Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

Subject to subsections (3A) to (6A), the CEO may grant a licence to a person who has applied for it in accordance with section 14.

A licence (other than an HCFC licence, an SGG licence or an equipment licence):

must specify:

the substance or substances to which it relates; and

the activities it allows; and

may specify the maximum quantities of any or all of those substances allowed for any or all of those activities.

An SGG licence must state that it relates to SGGs, and must specify the activities it allows.

An equipment licence must specify whichever one or more of the following activities that the licence allows:

manufacture specified ODS equipment;

import specified ODS equipment;

export specified ODS equipment;

manufacture specified SGG equipment;

import specified SGG equipment;

export specified SGG equipment.

Two or more licences granted to the same person may be set out in the same document.

In deciding whether or not to grant a licence, the CEO:

must have regard to Australia’s international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and

may have regard to any other matters he or she thinks relevant.

The CEO must not grant a licence to a person unless the CEO is satisfied that the person is a fit and proper person to be granted a licence.

The mandatory fit and proper person considerations are set out in section 13B.

The CEO must not grant a controlled substances licence, or a used substances licence, that allows the manufacture, import or export of a scheduled substance unless the requirements (if any) prescribed by the regulations for the purposes of this subsection in relation to the kind of licence, the activity and the relevant type of scheduled substance are satisfied.

The CEO must not grant an equipment licence that allows the manufacture, import or export of SGG equipment unless the requirements (if any) prescribed by the regulations for the purposes of this subsection in relation to the activity, the equipment and the relevant type of scheduled substance are satisfied.

The CEO must not grant an equipment licence that allows the manufacture, import or export of ODS equipment unless:

for equipment that contains a scheduled substance—subsection (6A) applies in relation to the equipment; and

in any case—the requirements (if any) prescribed by the regulations for the purposes of this paragraph in relation to the activity, the equipment and the relevant type of scheduled substance are satisfied.

For the purposes of paragraph (6)(a), this subsection applies if the CEO is satisfied that:

both:

the equipment is essential for medical, veterinary, defence, industrial safety, public safety, scientific, testing or monitoring purposes or laboratory and analytical uses; and

no practical alternative exists to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose; or

because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment; or

in the case of the import or export of equipment—it would be impracticable to remove or retrofit the equipment because it is incidental to other equipment that is being imported or exported; or

in any case—the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment; or

in any case—both:

exceptional circumstances justify granting the licence; and

granting the licence would not be inconsistent with Australia’s international obligations under the Montreal Protocol; or

in any case—the manufacture, import or export would occur in circumstances prescribed by the regulations for the purposes of this paragraph.

An application is refused by giving the applicant written notice of the refusal and of the reasons for the refusal.