Ozone Layer Protection Regulations 1996

Version as at 12 April 2022

Coat of Arms of New Zealand

Ozone Layer Protection Regulations 1996

(SR 1996/222)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 11th day of August 1996

Present:
His Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry for the Environment.

Pursuant to Part 3 of the Ozone Layer Protection Act 1996, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council and on the recommendation of the Minister for the Environment whose recommendation has been made—

(a)

after consultation by that Minister in accordance with section 17 of that Act; and

(b)

after being satisfied that, after making the regulations, New Zealand will be able to give effect to its obligations under the Convention and the Protocol,—

hereby makes the following regulations.

Contents

1Title and commencement
2Interpretation
2ATransitional, savings, and related provisions
Part 1
Prohibitions on importation
CFCs, halons, carbon tetrachloride, methyl chloroform, HBFCs, and bromochloromethane
3Prohibition on importation of certain bulk controlled substances
4Bulk recycled substances
Methyl bromide
5Conditional prohibition on importation of methyl bromide
6Base year permits for methyl bromide [Revoked]
7Quarantine and pre-shipment permits
HFCs
7AProhibition on importation of bulk HFCs without permit
7BApplication for eligibility to apply for grandparented permit
7CGranting of eligibility to apply for grandparented permit
7DTransfer of eligibility to apply for grandparented permit
7ERevocation of unused eligibility to apply for grandparented permit
7FAdjustment of eligibility to apply for grandparented permit as a result of appeal
7GGrandparented permits to import new bulk HFCs
7HSpecial permits to import new bulk HFCs
7IExporters’ permits to import new bulk HFCs
7JPermits to import recycled HFCs
7KMaximum allocation of new bulk HFCs
HCFCs
[Revoked]
8Conditional prohibition on importation of HCFCs [Revoked]
9Base year permits for HCFCs [Revoked]
9ASpecial permits for HCFCs [Revoked]
9BTotal allocation of HCFCs [Revoked]
10Conversion permits for HCFCs [Revoked]
11Wholesaler permits [Revoked]
Bulk recycled substances
12Conditional prohibition on importation of bulk recycled substances
Provisions relating to permits
13Provisions relating to permits
14Transfer of entitlement
15Temporary transfer of entitlement
16No transfers between substances
17Reduction of entitlement for non-usage
18Re-allocation of entitlement
Goods containing ozone depleting substances
19Prohibition on importation of certain goods containing ozone depleting substances
20Prohibition not to apply to packaging
21Prohibition not to apply to certain personal effects
Part 2
Prohibitions on exportation
22Prohibition on certain exports of bulk controlled substances
23Restriction on other exports of bulk controlled substances
23AProhibition on exportation of methyl bromide
23BProhibition on exportation of HCFC
Part 3
Prohibitions on manufacture
24Prohibition on manufacture of controlled substances and certain goods
Part 4
Prohibitions on sale
25Prohibition on sale of certain goods
26Prohibition not to apply to second-hand goods
27Prohibition not to apply to goods exempted under Part 5
Part 5
Exemptions
28Prohibited substances and goods may be exempted
29Exemptions for imports of bulk controlled substances
30Exemptions for manufacture of bulk controlled substances
31Exemptions for goods
32Exemptions for transhipments
33Application for exemption
34Time at which application may be made
35Grant, renewal, revocation, etc, of exemptions
36Publication of exemptions
Part 6
Miscellaneous provisions
Provisions relating to offences
37Offence to fail to notify importation or exportation of bulk recycled substance
38Circumstances in which court may discharge without conviction
39Forfeiture to Crown
Procedure in respect of decision-making and appeals
40Rights of persons affected by proposed adverse decisions
41Appeals
42Procedure in respect of appeals
43Decision of EPA to continue in force pending appeal, etc
44Appeal to Court of Appeal on question of law
Miscellaneous provisions
45Regulations not to apply to foreign ships and aircraft
46Search warrant
47Protocol
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Controlled substances
Schedule 2
Plastic goods manufactured with chlorofluorocarbons
Schedule 3
Prohibited imports from countries other than parties or complying countries
Schedule 4
Search warrant
Schedule 5
Montreal Protocol on Substances that Deplete the Ozone Layer
Schedule 6
Limits on allocation of new bulk HFCs
Gazette Information
Notes