New Condition for Refrigerant Trading Authorisation holders

From discussion with the industry, many businesses are not sure how to handle requests for refrigerant from foreign flagged vessels and/or from those using refrigerants but not using them in the fire protection or RAC industry.

Foreign flagged vessels are boats that are registered (flagged) to a country other than Australia. Under international law, activities on board a foreign flagged vessel in Australian waters are subject to the laws of their flag state, not necessarily those of Australia. The maintenance of RAC equipment on board the vessel is one such activity. Therefore, it is not appropriate for the Department of the Environment and Water Resources (DEW) to apply Australia’s ozone protection legislation to these vessels and their officers. However, it is important that Australian RTA holders have certainty that, when they supply refrigerant to these vessels, that they are acting legally and not endangering their own permits.

Refrigerants have uses outside the RAC and fire protection industry. Such uses include foam blowing, aerosols and as solvents. These uses are not currently regulated by the ozone legislation and people purchasing and handling refrigerants for these uses do not require permits. (Note. A licence is required to import, export or manufacture these substances.) Once again, it is important that RTA holders have some certainty that they are acting legally and not endangering their permits when they supply these substances for unregulated purposes.

The current administrative arrangements are cumbersome. Many purchases are, case-by-case, referred to DEW for approval which imposes an unnecessary burden on business and on the government. The new administrative arrangements are simpler and more efficient. Also, the approved forms set out the checks that an RTA holder should make with the purchaser to ensure that they fall into one of the exempt groups. If those checks have been diligently carried out, DEW does not propose to treat as a peach of a permit condition, a situation where a purchaser declares that they are exempt but, in fact, uses the refrigerants in a regulated industry, provided the RTA holder has no cause to suspect that such use might in fact be contemplated.
The new condition is attached to this letter and will:

Using the approved forms and keeping records

Included with this letter are the two forms that are approved for use by the new condition.
Each transaction covered by the new condition should be recorded on a separate form and you should file the completed forms with your other refrigerant trading records.

If your point of sale system requires an AU number to be entered to complete the sale, the AU number at the top of each form has been established in the ARC’s database for this purpose.

To get more copies of the form, either photocopy the ones contained here or download them from the ARC’s website www.arctick.org. There are electronic versions of the form on the ARC’s website that will allow you to type your organisation’s details into the appropriate place to save time at the point of sale.

For more information
Please contact Chris Young at DEW on (02) 6274 2512 if you require any further information.

 

                                             

                                                  

 

 

 

 

  
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