Page 5193 - Week 16 - Thursday, 28 November 1991
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This Government has prepared legislation which will meet all obligations for the ACT. The legislation carries out these obligations in the most up-to-date way and, equally importantly, with the minimum of government regulation of business. This Bill is consistent with the regulation of other States and Territories, and it will strengthen the Commonwealth legislation if ozone depleting substances are manufactured in the ACT.
I will now outline the provisions of the Bill. The main administrative body under this Bill is the Pollution Control Authority established under the Air Pollution Act 1984. The authority also has functions under the Noise Control Act 1988 and the Water Pollution Act 1984. An ozone depleting substance is defined in Part I as any substance referred to in schedule 1 of the Ozone Protection Act 1989 of the Commonwealth. This approach is consistent with the States and the Northern Territory. It allows immediate uniformity across Australia, should the schedule be changed.
The operative offence provisions of the Bill are contained in Part II. That part makes it an offence to intentionally discharge an ozone depleting substance to the atmosphere or to manufacture, sell, supply, transport, store, recycle, reprocess or dispose of an ozone depleting substance except in accordance with a licence.
Part II also provides for phase-out dates for ozone depleting substances and provides for the labelling of ozone depleting substances and products that contain ozone depleting substances. The labelling requirements will ensure that ozone depleting substances are not inadvertently mixed or released and that consumers are aware of the content of the products that they are buying.
The provisions dealing with licensing are also contained in Part II of the Bill. The use of a licensing system will control ozone depleting substances at the wholesale level and at the point where there is interference with the substances in the servicing of equipment that contains ozone depleting substances.
Part III of the Bill is the education component. The Pollution Control Authority may approve courses and examinations under this part to ensure that an acceptable level of education leading to competency in the handling of ozone depleting substances is available consistently with that available in the States and the Northern Territory. This level of education is one of the prerequisites of the licensing system.
The remainder of the Bill deals with enforcement and miscellaneous matters. The enforcement provisions are very similar to other environment protection legislation in force in the Territory. The legislation will be supported with regulations which will be in accordance with the national strategy to control ozone depleting substances.
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