Legislation and Regulations
Overview of the Act
The purpose of the OP&SGG Act is to reduce the amount of ozone depleting and synthetic greenhouse gases being emitted into the environment. It does this by imposing restrictions on their storage, handling and use. The Act also bans the use of substances such as halon, and more substances are likely to be added to this list in future.
The Act applies to a large number of substances and these are listed in a schedule to the Act.
These include substances used for fire suppression such as:
- Chlorofluorocarbons (CFCs)
- Halon
- Carbon tetrachloride, Methyl chloroform
- Hydrobromofluorocarbons (HBFCs)
- Hydrochlorofluorocarbons (HCFCs)
- Methyl bromide
- Bromochloromethane
For a comprehensive list of substances refer to the OP & SGG Act or to the Department of Environment, Water, Heritage and the Arts (http://www.environment.gov.au/atmosphere/ozone/). This site also contains an inventory of some of the trade names of chemical products containing ozone depleting substances and their alternatives.
Regulations
The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (as amended in 2005) contain controls relating to: import/export/manufacture licensing; manufacture and disposal of scheduled substances; refrigeration and air-conditioning; methyl bromide; and fire protection. The regulations are likely to be broadened in the future to include other end uses of ozone depleting substances and synthetic greenhouse gases - including the aerosol, solvents and foams sectors which are currently regulated by state and territory governments.
These regulations do not restrict the use or availability of ozone depleting substances or synthetic greenhouse gas based extinguishing agents. Except for the use of halon there are no plans to restrict, prohibit or withdraw any of the currently available fire extinguishing agents.
Where there are compelling reasons to retain the use of halon, applications may be made for a Halon Special Permit.
For links to complete copies of the Act and its associated explanatory memoranda and regulations, please visit the Department of the Environment, Water, Heritage and the Arts website click here.
Offences
Under the Act it is an offence to unlawfully discharge any scheduled substance into the atmosphere (Section 45B of the Act). This includes substances that can be used to prevent, control or extinguish a fire, or suppress an explosion. The substances are called extinguishing agents.
In relation to extinguishing agents it is also an offence to:
- handle extinguishing agents without the appropriate authority (Regulation 302)
- possess halon without a permit (regulation 304)
- acquire possess or dispose of bulk extinguishing agents without an appropriate authority (Regulation 303)
Summary of Regulations
Unlawfully discharging an extinguishing agent
Under Section 45A of the OP&SGG Act it is an offence to unlawfully discharge scheduled substances to the atmosphere.
A person will be guilty of an offence if he or she engages in conduct that results in a discharge where it is likely that the discharge will enter into the atmosphere. This section will not apply if the discharge of a scheduled substance is being used for its designed purpose such as extinguishing a fire.
An offence against this section of the Act carries a fine of 100 penalty units.
Handling an extinguishing agent without an appropriate licence
Regulations that 302 of the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 states that:
- On or after 1 November 2005, a person must not handle an extinguishing agent that is, or has been, for use in fire protection equipment unless he or she holds:
- Handling an extinguishing agent means to do anything with the agent (other than to use it to prevent, control or extinguish a fire or suppress an explosion) that carries the risk of its emission. This includes decanting, installing, maintaining, decommissioning or disposing. However, it does not include the transport of a portable extinguisher where there is no intension to do any maintenance or installation.
- Depending on the particular activities to be conducted, a person who handles an extinguishing agent may require on or more of the six extinguishing agent handling licences.
(a) an extinguishing agent handling licence;
(b) a special circumstances exemption that covers the handling of the agent; or
(c) if the extinguishing agent is halon – a halon special permit.
Possessing Halons
Regulation 304 makes it an offence to possess halon that is, or has been used, for use in fire protection equipment.
This is in response to the very aggressive way halons can destroy the ozone layer. In fact one kilogram of halon 1211 can destroy 50 tonnes of ozone and it has been estimated that halon and other bromine sources are responsible for 25 per cent of the chemical destruction of ozone over Antarctica and 50 per cent over the Arctic.
However, the Act recognises that there are some situations where there are currently no alternatives to halon such as in aircraft and large marine vessels. These are listed in regulation 304 (4). The Act therefore allows for the granting of a halon special permit to allow for the possession of halon.
A halon special permit may be granted by the Board where it is satisfied that:
The applicant is appropriately experienced and the use of the halon is to protect human life or operate equipment that it critical to the community.
Also the Board must be satisfied that there is no practicable and safe alternative available at reasonable cost.
The penalty for possessing halon without the appropriate Permit is 10 penalty units.
The penalty for handling an extinguishing agent or possessing halon without the appropriate licences is 10 penalty units.
Trading bulk extinguishing agents without an appropriate licence
Under regulation 303 it is an offence to possess, trade or dispose of bulk extinguishing agents without an extinguishing agent trading authorisation.
In this regulation bulk extinguishing agent means an extinguishing agent that is for use or has been used in fire protection equipment but does not include an agent that is already contained in fire protection equipment.
Before granting an authorisation the Board must ensure that the licence holder has appropriate equipment to be able to handle and prevent avoidable emissions. It will also ensure that only people with the appropriate handling licence actually handle the extinguishing agent.
A person holding an Extinguishing Agent Trading Licence will be required to maintain appropriate records of all amounts of extinguishing agent and provide regular reports to the Board in accordance with regulation 332.
The penalty for operating without a Trading Authorisation is 10 penalty units. However, should the extinguishing agent be found to be discharging due to lack of appropriate facilities, an offence for discharging scheduled substance could arise and these carry a penalty of 100 penalty units.