. Signed Applicant Date Part C (Official use only) Application No. Receipt number Date application received If permit issued Receipt number Permit number Date of issue Date of expiry Conditions of the permit If permit not issued Reason for not issuing permit Recommendation to applicant (if any) Signed ---c--c----c ;tthe 166 OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM 4 DEPARTMENT OF ENVIRONMENT PERMIT FOR USE OF PREMISES OR A FACILITY TO STORE CONTROLLED SUBSTANCES (Section 16(2) and (4) of the Act and Regulation 12(2)) PennitNo. Pursuant to section 16(4) of the Act, and Regulation 12(2), I hereby issue a permit to ~ ~ (applicaut) to use ~ (premises/ facility) located at~ for the purpose of Generalconditions of permit: 1. A fee of $400 is payable for issue of the permit. A fee of $10 is payable upon renewal. 2. This permit is not transferable and is valid only for the use of the specified premises/ facility for the specified purpose in relation to the specified controlled substances. 3. This permit is valid from to Special conditions (if any) Directorof Environment Signed: ------c Date OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM 5 DEPARTMENT OF ENVIRONMENT APPLICATION FOR PERMIT TO IMPORT CONTROLLED SUBSTANCES (Section 16(3) of the Act and Regulation 10(1)) Part A-Applicant details 1. Full name 2. Name and address of place of business 3. Residential address 4. Telephone Home Work Mobile Fax 5. E-mail to 167 6. (If applying on behalf of a company or partnership) (a) Position in the company or partnership (h) Name and registered address of the company or partnership (e) Describe type of business (including any other business operating under the above management) 7. Is the applicant applying for the first time? YES/NO Part B- Nature of the application • Proposeddateof importation: • Type of container: • Countries of origin: n ;/ • • • Type of carrier - ship/aircraft Name of vessel/agent: Proposed destinations in Fiji: Controlled Substances Purechemicals (use chemical code names) controlled substance Requested quantities Tradename (kg) Mixtures (state chemical code names) Country of origin "Intended use Trade name Chemicalcomposition (% of each controlled substance) Requested quantities (kg) Country of origin *Intended use (*Use the code numbers in the Annex (if applicable) when completing this portion). Part C-Other information Provide any additional information which the applicant: considers necessary for this application Part D- Conditions of application I. The applicant must complete this Form and send 2 copies to the Department of Environment. 2. The applicant will be notified within 14 days of the result of the application. A fee of $1 per kg. is also payable on lodgement of application. 168 3. The permit must be displayed in a conspicuous place at the place of business 4. A permit is not transferable and can only be used in respect of the shipment for which it is issued. Declaration I, (the applicant) declare that the information provided in this application is true and accurate and I fully understand the conditions of this application. Signed, Applicant Date Part E (Official use only) Permit No: Quota No: The information provided in this application has been checked and found: Accurate/Inaccurate I recommend that a pennit to importControlledSubstances be issued/not issued to (applicant) for the shipment stated below. Signed Director of Environment Date Annex The following code numbers are for the purposes of the intended use of controlled substances, referred to in Part B: 1.0 Refrigeration 1.1 Industrial 1.2 Commercial 1.3 Domestic 1.4 Transport 2.0 Air-conditioning 2.1 Commercial 2.2 Industrial 2.3 Domestic 2.4 Transport (private and public) 3.0 Aerosols 3.1 Commercial products 3.2 Industrial use 4 a Foam blowing 4.1 Flexible foams 4.2 Rigid foams hich this ffi. 4.3 4.4 50 5.1 5.2 5.3 5.4 Semi-rigid foams Others Solvents Electronics Metal cleaning. Dry cleaning Other 169 ces 6.0 Fire fighting 6.1 Portable 6.2 Fixed systems 6.3 Others 7.0 Fumigation 7.1 Quarantine application 7.2 Pre-shipment application 7.3 Soil fumigation 7.4 Other agricultural uses 7.5 Other 8.0 Miscellaneous (to be specified) OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM 6 DEPARTMENT OF ENVIRONMENT PERMIT TO IMPORT CONTROLLED SUBSTANCES (Section 16(3) of the Act and Regulation 12(2)) Permit No: Quota No: Pursuant to section 16(3) of the Act and Regulation 12(2), I hereby issue a permit to (applicant) to import quantities of controlled substances in the shipment specified below. Conditions of permit: I. This Permit is not transferable and is valid only for the shipment specified below. 2. This permit applies only to the following shipment: • Proposeddate of importation: • Type of container: • Countries of origin: • Type of carrier - ship/aircraft • Name of vessel/agent: • Proposed destinations in Fiji: 3. Form 10 must be completed by every importer of controlled substances in respect of each consignment and a clearance fee of $1 per kg is payable on each consignment. 4. The authorised person must keep records of all quantities of controlled substances imported as specified in the Annex to Form 5. 170 5. The records must be kept for 5 years, and (a) Made available upon request for inspection by an ODS Inspector/ Officer; (b) Submitted to Director of Environment on or before 1st November of each year. Signed Director of Environment Date OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM 7 DEPARTMENT OF ENVIRONMENT APPLICATION FOR PERMIT TO EXPORT CONTROLLED SUBSTANCES OR EQUIPMENT CONTAINING CONTROLLED SUBSTANCE (Regulations 8 and to; l)) Part A- Applicant details 1. Full name 2. Name and address of place of business 3. Residential address 4. Telephone Home Mobile Work Fax 5. E-mail 6. (If applying on behalf of a company or partnership) (a) Position in the company or partnership (b) Name and registered address of the company or partnership (c) Describe type of business (including any other business operating under the above management) 7. Is the applicant applying for the first time? YES/NO Part B-Nature of the application • Export Part 2 substance Pure Chemicals Controlled substance Quantity (kg) Mixtures Controlled substance Quantity (kg) • Export equipment containing a controlled substance (tick as applicable) o Equipment required and quantity o Controlled Substances contained in the equipment year. R the 171 • In either case, give details of o Proposed supplier o Proposed date of export o Proposed carrier o Proposed destination country o Proposed recipient Part C-Other information Provide any additional information which the applicant: considers necessary for this application Part Dv-Conditions of application I. The applicant must complete this Form and send 2 copies to the Department of Environment. Applicant Date OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORMS DEPARTMENT OF ENVIRONMENT PERMIT TO EXPORT CONTROLLED SUBSTANCES OR EQUIPMENT CONTAINING CONTROLLED SUBSTANCE (Regulation 8 and Regulation 12(2)) Permit No. Pursuant to Regulations Sand 12(2), I hereby issue a permit to (applicant) to export (tick as applicable) controlled substances/equipment containing a controlled substance as specified below. This Permit is valid for a shipment as mentioned below vessel or aircraft on (date) to (destination) Work Fax 172 Conditions of permit: I. This Permit is not transferable and is valid only for the shipment specified above. 2. An administration fee of $50 is payable to the Director of Environment for the shipment. 3. Controlled Substance/s (specify) 4. Permitted equipment (specify) 5. Form II must be completed by every exporter of Controlled Substances in respect of each shipment. Additional conditions in respect of exports I. Clearance ofthe shipment must have prior approvalofthe Department of Environment before the goods leave the Fiji Islands. Goods intended for export which do not have prior clearance may be detainedat the border at the exporter's expense. 2. Exported equipment containing controlled substances must be labelled with the name and address of the exporter and the nature of the controlled substance. 3. The authorised person must keep records of all controlled substances/equipment exported, includingnames and addressesof the recipients. 4. The records must be kept for 5 years, and (a) made available upon request for inspection by an ODS Inspector/Officer; (b) submitted to Director of Environment on or before lst November of each year. Signed ~ Director of Environment Date, OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM 9 DEPARTMENT OF ENVIRONMENT APPLICATION TO RENEW A LICENCE OR PERMIT IN RESPECT OF CONTROLLED SUBSTANCES (Sections 15, 16 and 17 of the Act and Regulation 13) Part A-Applicant details 1. Full name 2. Name of employer 3. Name and address of place of business 4. Residential address 5. Telephone Home Mobile the tof ent ive me ent ich 173 6. E-mail 7. (If applying on behalf of a company or partnership) (a) Position in the company or partnership (b) Name and registered address of the company or partnership (c) Describe type of business (including any other business operating under the above management) Part B-Details of the licence or permit Licence/permit number Type of licence/permit Date of expiry Declaration Applicant Date Part C (Official use only) Licence/Permit No. Date renewal application received Status of application: Rejected / Accepted If application accepted The licence/permit is renewed for a further period from to Conditions attached (if any): If application rejected Grounds for rejection: Recommendation to applicant (if any): Director of Environment Date Destination 174 OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM 10 DEPARTMENT OF ENVIRONMENT IMPORT DECLARATION (Sections 16 and 17 of the Act and Regulation 23) TO: Fiji Islands Revenue Customs Authority at port!airport AND To: Ozone Depleting Substances Unit, GPO Box 2109, Suva, Fiji This is to declare that a quantity of controlled substances is due to arrive at the above port! airport from (last port of call) at (time) on (date). Flight no. or ship's name Nature of the container/equipment/other (tick as applicable) Controlled Substances Name Quantity Place of origin Master/Captain/Customs agentJAutborised supplier (tick as applicable) Contact details Full name Name of employer .Name and address of place of business Residential address Telephone Home Mobile Work Fax E-mail address Identity of the authorised supplier who will receive the consignment (if not the Declarant) Declaration I declare the above particulars to be accurate to the best of my knowledge and belief I understand that a clearance fee of $1 per kg is payable for the shipment. Signed Date 175 OZONE DEPLETING SUBSTANCES REGULATIONS 2010 FORM Il DEPARTMENT OF ENVIRONMENT EXPORT DECLARATION (Sec/ions 16 and 17 of/he Act and Regulation 23) TO: Fiji Islands Revenue & Customs Service at port/airport AND To: )rt/ Ozone Depleting Substances Unit, GPO Box 2109, Suva, Fiji Phone (679) 3311069 Fax (679) 3318089 RecipientPlace of origin This is to declare that a quantity of controlled substances is due to leave from the above port/airport at~~ (time) on (date) destined for Flight no. or ship's name Nature of the container/equipment/other (tick as applicable) Controlled Substance Name Ouantity Master/Captain/Customs agent (tick as applicable) Contact details Full name Name of employer Name and address of place of business Residential address Telephone Home Mobile Work Fax he E-mail address Identity of the authorised supplier who is exporting the consignment (if not the Declarant) Declaration I declare the above particulars to be accurate to the best of my knowledge and belief Signed Date 176 SCHEDULE 3 (Regulation 27) CHh'MICALNAME, FORMULAE AND COMMONLY USEDCODE NAME FOR CONTROLLED SUBSTANCES Chemicals Controlled by the MontrealProtocol Chemical code name Type A group 1 Chemical short formula Chemical name 01 02 03 04 05 CFC-II CFC-12 CFC-1l3 CFC-114 CFC-IlS CFCI, CF2CI 2 C2F 3Ch C2F 4Cb C2F sCl Trichlorofluoromethane Dichlorodifluoromethane I, 1,2- Trichlorotnfluoroethane Dichlorotetrafluoroethane Monochloropentafluoroethane Type A group II 06 07 08 Halon-1211 Halon-1301 Halon~2402 CF,BrCI CBrF) C2F4Br2 Bromochlorodifluoromethane Bromotrifluoromethane Dibromotetratluoroethane Type Bgroup I 09 CFC-13 10 CFC-1l1 II CFC-1l2 12 CFC-2ll 13 CFC-212 14 CFC-213 IS CFC-214 16 CFC-2IS 17 CFC-216 18 CFC-217 CF,C1 Monochlorotrifluoromethane C2FCls Pentachlorofluoroethane C2F 2CI 4 Tetrachlorodifluoroethane C3FCh Heptachlorofluoropropane C3F2C1 6 Hexachlorodifluoropropane C3F 3Ch Pentachlorctriflucrcpropane C3F4C14 Tetrachlorotetrafluoropropane C3FsCb Trichloropentafluoropropene C3F6Ch Dichlorohexafluoropropane C3F,Cl Monochloroheptafluoropropane TypeBgroup II 19 HaIon-104 CCI, Carbon tetrachloride 178 50 HCFC-235 C3H2FsCl Monochloropentafluoropropane 51 HCFC-241 C3H3FCl4 Tetrachlorofluoropropane 52 HCFC-242 C 3H3F2Cl3 Trichlorodifluoropropane 53 HCFC-243 CJH3F3Ch Die hiorotrif1uoropropane 54 HCFC-244 C)H3F4Cl Manoc h101mtetrafluorop ropane 55 HCFC-251 C3H4FC1J Trichlorofluoropropane 56 HCFC-252 C3H4F2Ch Dichlorodifluoropropane 57 HCFC-253 C,lL,F,Cl Monochlorotrifluoropropane 58 HCFC-261 C3HsFCIz Dichlorofluoropropane 59 HCFC-262 CJHsF1CI Monochtorodifluoropropane 60 HCFC-27I CJH6FCI Monochlorofluoropropane Type C group 1I 61 • CHFBrz Dibromofluoromethane 62 HBFC-22Bl CHF2Br Monobromodifluoromethane 63 • CHzFBr Monobromofluoromethane 64 • CzHFBr4 Tetrabromofluoroethane 65 • CzHF2Br3 Tribromodifluoroethane 66 • CzHF3Brz Dibromotrifluoroethane 67 • CzHF4Br Monobromotetrafluoroethane 68 • CZH1FBr3 Tribromofluoroethane 69 HBFC-132bB2 GH2F2BrZ 1, 2-Dibromo-l, I-difluoroethane 70 • C2H2F3Br Monobromotrifluoroethane 71 HBFC-142B2 C2H3FBr2 1,2~Dibromo- l-fluoroethane 72 • C2H3F2Br Monobromodifluoroethane Type C group 1I- continued 73 • C2H4FBr Monobromofluoroethane 74 • C3HFBr6 Hexabromofluoropropane • Does not have a chemical code name - New addition 75 • C 3HF2BrS Pentabromodifluoropropane 76 • C3HF3Br4 Tetrabromotrifluoropropane 77 • C3HF4Br3 Tribromotetrafluoropropane 78 • C3HFsBr2 Dibromopentafluoropropane 79 • C3HF6Br Monobromohexafluoropropane 80 • C3H2FBrs Pentabromofluoropropane 81 • C3H2F2Br4 Tetrabromodifluoropropane 82 • C3H2F3Br3 Tribromotrifluoropropane rpane pane 1e re ne ne ethane re e e e e lane 179 83 * C3H2F4Br2 Dibromotetrafluoropropane 84 * c)H2FsBr Monobromopentafluoropropane 85 * C3H3FBr4 Tetrabromofluoropropane 86 * C)H)F2Br) Tribromodifluoropropane 87 * C3H3F3Brz Dibromotrifluoropropane 88 * C)H)F4Br Monobromotetrafluoropropane 89 * C,H,FBr, Tribromofluoropropane 90 * C3H4F2Br2 Dibromodifluoropropane 91 * C)H4F)Br Monofluorotrifluoropropane 92 * C3H5FBrz Dibromofluoropropane 93 * C)H5F2Br Monobromodifluoropropanc 94 * C]H6FBr Monobromofluoropropane Type C group III 95 * CH2BrCI Monobromochlororncthane TypeE group! 96 Halon-lOO! CH)Br Methyl bromide * Does not have a chemical code name Any other chemicals that might be declared as ODS OZONE DEPLETING SUBSTANCES REGULATIONS 2010 EXPLANATORY NOTE These Regulations replace the Ozone Depleting Substances Regulations 2000 which have become outdated in a number of respects. Clarify the nature of the qualifications for obtaining a licence or permit Increase the periodof a licence or permit to 3 years Increase the fees. Provide for late renewal fee of $50. Providefor waiverof fees in public interest 180 Add provisions about appeals Control export of controlled substances Add several new forms to clarify the nature of each application and licence or permit Create an import/export declaration Repeal the exiting regulations, but with a saving for existing licences and permits. Attorney General: Date: Price: $2.95 M. BULIVOU, Acting Government Printer, Sliva, Fiji - 2010 Official Printer Since 1883 79/FGGSnOlO-900