Ozone Layer Protection Regulations 1996

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    aerosol spray and aerosol means any substance packed under pressure in a container with a device for releasing it directly into the atmosphere as a foam or fine spray or solid or liquid stream

    blowing agent means any gas or volatile liquid introduced into liquid plastic to create bubbles for the purpose of forming plastic foam

    bromochloromethane means the substance specified in Part 9 of Schedule 1

    bulk, in relation to any controlled substance,—

    • (a) means any controlled substance that is acquired in a non-processed form whether alone or in a mixture:

    • (b) includes any bulk recycled substance:

    • (c) excludes any controlled substance that is in a manufactured product other than a container used for the transportation or storage of the substance

    bulk recycled substance

    • (a) means any controlled substance that is acquired in a non-processed form, whether alone or in a mixture, and that has been recovered, cleaned, or reclaimed; but

    • (b) excludes any controlled substance that is in a manufactured product other than a container used for the transportation or storage of the substance

    carbon tetrachloride means the substance specified in Part 4 of Schedule 1

    CFC means any substance specified in Part 1 or Part 3 of Schedule 1

    cleaned, in relation to any bulk recycled substance, means a recovered substance that has been cleaned by filtering or drying

    complying country means a country that has been determined, in accordance with the Montreal Protocol, to be a country that is in full compliance with Articles 2, 2A to 2I, and Article 4 of that Protocol, and any certificate given by the Minister of Foreign Affairs to the effect that any country is or is not a complying country is conclusive evidence of that fact

    consumption means production plus imports minus exports of bulk controlled substances

    controlled substance means any substance specified in Schedule 1

    EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

    exportation has the same meaning as in section 2 of the Customs and Excise Act 1996, and export has a corresponding meaning

    fire extinguisher includes any permanently installed drench system in a building, ship, or aircraft

    halon means any substance specified in Part 2 of Schedule 1

    HBFC means any substance specified in Part 6 of Schedule 1

    HCFC means any substance specified in Part 7 of Schedule 1

    importation has the same meaning as in section 2 of the Customs and Excise Act 1996, and import has a corresponding meaning

    manufacture, in relation to any controlled substance, means the process of creating a controlled substance but excludes any process which cleans or reclaims a bulk controlled substance

    methyl bromide means the substance specified in Part 8 of Schedule 1

    methyl chloroform means the substance specified in Part 5 of Schedule 1

    ODP tonnage means the mass of a substance multiplied by its ozone depletion potential

    ozone depletion potential or ODP means the steady-state ozone reduction for each unit mass of gas emitted into the atmosphere relative to that for a unit mass emission of CFC-11, as listed in the relevant Annexes to the Protocol and as specified in Schedule 1

    party means a country that is—

    • (a) a party to the Montreal Protocol; and

    • (b) in relation to provisions regulating the manufacture, importation, and exportation of—

      • (i) HCFCs, HBFCs, and methyl bromide, a party to the Copenhagen Amendment to the Montreal Protocol; or

      • (ii) bromochloromethane, a party to the Beijing Amendment to the Montreal Protocol

    plastic foam means any plastics in a cellular mass which are formed by the use of blowing agents

    pre-shipment applications

    • (a) means any treatments applied, no later than 21 days before export, to meet—

      • (i) the official requirements of the importing country; or

      • (ii) the existing official requirements of the exporting country,—

      being official requirements performed or authorised by a national plant, animal, environmental, health, or stored product authority; but

    • (b) does not include quarantine applications

    quarantine applications means any treatments to prevent the introduction, establishment, or spread of quarantine pests (including diseases), or to ensure their official control, where—

    • (a) official control is that performed by, or authorised by, a national plant, animal, or environmental protection or health authority;

    • (b) quarantine pests are pests of potential importance to the areas endangered thereby and not yet present there, or present but not widely distributed and being officially controlled

    reclaimed, in relation to any bulk recycled substance, means a recovered substance that has been reprocessed and upgraded by filtering, drying, distillation, or chemical treatment

    recovered, in relation to any bulk recycled substance, means a substance that has been collected from machinery, equipment, or containment vessels during servicing or before disposal

    sale means every method of disposition for valuable consideration, including barter; and includes—

    • (a) the disposition to an agent for sale on consignment; and

    • (b) offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and

    • (c) disposal by way of raffle, lottery, or other game of chance,—

    and sell and sold have corresponding meanings

    solvent means any aqueous or organic product designed to clean a component or assembly by dissolving the contaminants present on its surface

    working day means any day of the week other than—

    • (a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

    • (b) a day in the period commencing on 25 December in any year and ending with 15 January in the following year.

    Regulation 2 bromochloromethane: inserted, on 16 November 2000, by regulation 3(1) of the Ozone Layer Protection Amendment Regulations 2000 (SR 2000/211).

    Regulation 2 complying country: substituted, on 16 November 2000, by regulation 3(2) of the Ozone Layer Protection Amendment Regulations 2000 (SR 2000/211).

    Regulation 2 EPA: inserted, on 1 July 2011, by section 55 of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 2 Minister: revoked, on 1 July 2011, by section 55 of the Environmental Protection Authority Act 2011 (2011 No 14).

    Regulation 2 party: inserted, on 16 November 2000, by regulation 3(1) of the Ozone Layer Protection Amendment Regulations 2000 (SR 2000/211).

    Regulation 2 pre-shipment applications: substituted, on 16 November 2000, by regulation 3(4) of the Ozone Layer Protection Amendment Regulations 2000 (SR 2000/211).