The Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 restricts the import and manufacture of certain small air conditioning equipment.
Restrictions apply to:
- certain small air conditioning equipment
- multi-head split system air conditioning equipment.
Prohibited small split system air conditioning equipment (single and multi-head)
The prohibition applies to air conditioning equipment:
- with a refrigerant charge of 2.6kg or less (as indicated on the compliance or rating plate)
- designed for cooling and/or heating a stationary space for human comfort
- even if the equipment is imported without refrigerant.
This includes:
- portable air conditioners
- window or wall mounted units
- outdoor units for non-ducted split systems.
The prohibition does not apply to air conditioning equipment that is:
- for mobile applications like caravans and boats
- designed for use in electrical enclosures and computer rooms
- ducted air conditioning.
If you intend to use the equipment in electrical enclosures or computer rooms, you may be eligible to import it with approval.
Check the product’s instruction sheets to see how the equipment should be used.
Application to import prohibited equipment
We may grant you an equipment licence (EQPLs) to import or manufacture prohibited equipment if certain criteria apply (see regulation 3DA). This does not apply to equipment imported under exemptions from licence requirements.
If you hold a current EQPL and need to import prohibited equipment under the essential uses criteria, email ozone@nationalepa.gov.au.
If you do not hold an EQPL but need to import prohibited equipment under the essential uses criteria, email ozone@nationalepa.gov.au.
Licence application fee
- A non-refundable licence application fee of $3000 is payable with the application.
- If we grant you a licence to import prohibited equipment, you may need to meet Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 conditions. For example, you may need to engage an independent auditor at the your own expense.
- Submitting an application does not guarantee approval. We assess each application on its individual merits. You are responsible for providing adequate supporting documentation.
Equipment Licences
You need an EQPL to import:
- equipment containing a synthetic greenhouse gas (hydrofluorocarbon (HFC), perfluorocarbon (PFC), sulfur hexafluoride (SF6), nitrogen trifluoride (NF3)) unless an exemption applies
- equipment contained in other equipment, like a car with an air conditioner.
You will need an EQPL to import equipment containing or designed to use a hydrochlorofluorocarbon (HCFC). HCFC equipment are banned, except for:
- replacement parts for refrigeration and air conditioning equipment containing a HCFC refrigerant (not including a complete or substantially complete indoor or outdoor unit of a split system air conditioner)
- equipment insulated with foam manufactured with HCFC
- equipment that is incidental to the main import, and it is impractical to remove or retrofit (for example, equipment incorporated into a large boat or drilling rig)
- equipment that is essential for medical, veterinary, defence, industrial safety or public safety purposes, and no practical and effective alternative exists
- equipment for use in conjunction with the calibration of scientific, measuring or safety equipment
- equipment for test, monitoring, or laboratory and analytical use where there is no practical and effective alternative to that equipment.
See our Frequently asked questions for more information about equipment.
Bulk gases: This licence does not cover gases in transport or storage containers, like cylinders, called ’bulk’ gases. If you are importing bulk gas, apply for a controlled substance licence.
If you are unsure if you need a licence for bulk gas or equipment, see Do I need an equipment or bulk gas licence?
Bulk gases: This licence does not cover gases in transport or storage containers, such as cylinders, called ’bulk’ gases. If you are importing bulk gas you should apply for a controlled substance licence.
If you are unsure if you need a licence for bulk gas or equipment, please see further information at Do I need an equipment or bulk gas licence?
You must have an EQPL to import equipment that:
- contains or designed to use an HCFC
- contains HFC, PFC, (SF6 or NF3).
You may need an EQPL if the equipment is part of another object. For example, a car with a refrigerator or air conditioner.
It is an offence under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act) to import ozone depleting substance and/or synthetic greenhouse gas equipment without a licence, when required.
In some circumstances, you must have an EQPL to import some types of equipment banned under the Act. Your EQPL will outline when we allow these imports. We used to manage these exemptions through Section 40. These are no longer in operation.
Exemptions
In some circumstances, you may not need an EQPL. For example:
- for equipment designed to use a synthetic greenhouse gas but does not contain the gas, and you have evidence to confirm this
- an exemption from licensing requirements applies, for example:
- low volume import exemptions for equipment containing synthetic greenhouse gases
- personal use exemption.
Check if your import is eligible for an exemption before applying for a licence.
To discuss whether an exemption may apply, contact the Import Operations Team at ozone@dcceew.gov.au before you:
- import the items
- pay for the non-refundable licence application fee.
There is no provision in the Act to refund the licence application fee. This includes if you have lodged a licence application and no longer need it.
For more information about whether an EQPL is needed in your circumstances see:
Lodge your applications as early as possible, before you import the proposed goods.
We aim to assess applications within 2 weeks of receiving completed application form, including:
- all supporting documentation
- payment of the licence application fee.
The statutory timeframes of the Act stipulates that we may take up to 60 days to assess an application. Licence as processing times vary.
Licence application fee
A non-refundable licence application fee of $3,000 is payable with the application, unless we have granted a fee waiver. The licence fee is non-refundable even if you have lodged a licence application but no longer need it. There is no provision in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 to refund the licence application fee.
We may not charge the licence fee if you bring in equipment with 25 kg or less of HCFC, and it’s for:
- testing
- monitoring
- laboratory and analytical
- medical
- veterinary
- defence
- industrial safety
- public safety purposes, where no practical alternative exists.
Contact us for more information at ozone@nationalepa.gov.au.
Expiry date of EQPL
EQPLs expire 2 years from when the licence comes into force, unless you specified a shorter date.
Renewing an EQPL
If you need an EQPL after your is due to expire, you can apply for a licence renewal. We will send you an email with a link to renew your licence. Licence renewals are subject to approval by the Environment Minister or delegate. You must apply to renew your licence at least 14 days before it expires. After that, you must apply for a new licence.
Online application form
Equipment licence (EQPL) application form
Trusts
A trust is not a legal entity – we cannot issue an EQPL or exemption in the name of a trust. If you are applying for an organisation registered as a trust, make the application in the name of the trustee of the trust. (Joe Blogs as Trustee for the ABC Trust or XYZ Pty Ltd as the Trustee for ABC Trust). Send us copy of the Trust Deed.
Contact the Import Operations Team with any questions about applying as a trustee.
When applying for a licence or exemption under the act, you need to provide supporting documentation and detailed information about:
- yourself
- your organisation (if applicable)
- information about the proposed activity (for example, import, export or manufacture of ozone depleting substances).
Summary information about EQPLs
- Apply for this licence type if you will be importing equipment:
- containing or designed to operate on HCFCs
- equipment containing synthetic greenhouse gases.
- An equipment licence is not needed to imports up to 25 kilograms of synthetic greenhouse gas HFCs, PFCs, SF6 or NF3 equipment in a calendar year.
- Low volume imports of HCFC equipment without a licence will not allowed. You can only import is for personal use, HCFC equipment under an equipment licence (EQPL) or for personal use only.
- You do not need an EQPL is not required for air conditioning and refrigeration equipment containing carbon dioxide (R744), hydrocarbons (e.g. butane (R600) or isobutane (R600a)) or ammonia (R717). You need an EQPL for equipment that uses refrigerant refrigerant that uses blend containing HCFCs, HFCs, PFCs, SF6 or NF3.
- An exemption may apply for vehicles or other equipment imported for personal use you have been owned for more than 12 months.
- Further information on exemptions is available at Exemptions - Do I need a licence?
- Importing equipment that may contain refrigerant gas into Australia
You need the following information to complete the application form
- Personal/organisation details – the legally recognised name of the entity applying for the licence. Organisation, names must match the name registered on the Australian Business Register website
- The current Australian Business Number (ABN) (of the organisation)
- Street and postal address
- The name and contact details of the applicant or authorised person of the organisation signing the application form.
- The name and contact details of a contact person responsible for submitting reports.
- The name and contact details of a contact person responsible for handling accounts enquiries.
- The details of the goods you intend to import, including:
- the approximate date for your first shipment's arrival in Australia
- product category
- type of refrigerant or chemical contained in the equipment
- charge size (the amount of refrigerant or chemical contained within each piece of equipment) in grams
- the number of individual units
- the total amount of refrigerant or chemical (in grams).
Required supporting documentation with the application form
- A copy of the certified identification of the person signing the application form, for organisations, the person signing the application form must be the director or someone with the authority to sign on the director(s) behalf. Refer to the list of people able to certify documents in the Statutory Declaration Regulations 2018).
- Documentation confirming membership with an approved Product Stewardship Scheme, currently Refrigerant Reclaim Australia (RRA).
- If a trust, a copy of the deed confirming person signing the application has the authority to sign on behalf of other trustees.
- If a partnership, you must supply a document that shows authority to sign and submit this licence application on behalf of the other partners.
Only licences is allowed to use a licence. No other person or business is allowed to use their licence number.
We collect all fees on behalf of the Australian Government and are not subject to GST.
As an EQPL holder, you must provide reports every 6 months showing the type and quantity of substances imported within that equipment. You must pay import levies based on the type and amount of scheduled substances imported.
The Import/Manufacture Levy is a cost recovery levy. For HCFCs it is $3,000 per ozone depleting potential tonne (equivalent to $165 per metric tonne for the most common HCFC – HCFC22). For synthetic greenhouse gases it is $165 per metric tonne.
Note: If the total of the licence levies payable in a reporting period is less than or equal to $330, we will waive the levy. This amount is specified in the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (the regulations) and may change in the future. Any changes to this threshold will be amended in the regulations and notified on this website.
If you made no imports or exports during a reporting period, you do not need to submit a report.
You may lodge reports at any time before 11:59 pm on the 14th day after the end of each reporting period.
You may pay levy payments at any time before 11:59pm on the 60th day after the end of each reporting period.
| Reporting period | Reports due | Levy payment due by |
|---|---|---|
| 1 January – 30 June | 14 July | 29 August |
| 1 July – 31 December | 14 January | 1 March* |
If the last day of the reporting period falls on a weekend or public holiday, the report is due by 11:59 pm on the next business/working day.
* Note: In a leap year 60 days will be 29 February.
Online reporting form
- Form 1: Report equipment - Report imports of equipment
We cross-check information provided on reports with data provided by the Australian Border Force. Inaccurate reporting and late submissions are offences under the act.
If you have any questions about reporting contact the Import Operations Team at ozone@nationalepa.gov.au.
If you want to change the nominated contact details use our online request to update details of a licence or exemption.
Contact us
General enquiries
ozone@nationalepa.gov.au
Licence and reporting enquiries
ozonereporting@nationalepa.gov.au