“approved form means a form approved under section 12A

“Environmental Protection Authority means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

“Minister means the Minister of the Crown who, under authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

“register means the Ozone Layer Protection Register required by section 12B”.

“8A Application for exemption

• An application for an exemption must be made in the approved form.”

“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 apply if regulations made under section 16 allow the importation of substances or goods under the authority of a permit granted by the Environmental Protection Authority.

  “(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, that granting the permit would be inconsistent with the scheme of the regulations; or

  • “(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.”

“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.”

• “(da) prescribing the particulars of permits and exemptions to be shown in the Ozone Layer Protection Register:”.