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About the Ozone Layer Protection Act 1996

New Zealand’s commitments under the Montreal Protocol on substances that deplete the Ozone Layer are contained in the Ozone Layer Protection Act 1996 and the Ozone Layer Protection Regulations 1996.

The Ozone Layer Protection Act lays down the broad controls for ozone-depleting substances. Its provisions include:

  • a prohibition on the import, manufacture, sale or export of such substances except as allowed under the Regulations (Section 6)
  • provision for exemptions for essential uses, such as the import of CFCs for meter dose inhalers for asthma and related conditions (sections 8 and 9)
  • provision for the Minister for the Environment to require that people handling ozone-depleting substances develop codes of practice and/or know their obligations under the Act and have sufficient knowledge to be able to fulfil them (sections 10 to 12)
  • making it an offence to breach the above prohibition or to release controlled substances knowingly during installation, servicing, operating or dismantling equipment (Section 13(f))
  • provision for the making of Regulations to control ozone-depleting substances (Part III).

The Ministry for Economic Development is responsible for enforcing the legislation, and managing the permit system for imports and exports, while the Ministry for the Environment has overall responsibility for policy, and import and export permits and other aspects of enforcement.

Full text of the Ozone Layer Protection Act 1996 (NZ Legislation website).

Ozone Layer Protection Regulations 1996

The Ozone Layer Protection Regulations contain the rules relating to specific substances. Most of the controls are on importing bulk substances. The regulations also prohibit the import of dehumidifiers, refrigerators, freezers, air-conditioners, supermarket display cases, heat pumps and water coolers that contain CFCs except where they are part of another piece of equipment (for example, a fixed refrigeration system in a boat). Important features of the regulations are:

  • a full list of substances which are controlled
  • prohibition on the import or export in bulk and the manufacture of most controlled substances
  • provision for the import of methyl bromide under permit for soil fumigation and for quarantine and preshipment purposes
  • a phase-out schedule for HCFCs and details of the import permit system in use during the phase-out period
  • prohibition on the import of certain items containing ozone-depleting substances, including fire extinguishers containing any controlled substances
  • details of exemptions that can be made for “essential uses”.

Information on applying for the import or export ozone depleting substances is available on the Ministry for Economic Development website.

Full text of the Ozone Layer Protection Regulations 1996 (NZ Legislation website).

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