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Act Repealed Latest version as at 11 April 1994 (as enacted) | 1994 No 1

Ozone Layer Protection Amendment Act 1994

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Act Repealed Latest version as at 11 April 1994 (as enacted) | 1994 No 1

Ozone Layer Protection Amendment Act 1994

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Ozone Layer Protection Amendment Act 1994

Public Act
  
1994 No 1
Date of assent
  
11 April 1994
 

Contents

An Act to amend the Ozone Layer Protection Act 1990

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title

This Act may be cited as the Ozone Layer Protection Amendment Act 1994, and shall be read together with and deemed part of the Ozone Layer Protection Act 1990 (hereinafter referred to as the principal Act).

2 Interpretation

(1)

Section 2 of the principal Act is hereby amended by repealing the definition of the term “bulk controlled substance”, and substituting the following definitions:

“‘Bulk 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:

“‘Cleaned’, in relation to any bulk recycled substance, means a recovered substance that has been cleaned by filtering or drying:”.

(2)

Section 2 of the principal Act is hereby further amended by inserting, after the definition of the term “industry group”, the following definition:

“‘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:”.

(3)

Section 2 of the principal Act is hereby further amended by inserting, after the definition of the term “prescribed”, the following definitions:

“‘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:”.

3 Restrictions on other imports of bulk controlled substances

The principal Act is hereby amended by repealing section 6, and substituting the following section:

“6

(1)

No person shall, after the operative date, import any bulk controlled substance, unless—

“(a)

The importation is in accordance with an import permit issued under this Part of this Act; or

“(b)

The importation is of any bulk recycled substance and is in accordance with section 17AA of this Act.

“(2)

Nothing in this section shall permit the importation of any substance which is prohibited by section 5 of this Act.”

4 New heading and section inserted

The principal Act is hereby amended by inserting, after section 17, the following heading and section:

“Alternative Procedure for Importation of Bulk Recycled Substances

“17AA Procedure for importation of bulk recycled substances

(1)

Any person may import any bulk recycled substance without an import permit if—

“(a)

On importation, the person provides such of the following documents as may be required by an officer:

“(i)

A document from the person or company that recovered, cleaned, or reclaimed the substance stating that the substance is a bulk recycled substance; and

“(ii)

A statutory declaration signed by the person importing the substance declaring that the substance is a bulk recycled substance; and

“(iii)

A copy of the notification to be sent to the Minister in accordance with subsection (2) of this section; and

“(iv)

Such other documentation as an officer may reasonably require in order to ascertain that the substance is a bulk recycled substance; and

“(b)

The officer is satisfied that the substance is a bulk recycled substance.

“(2)

Every person who imports any bulk recycled substance shall, within 10 working days, notify the Minister, in writing, of the substance imported and the date and amount of the import.”

5 Notification of export of bulk recycled substances

The principal Act is hereby amended by inserting, after section 17B (as inserted by section 4 of the Ozone Layer Protection Amendment Act 1993), the following section:

“17C

Every person who exports any bulk recycled substance shall, within 10 working days, notify the Minister, in writing, of the substance exported and the date and amount of the export.”

6 Prohibition of other imports by Order in Council

The principal Act is hereby amended by repealing sections 19 and 20 (as amended by sections 5 and 6 of the Ozone Layer Protection Amendment Act 1993), and substituting the following section:

“20

(1)

The Governor-General may, from time to time, by Order in Council, make regulations prohibiting the importation—

“(a)

Of any specified goods, or any class of goods, containing or designed to use or manufactured using any controlled substance; or

“(b)

Of any such goods that originate in or are imported from any country that is neither—

“(i)

A party to the Montreal Protocol; nor

“(ii)

A country that has been determined, in accordance with the Montreal Protocol, to be a country that is in full compliance with Article 2, Articles 2A to 2E, and Article 4 of that Protocol.

“(2)

No order shall be made under this section otherwise than on the advice of the Minister for the Environment given after consultation by that Minister with such representatives of the importers of goods to be prohibited by the order and other persons as that Minister considers appropriate.

“(3)

Any certificate given by the Minister of Foreign Affairs to the effect that any country is not one to which subsection (1)(b) of this section applies shall be conclusive evidence of that fact.”

7 This Part of Act not to apply to certain personal effects

The principal Act is hereby amended by repealing section 22, and substituting the following section:

“22

Nothing in this Part of this Act shall make it unlawful for any person to import any goods that are personal or household effects in respect of which an officer is satisfied that they are not intended for any other person or for gift, sale, or exchange.”

8 Prohibition of manufacture of other goods by Order in Council

(1)

Section 24(1) of the principal Act is hereby amended by omitting the word “goods”, and substituting the words “specified goods, or class of goods,”.

(2)

Section 24(3) of the principal Act is hereby amended by omitting the words “section 19 or”.

9 Prohibition of other sales by Order in Council

Section 26(1) of the principal Act is hereby amended by omitting the word “goods”, and substituting the words “specified goods, or class of goods,”.

10 Matters in respect of which exemptions may not be granted

Section 28(1) of the principal Act is hereby amended by repealing paragraph (a) (as amended by section 8 of the Ozone Layer Protection Amendment Act 1993), and substituting the following paragraph:

“(a)

The importation of any bulk controlled substances other than—

“(i)

Any bulk controlled substances that are not specified in Group II of Annex A of the Montreal Protocol, that are to be used only in the manufacture or servicing of aerosols that are necessary for human health or safety; or

“(ii)

Any bulk controlled substances specified in Group II of Annex A of the Montreal Protocol that are to be used only for a use determined by the Parties to the Montreal Protocol to be an essential use; or

“(iii)

Any bulk recycled substances, or any bulk controlled substances that are not specified in Group II of Annex A of the Montreal Protocol, that are to be used only in the manufacture of fire extinguishers that are necessary for human health or safety; or

“(iv)

Any bulk recycled substances, or any bulk controlled substances that are not specified in Group II of Annex A of the Montreal Protocol, that are to be used only in the servicing of fire extinguishers in circumstances where the substance cannot be obtained from supplies in New Zealand and where the servicing is required either because the fire extinguisher was used in a fire or as a result of a loss of halon that was outside the control of the applicant; or

“(v)

Any bulk recycled Halon 1301 that is to be used only for refrigeration purposes and only in circumstances where the use of Halon 1301 for refrigeration purposes is necessary for human health or safety and Halon 1301 cannot be obtained from supplies in New Zealand:”.

11 Codes of practice

Section 33(2) of the principal Act is hereby amended by repealing paragraph (a), and substituting the following paragraphs:

“(a)

Shall require that the code of practice incorporate appropriate training programmes for persons in the business; and

“(aa)

Shall prescribe any other matters to be incorporated in the code of practice, and any matters incidental thereto; and”.

12 Offences

(1)

Section 34(1)(d) of the principal Act (as amended by section 13(3) of the Ozone Layer Protection Amendment Act 1993) is hereby amended by adding the following subparagraph:

“(iii)

Importing any bulk recycled substance in contravention of this Act; or”.

(2)

Section 34(1) of the principal Act is hereby further amended by inserting, after paragraph (d), the following paragraph:

“(dd)

Knowingly or without lawful justification or excuse fails to notify the Minister of the importation or exportation of any bulk recycled substance; or”.

13 Penalties

Section 35(3) of the principal Act (as amended by section 14(2) of the Ozone Layer Protection Amendment Act 1993) is hereby amended by inserting, after the word “against”, the words “paragraph (da) or”.

This Act is administered in the Ministry for the Environment.
Act Repealed Latest version as at 11 April 1994 (as enacted)

Ozone Layer Protection Amendment Act 1994

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