Ozone Depleting Substances
Alert dated 29 August 2000
1. New regulations made under the Ozone Depleting Substances Act, 1998 came into force on 28 July 2000.
2. The Act and regulations give effect to Fiji's obligations under international conventions aimed at reducing the emission of greenhouse gases and the consequent destruction of the ozone layer. The legislation regulates the importation, sale, storage and use of ozone depleting substances - mainly chlorofluorocarbons ("CFCs").
3. Until recently, those chemicals were widely used in airconditioners, refrigerators, fire extinguishers and aerosol cans. Although many countries have banned their use, some manufacturers in countries which are not parties to the conventions continue to include CFCs in their products.
4. While much of the legislation directly affects only those who deal directly with CFCs, the following new rules may be of wider interest -
• persons who manufacture, sell or distribute equipment which contains CFCs or other ozone depleting substances must ensure that the equipment is labelled as required by the legislation. This would include air conditioners (including car air conditioners), refrigerators and fire extinguishers.
• all portable halon fire extinguishers and extinguisher systems must be deposited with the Department of the Environment by 1 October 2000.
• aerosol sprays containing any CFC (other than methyl bromide) may no longer be imported or sold.
• all automotive garages that undertake the refilling of automotive air conditioners must employ "handlers" licensed by the Director of the Environment.
• licensed handlers are obliged by law to retro-fit or replace any air conditioning system which contains a CFC or to require vehicle owners to undertake the retrofit or replacement themselves.
5. Our obligations under the international conventions are to be implemented progressively and the current legislation, in our view, represents only the first step towards the elimination of ozone depleting substances from equipment and other products. Stricter measures, including total bans on additional products containing CFCs and other controlled substances, can be expected in the future.
What you should do
6. If you import, deal in or intend to purchase new -
• air conditioners
• air-conditioned vehicles
• refrigerators
• fire extinguishers
• aerosol sprays of any description
• dry-cleaning machinery
• any other equipment of a kind which customarily contains or contained CFCs you should ensure that the product or equipment is "CFC-free" and is appropriately labelled.
7. Owners of portable fire extinguishing equipment should check whether they are halon systems and, if so, make arrangements with the Department of the Environment for their deposit.
8. Dealers in aerosol sprays of all kinds should discontinue the sale of those continuing any CFC, other than methyl bromide.