Fire protection

The Fire Protection permit scheme aims to ensure responsible management of:

• scheduled gases
• ozone-depleting substances (ODS)
• synthetic greenhouse gases (SGG).

This is to minimise their impact on the atmosphere and the climate.

National regulations support the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act). This came into effect on 1 July 2005. These regulations are the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995.

We regulate the use of these gases to ensure:

• safe handling
• national consistency in training
• adherence to set standards.

The regulations also affect those who buy, store or dispose of extinguishing agents.

These regulations do not restrict the use or availability of these gases other than halon. There are no plans to restrict, prohibit or withdraw any of the currently available fire extinguishing agents.

Fire Protection Industry Board

The Fire Protection Association Australia is the Fire Protection Industry Board (the board). The board co-regulates the administration of the industry permit scheme. The board implements the following:

• Delivers a competency-based licensing system. Ensures technicians have the appropriate skills to undertake the installation, maintenance, and decommissioning of fire protection equipment to prevent emissions. The competencies have been developed in accordance with the National Training System.
• Ensures responsible management of extinguishing agents. This means businesses have the appropriate premises to store gases and prevent emissions. The board also ensures employees have the correct licences to handle extinguishing agents.
• Delivers an Education and Engagement program. Assists businesses and technicians to meet licence obligations, by providing customer support, education, and industry engagement. The board works us to reduce:
  • non-compliance
  • emissions of extinguishing agent.

More information is available on the Fire Protection Industry Board website.

Industry Advisory Group

We have established the Fire Protection Permit Scheme Industry Advisory Group. This is to foster collaboration in the development and administration of the permit scheme. The group will provide information and advice on industry issues. Membership includes representatives from:

• A-GAS (National Halon Bank)
• AusIMM
• Delta Fire Australasia
• Fire Prevention Technologies
• Fire Protection Association Australia
• Fire Protection Industry Board
• National Fire Industry Association
• Special Hazards and Marine - Wormald
• Special Hazards Fire
• TAE Aviation
• TAFE Teacher and Workplace

If you have any industry issues for the group to review, please contact fire.protection@nationalepa.gov.au. 

Reports

• Gaseous Fire Suppression Systems in Australia (Stage 1) - 2018

Penalty increases for offences listed under the Ozone Act and Regulations

The value of a penalty unit is prescribed by the Crimes Act 1914 (Cth). The vlaue of penalty unit is $330. Penalty units apply where a person or corporation has committed a Commonwealth offence. This includes offences listed under the Act and Regulations.

Not holding the relevant permit

An appropriate licence is required to import, exports or manufacture scheduled ozone depleting substances (ODS) or synthetic greenhouse gases (SGG). This includes extinguishing agents (either in bulk or pre-charged into equipment). To do so without the appropriate licence (or exemption) is an offence under section 13 of the Act and subject to a fine of up to $198,000.

An extinguishing agent handling licence (EAHL) is required to handle an extinguishing agent that is, or has been, for use in fire protection equipment. Under Regulation 302, it is an offence to do so without a licence or special circumstances exemption. A penalty of up to $3,300 may apply.

Under Regulation 303, it is an offence to acquire, possess or dispose of bulk extinguishing agent without an Extinguishing Agent Trading Authorisation (EATA). (Note Regulation 303 describes some circumstances where an EATA may not be required.) A penalty of up to $3,300 may apply.

A halon permit is required to possess halon that is, or has been, for use in fire protection equipment. Under Regulation 304 it is an offence to do so without a licence. (Note Regulation 304 describes some circumstances where a halon special permit may not be required.) A penalty of up to $3,130 may apply.

Unlawful discharge of scheduled extinguishing agents

It is an offence under section 45B(1) of the Act to act in a way that results in the unlawful discharge of ozone depleting substances (ODS) and synthetic greenhouse gases (SGG). This includes scheduled extinguishing agents. A penalty of up to $132,200 may apply.

Effects of breaches on gaining future permits

Under Regulation 314, an individual or corporation who is convicted of an offence under the Act or Regulations, or who has had a permit or licence cancelled, may be considered unfit to hold a fire protection industry permit or licence. As a result, their permit or licence may be refused on reapplication or, in accordance with Regulation 315, their permit or licence may be cancelled.