Ozone Layer Protection Amendment Act 2011

1: Title
This Act is the Ozone Layer Protection Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 December 2012. Section 2(1) this Act brought into force 1 July 2011 Ozone Layer Protection Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Ozone Layer Protection Act 1996 OIC SR 2011/196 2011-07-01 Ozone Layer Protection Act 1996 Any provision that has not earlier been brought into force comes into force on 1 December 2012. This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates. If brought into force by one or more OICs, please change the amends-note date and add the SR number(s) of the reg(s).
4: Interpretation
1: Section 2(1) approved form section 12A Environmental Protection Authority section 7 of the Environmental Protection Authority Act 2011 Minister register section 12B .
2: The definition of code of practice section 2(1) for the Environment
3: Paragraph (a) of the definition of officer section 2(1) Ministry of Economic Development Environmental Protection Authority
5: Exemptions
Section 8(1) The Minister of Commerce may, at his or her discretion, The Environmental Protection Authority may
6: New section 8A inserted
The following section is inserted after section 8
8A: Application for exemption
An application for an exemption must be made in the approved form.
7: Consideration of application for exemption
Section 9 The Minister of Commerce shall, The Environmental Protection Authority must,
8: New heading and sections 9A to 9D inserted
The following heading and sections are inserted after section 9 Permits
9A: General requirements for permits
1: This section applies if regulations made under section 16 allow the importation or exportation of substances or goods under the authority of a permit granted by the Environmental Protection Authority.
2: Any person may apply to the Environmental Protection Authority for a permit.
3: An application for a permit must be in the approved form.
4: The regulations may specify the process and requirements for applying for a permit.
9B: Refusal of permit to import substance
1: This section and sections 9C and 9D
2: The Environmental Protection Authority may refuse to grant a permit if the Authority considers—
a: after considering the matters set out in section 9C
b: that the person who applied for the permit has been convicted of an offence against this Act or an offence that involves an ozone-depleting substance; or
c: that the information in the application is incorrect.
9C: Consideration of application for permit to import substance
The Environmental Protection Authority must, in considering an application for a permit, have regard to the following matters to the extent that they are relevant:
a: the amount of the substance that is available for allocation:
b: the total amount of the substance for which applications have been received:
c: the importance of the use to which the substance will be put:
d: whether there is a viable alternative to the use of the substance that would be less harmful to the environment.
9D: Conditions on permits to import substance
If the regulations authorise the Environmental Protection Authority to impose conditions on the grant of a permit, the conditions may address the following matters:
a: the use to which the substance will be put in New Zealand:
b: restriction or prohibition on transfer of an entitlement arising from a permit:
c: the provision of information (including photographs) to the Environmental Protection Authority concerning the identification, movement, and location of the substance and compliance with conditions:
d: the insurance requirements relating to the importation of the substance and its presence in New Zealand:
e: control and ownership of the substance:
f: restriction or prohibition on the grant of a security interest in the substance:
g: the labelling, packaging, handling, storage, transport, processing, or disposal of the substance:
h: liability for the substance if it cannot be used for the purpose for which it was imported.
9: Codes of practice
Section 10(1) for the Environment
10: Industry may be required to prepare draft accreditation schemes
Section 12(1) for the Environment
11: New headings and sections 12A to 12D inserted
The following headings and sections are inserted after section 12 Forms
12A: Environmental Protection Authority may approve forms
The Environmental Protection Authority may approve forms for the purposes of this Act. Register
12B: Register
1: The Environmental Protection Authority, on behalf of the Crown, must keep a register called the Ozone Layer Protection Register.
2: The register may be kept in the form of information stored electronically.
3: The Crown owns all information contained in the register.
12C: Information to be included in register
1: The register must record—
a: the details of permits granted under regulations; and
b: the details of exemptions granted under section 8; and
c: any other information required to comply with New Zealand's international obligations and that is prescribed by regulations.
2: In relation to a permit, the register must specify—
a: the name and address of the person to whom the permit was granted; and
b: the substance or goods to which the permit relates; and
c: the amount of the substance or goods that the permit allows to be imported, exported, manufactured, or sold; and
d: the terms and conditions on which the permit was granted; and
e: any other information required by regulations.
3: In relation to an exemption, the register must specify—
a: the name and address of the person to whom the exemption was granted; and
b: the substance or goods to which the exemption relates; and
c: the amount of the substance or goods that the exemption allows to be imported, exported, manufactured, or sold; and
d: the reason for granting the exemption; and
e: the terms and conditions on which the exemption was granted; and
f: any other information required by regulations.
4: The register may record any other information that the Environmental Protection Authority considers appropriate.
12D: Environmental Protection Authority to allow New Zealand Customs Service access to register
The Environmental Protection Authority must allow the New Zealand Customs Service to have access to the register.
12: Regulations
Section 16(1)
a: omitting for the Environment
b: inserting the following paragraph after paragraph (d):
da: prescribing the particulars of permits and exemptions to be shown in the Ozone Layer Protection Register: .
13: Consultation requirements before regulations made
Section 17(1) and (5) for the Environment
14: Additional requirement before regulations made
Section 18 for the Environment shall must
15: Retention of property seized
Section 25(2) Ministry of Economic Development, Environmental Protection Authority
16: Return or forfeiture of property seized
Section 26(3) for the Environment
17: Review of reduction timetables
Section 27 The Minister of Commerce and the Minister for the Environment shall The Minister must
18: Annual report
1: Section 30(1) The Minister of Commerce and the Minister for the Environment shall, The Minister must,
2: Section 30(2) The Minister of Commerce shall The Minister must
19: Transitional provision
Despite this Act and section 54 Ozone Layer Protection Act 1996 Environmental Protection Authority Act 2011