Ozone Protection Act 1989 (NSW)

Ozone Protection Act 1989 No 208

An Act to empower the regulation and prohibition of the manufacture, sale, distribution, use, emission, re-cycling, storage and disposal of stratospheric ozone depleting substances and articles which contain those substances; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Ozone Protection Act 1989.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Object of Act The object of this Act is to provide for a system of controls on substances which when released into and dispersed in the atmosphere act as atmospheric pollutants that contribute to depletion of ozone in the stratospheric ozone layer.

4 Definitions (1) In this Act— authorised officer means an authorised officer under the Protection of the Environment Operations Act 1997. Authority means the Environment Protection Authority. controlled article means an article or other thing (including plant and equipment) that— (a) contains a controlled substance, or (b) uses, or is designed or intended to use, a controlled substance in its operation. controlled substance means— (a) any substance specified in Schedule 1 (Ozone depleting substances), or (b) any substance prescribed by the regulations as an ozone depleting substance on the recommendation of the Minister under section 5. premises includes— (a) a structure, building, aircraft, vehicle or vessel, and (b) land or a place (whether enclosed or built on or not). sell means sell by wholesale or retail, and includes barter, supply for profit, offer or expose for sale, receive for sale, have in possession for sale, send, forward or deliver for sale and cause, suffer or allow to be sold, offered or exposed for sale. use includes— (a) operate, and (b) use in the course of manufacture, and (c) have in possession for use. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.