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Small quantities of ozone depleting substances or synthetic greenhouse gases are required by Australian users for laboratory and analytical uses. Access to these gases is limited by the Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol) and Australian law to help protect the ozone layer and reduce greenhouse gas emissions.
These gases may be available through different avenues, depending on the substance and particular use:
If you are not able to source the substances from an importer or other Australian supplier, you may be able to import the substance yourself in some circumstances. Please contact us for more information.
An essential uses licence is required. An essential uses licence will only be granted for some laboratory and analytical uses, and conditions apply. Viable alternative gases and techniques exist for many ozone depleting substances used for analytical and laboratory uses, and potential applicants are encouraged to consider possible alternative substances or techniques.
HCFCs imported into Australia from 1 January 2020 can now be used for laboratory and analytical purposes that are consistent with the Montreal Protocol.
This change to the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995, made in August 2020, provides for ongoing access to HCFCs to allow essential scientific research and analytical work to continue in Australia.
HCFCs may be imported under a controlled substance licence for HCFCs if import quota is held. This includes for very small amounts, or low concentrations of HCFCs in a gas blend. Potential new importers wanting to import HCFCs would need to negotiate transfer of quota from existing quota holders, as all HCFC quota is allocated.
It is intended to develop legislative amendments to provide for import of HCFCs for laboratory and analytical uses under the essential uses licence. Under the essential uses licence, quota is not required.
From 1 January 2018 Australia commenced a phase down (not phase out) of the import of bulk HFCs. HFCs may only be imported under a controlled substance licence for HFCs if import quota is held. This includes for very small amounts, or low concentrations of HFCs in a gas blend.
To facilitate imports of small volumes of HFC for uses such as equipment testing, monitoring, analytical or laboratory uses, we have a small amount of quota set aside for very small importers who do not have quota.
We may be able to waive licence application fees in some circumstances. Licence fees are not refundable once paid; please contact us before applying.
The import and / or manufacture of equipment containing most ozone depleting substances has been banned for some years. An equipment licence may allow some imports if strict criteria are met, for example if the product is for use in conjunction with the calibration of scientific, measuring or safety equipment. Equipment containing ozone depleting substances has been superseded in many instances by alternatives that do not damage the ozone layer. Frequently asked questions on equipment licences.
Manufacture or import of all HCFC equipment (including for example HCFC aerosols) is banned from 1 January 2020, except in certain specific circumstances when an equipment licence may be granted to allow the activity. Those circumstances are where the equipment is for test, monitoring, laboratory and analytical, medical, veterinary, defence, industrial safety, or public safety purposes, and where no practical alternative exists.
We may be able to waive licence application fees for import in those circumstances and where the import is limited to 25 kg or less of HCFC. Licence fees are not refundable once paid; please contact us before applying.
There are no bans or quota on import of HFC equipment. Importers who import up to 25 kilograms of synthetic greenhouse gas (such as HFC) in equipment in a calendar year do not need an equipment licence. Importers who import over 25 kilograms of synthetic greenhouse gas, including HFC, in equipment in a calendar year need an equipment licence.
Exemptions from licensing and levy requirements apply to some medical equipment and veterinary equipment that contains synthetic greenhouse gases.
Medical devices are devices that meet the definition for registration on the Australian Register of Therapeutic Goods (ARTG). Examples include metered dose inhalers, linear accelerators, electron microscopes, and equipment for eye surgery purposes. Importers of items that are not registered on the ARTG, including veterinary equipment, should seek guidance from us on whether items are exempt.
The Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol) is an international agreement made in 1987 and signed by every United Nations member country. It was designed to stop the production and import of ozone depleting substances and reduce their concentration in the atmosphere to protect the earth's ozone layer. The Montreal Protocol works by setting out a mandatory timetable for the phase out of production of the main ozone depleting substances. More recently, a phase down (not out) of hydrofluorocarbons (HFCs) was added to the Montreal Protocol to reduce climate change. The phase out of ozone depleting substances and the phase down of HFCs apply to bulk imports, not to imports of equipment containing the gas like refrigerators or air conditioners.
There are exceptions to the phase out of ozone depleting substances. For example, the Montreal Protocol exempts substances from the phase out if they are essential for a particular use. Certain laboratory and analytical uses are exempt and conditions apply, such as high purity and restricted cylinder or ampoule size. Other laboratory and analytical uses are not exempt, as there are recognised alternatives to the use of ozone depleting substances.
The Montreal Protocol has an indicative, non-exclusive, list of laboratory and analytical uses permitted, as well as a list of specific laboratory and analytical uses no longer permitted (decisions VII/11, XI/15 and XIX/18).
Decisions XXXI/5 (November 2019) and XXX/8 (November 2018) of the Meeting of the Parties to the Montreal Protocol allow new HCFCs to continue to be used after 1 January 2020 for essential uses including laboratory and analytical uses. Montreal Protocol parties will review allowed laboratory and analytical uses of ozone depleting substances every four years starting in 2023, on the basis of technical advice as to whether the substances are still needed for the approved uses.
Countries may apply to the Montreal Protocol for an essential use of an ozone depleting substance that is not laboratory or analytical use. These requests are decided on a case by case basis.
Email: ozone@nationalepa.gov.au
Phone: +61 1800 920 528