Bills Digest No. 177 2004–05
Environment and Heritage Legislation Amendment
Bill 2005
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage History
Environment
and Heritage Legislation Amendment Bill 2005
Date
Introduced: 16
March 2005
House: Senate
Portfolio: Environment and Heritage
Commencement:
Schedule 1 commences 28
days after Royal Assent and Schedule 2 commences on Royal
Assent
This Bill amends the Ozone
Protection and Synthetic Greenhouse Gas Management Act 1989 to:
-
change the licensing requirements for the import and export of
hydrochloroflurocarbons and methyl bromide, and
-
increase the reporting requirements for manufacturers of
synthetic greenhouse gases.
The Bill also amends the Sydney Harbour
Federation Trust Act 1989 to enable a parcel of land to be
sold.
The Ozone Protection and Synthetic Greenhouse Gas
Management Act 1989 (the Act) implements Australia s
obligations under the 1987 Montreal Protocol on Substances that
Deplete the Ozone Layer (Montreal Protocol)(1). The
Montreal Protocol has been amended a number of times to extend its
scope. Australia has ratified the 1990, 1992, 1995 and 1997
amendments but not the 1999 (Beijing) amendment. Amongst other
things, these amendments have progressively tightened regulation of
the manufacture, use, trade and disposal of ozone depleting
substances (ODS) included in the original Montreal Protocol as well
as expanding the range of ODS covered by its scope.
ODS, such as
hydrochlorofluorocarbons (HCFCs), chlorofluorocarbons (CFCs),
halons, and methyl bromide, are used for a variety of purposes such
as refrigeration and air conditioning, foam manufacture,
fumigation, fire extinguishing and a range of aerosol products. If
released into the atmosphere, ODS damage the ozone layer which
protects the earth from UV-B radiation.
The regulation of ozone is split
between the Commonwealth and the states. The Act and other
associated legislation and regulations prohibit the import, export
and manufacture of those ODS that are the most damaging to the
ozone layer and place various limitations on less damaging ODS with
a view to a progressive phase-out of these latter substances.
Regulation of end use has historically been conducted by the states
however following the Review of the Commonwealth s ozone protection
legislation which reported in 2001, the Commonwealth has now been
given primary responsibility for controlling the end use of
ODS.(2) The Commonwealth has a work program for
developing regulations to cover industries that use ODS (such as
refrigeration and air-conditioning) which will replace the existing
state regulatory arrangements. The regulations will cover
licensing, training requirements and setting appropriate standards
for conducting work to minimise emissions of ODS. The states and
territories still have a role in providing training to meet the new
Commonwealth standards through the TAFE system, however this may be
provided by any registered training organisation.
With the phasing out of some ODS during the 1990s, alternative
gases were needed to replace them. Whilst ozone-benign, some of the
alternatives brought in are potent greenhouse gases, that is,
contribute to the Greenhouse effect. These are termed synthetic
greenhouse gases, or SGGs. There are two main types of SGGs that
have replaced the traditional ODS, hydrofluorocarbons (HFCs) and
perfluorocarbons (PFC)s. According to a review of the arrangements
that was conducted in 2001(3):
HFCs are currently the refrigerant of choice in
Australia for most domestic and non-domestic air conditioning and
refrigeration systems. They are also used in the manufacture of
rigid polyurethane foam and metered dose medical inhalers and serve
as a sterilant gas, as a solvent, as a propellant in aerosols and
as a streaming agent in fire extinguishers. PFCs are used as a
cleaning agent in the electronics industry, in certain fire
suppression systems and in some refrigerant blends.
The Act and other associated legislation place limitations on
the import, export and manufacture of SGG s.
Sydney
Harbour Federation Trust Act 2001
Following negotiations
with the NSW government during 1997 and 1998, the Commonwealth
Government included a commitment in its 1998 election platform
to:
return Sydney Harbour foreshore defence sites to
the people of Australia and protect the national and heritage
values of those sites [by] provid[ing] $90 million from the
Federation Fund and establish[ing] a Sydney Harbour Federation
Trust [which will] assume management and planning responsibilities
for the sites for a period of ten years. (4)
The Sydney Harbour Federation Trust was created in September
2001 following passage of the Sydney Harbour
Federation Trust Act 2001 (SHFT Act).
The sites covered by the trust are:
Macquarie
Lightstation on South Head
The former
artillery school at North Head
Woolwich
Dock and Parklands
Cockatoo
Island
Snapper
Island
land at
Middle Head, George s Heights and Chowder Bay, and
the former
Marine Biological Station at Watson s Bay.
A person must not manufacture, import or export HCFC s or methyl
bromide unless they hold a controlled substances
licence.(5) Currently a person who wishes to import
or export recycled or used HCFC s or methyl bromide must not do so
unless they hold both a controlled substances licence and a
used substances licence.(6) At the time the
licensing requirements were put in place, it was not intended that
both a controlled substances licence and a used substances licence
would be required for the import and export of recycled and used
HCFC s and methyl bromide.(7) The intention was for
recycled and used substances to only require a used substances
licence. Item 1 of the Bill amends the Act to
remove the double licensing requirement.
This amendment will not change the level of care or
accountability that needs to be met by importers or exporters of
recycled or used substances. It does however decrease the licensing
costs. Currently each licence application costs $15,000. As a
result, these amendments will halve the licensing costs for persons
wishing to import or export recycled or used HCFC s and methyl
bromide.
Currently under the Act, if a person imports or exports SGG s
they are required to give the Minister a report in accordance with
the regulations.(8) The report is required to contain a
range of information including the following:
the amount (if any) of HFC-134a imported by the
person and the amount (if any) exported during the quarter,
expressed in CO2 equivalent tonnes;
if the
person imported or exported any secondary SGGs(9) during
the quarter:
-
each kind of secondary SGG imported and each kind exported; and
-
the total amount of secondary SGGs imported and the total amount
exported during the quarter, expressed in CO2 equivalent
tonnes;
if the
person imported or exported any exotic SGGs(10) during
the quarter:
-
the amount of exotic SGGs imported and the amount exported during
the quarter expressed in CO2 equivalent tonnes;
and
-
whether any exotic SGG mentioned in items 9 to 15 of table 900-2 of
the Ozone Protection and Synthetic Greenhouse Gas Management
Regulations 1995 were imported or exported.
By comparison, where a person manufactures SGG s they are not
however required to provide a report on their manufacturing
activities. Item 2 of the Bill proposes to change
this so that persons who manufacture SGG s will be required to give
a report that contains information that is specified in the
regulations. Currently there is no regulation that sets out the
requirements which must be contained within the report. As a result
the Ozone Protection and Synthetic Greenhouse Gas Management
Regulations 1995 will need to be amended. The amendments will
specify similar reporting requirements to those that apply to
importers and exporters of SGG s.
Under the Sydney Harbour Federation Trust
Act 2001 (SHFT Act), those properties listed in Schedule 1 of
the Act are not to be sold. Those properties listed in Schedule 2
of the SHFT Act may be sold provided the Minister approves the
sale. This Bill proposes to transfer one of the properties listed
in Schedule 1, the Scout Hall site in Markham Close Mosman, to
Schedule 2 so that the property can be sold. In exchange for this,
the Bill proposes to transfer other land at Markham Close, Mosman,
listed in Schedule 2, across to Schedule 1. The second reading
speech to the Bill states that(11)
The effect of the proposed amendments contained
within this bill will be to enable the Sydney Harbour Federation
Trust to more effectively bring to the fore the natural ridgeline
of Middle Head peninsula and add to the character of the Headland
Park
This land swap is consistent with the Sydney
Harbour Federation Trust s comprehensive plan and the fundamental
objective of making its land accessible to the public
The proposed land swap was overwhelmingly
supported by the community during the exhibition of the draft
Management Plan.
On occasions there has been concern regarding the sale of
certain parts of the trust land,(12) however this
proposal to sell land appears to be non-contentious. The purpose of
the sale is to fund implementation of the Trust s overall
management plan.
Item 1 removes the Scout Hall (Lot 1 in
Deposited Pan 233157), from Schedule 1. Item
2inserts the Scout Hall into Schedule 2.
Item 2 also inserts into Schedule 1 the land at
Markham Close, Mosman (Lot 19 in Deposited Plan 233157, Lot 1 in
Deposited Plan 831153, and Lot 106 in Deposited Plan 1079507) which
was swapped for the Scout Hall. This land has been given a new
legal name for the purposes of the transfer. Item 3 and
4 amends Schedule 2 to remove the land moved to Schedule 1
from Schedule 2.
Concluding Comments
This Bill amends the Ozone Protection and Synthetic
Greenhouse Gas Management Act 1989 so that persons wishing to
import or export recycled and used HCFC s and methyl bromide are
only required to hold a used substances licence. The Bill changes
reporting requirements so that manufacturers of SGG s will be
required to report to the Minister on their manufacturing
activities.
The Bill also amends the Sydney Harbour
Federation Trust Act 1989 to enable a parcel of land to be
sold.
These amendments do not appear to be controversial.
-
The 1987 Montreal Protocol contains specific obligations that
build on the original framework agreement, the 1985 Vienna
Convention for the Protection of the Ozone Layer. The relationship
between the Vienna and Montreal agreements is similar to that
between the 1992 Climate Change convention and 1997 Kyoto Protocol.
See: http://www.unep.org/ozone/aboutsec.shtml
for more background.
-
In April 2000 a Task Force consisting of representatives from
Environment Australia, the Australian Greenhouse Office, the
Attorney-General s Department and Pricewaterhouse Coopers was
formed to review the impact, appropriateness, effectiveness and
efficiency of Commonwealth ozone protection. The Review was
completed in January 2001.
-
See footnote 2 above. This quote is from the review s Paper
6 - Synthetic greenhouse gases used in Montreal
Protocol Industries.
-
Coalition Environment Policy, Protecting the
Sydney Harbour Foreshore, September
1998.
-
Sub-section 13(1) of the Ozone Protection and Synthetic
Greenhouse Gas Management Act 1989.
-
Section 13 and 13A of the Ozone Protection and Synthetic
Greenhouse Gas Management Act 1989.
-
Discussions with officers at the Department of Environment and
Heritage.
-
Section 46 of the Ozone Protection and Synthetic Greenhouse
Gas Management Act 1989
-
Secondary SGG is defined in Regulation 900 of the Ozone
Protection and Synthetic Greenhouse Gas Management Regulations
1995.
-
Exotic SGG is defined in Regulation 900 of the Ozone Protection
and Synthetic Greenhouse Gas Management Regulations 1995.
-
Minister for Justice and Customs, Senator Ellison, Second
Reading Speech Environment and Heritage Legislation Amendment Bill
2005 Hansard, 16 March 2005, p. 6.
-
Senator Andrew Bartlett, Leader of the Australian Democrats,
Don t sell trust land at middle head, Media Release
, 30 December 2002, Geraldine O Brien, Anger over historic
site sell-off plan The Sydney Morning Herald, 21 March
2002.
Susan Dudley
20 June 2005
Bills Digest Service
Information and Research Services
This paper has been prepared to support the work of the
Australian Parliament using information available at the time of
production. The views expressed do not reflect an official position
of the Information and Research Service, nor do they constitute
professional legal opinion.
IRS staff are available to discuss the paper's
contents with Senators and Members and their staff but not with
members of the public.
ISSN 1328-8091
© Commonwealth of Australia 2005
Except to the extent of the uses permitted under the
Copyright Act 1968, no part of this publication may be
reproduced or transmitted in any form or by any means, including
information storage and retrieval systems, without the prior
written consent of the Parliamentary Library, other than by members
of the Australian Parliament in the course of their official
duties.
Published by the Parliamentary Library, 2005.
Back to top