This note is not part of the regulations, but is intended to indicate their general effect.
These regulations amend the Ozone Layer Protection Regulations 1996 (the principal regulations). Regulations 6 and 7 come into force on the day after the date of their notification in the Gazette and the rest of the regulations come into force on 1 January 2017. The purpose of these regulations is to—
revoke the HCFC wholesaler permit category and clarify that exemptions do not apply to HCFC imports from member States that are not party to or compliant with the Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol); and
clarify that the importation of bulk recycled substances is conditionally prohibited and subject to exemption requirements.
Regulation 3 provides that these regulations amend the principal regulations.
Regulation 4 amends regulation 3 of the principal regulations to prohibit the importation of bulk HCFC (fluorinated gases that are used in refrigeration and air-conditioning units, and in some foams). This prohibition does not apply to bulk recycled HCFCs, because regulation 4 of the principal regulations provides that regulation 3 does not apply to bulk recycled substances.
Regulation 5 revokes regulations 8 to 11 of the principal regulations, which established different permits for importing HCFCs. The permits provided for by regulations 8 to 10 have all been phased out and those regulations are spent. The wholesaler permit category under regulation 11 has to be phased out in order to enable New Zealand to meet its obligations under the Montreal Protocol.
Regulation 6 amends regulation 12 of the principal regulations, which prohibits the importation of any bulk recycled substance except on the basis provided in that regulation. The effect of the amendment is that no bulk recycled substance may be imported unless the importation is exempted by the Environmental Protection Authority (the EPA) under regulation 29.
Regulation 7 amends regulation 28 of the principal regulations, which provides that prohibited substances and goods may be exempted by the EPA. The effect of the amendment is to prevent the importation of any HCFCs from any country unless it is a party to the Montreal Protocol or is a complying country.
Regulatory impact statement
The Ministry for the Environment produced a regulatory impact statement on 31 May 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 27 October 2016.
These regulations are administered by the Ministry for the Environment.