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Reasons for Domestic Compliance (Timea Zentai)
Capacity for Domestic Compliance (Inna Verdiyan)
Pressures for Domestic Compliance (Inna Verdiyan)
State Contribution to Compliance and Effectiveness (Timea Zentai)
Likely Future Developments (Timea Zentai)
Citations (Inna Verdiyan)

Reasons for Domestic Compliance [Top]

      Ozone is a gas, which is part of the earth's upper atmosphere. It plays a vital role in the absorption of UVR. The amount of ozone in the atmosphere varies according to geographic location and season. In the mid 1980s concern over the ozone layer led to the discovery that there had been ozone thinning over Antarctica. This thinning is often referred to as the ozone hole. The thinning varies with the seasons but it is most noticeable during spring when the amount of ozone drops rapidly. The hole's current size is approximately 26 million square kilometers, which is approximately three times the area of Australia, and larger than any previous one over the past 20 years. Ozone damage has not been restricted to Antarctica. The ozone layer over sub-tropical parts of Australia has thinned, which means that levels of harmful ultraviolet radiation reaching the ground are far greater than in the past. Antarctic air with depleted ozone mixes with the rest of the Southern Hemisphere air resulting in lower than normal levels of ozone over the southern half of Australia. This ozone depleted air leads to small increases in the amount of UVB reaching the earth's surface. More than half a century may pass before the hole in the ozone layer is repaired and the first clear signs of repair may not be apparent for 20 years, says CSIRO's Dr Paul Fraser.

Australia is one of the sovereign States that is actively interested in complying with the Montreal Protocol and is also interested in promoting compliance among other sovereign States. Even though Australia was not one of the States who took on a consistent leadership role from the very start in pushing for strong measures to protect the ozone layer. Australia was originally uncommitted, but as negotiations progressed it moved toward favoring stringent regulations. Scientists from around the world have found evidence that there was an ozone hole above Antarctica. Since Australia lies on the Southern Hemisphere, very near Antarctica, it's climate and ecology is also affected by this discovery. If the diameter of this hole continues to expand, Australia will be in a lot of trouble. In 1989, Australian scientists reported that the migration of ozone-poor air from Antarctica had caused seasonal declines in measured ozone concentrations of as much as 10 percent over populated parts of New Zealand and southern Australia. Hence, Australia played a major role in decisions to strengthen the treaty in 1990. In the spring and summer of 1991, for the first time, diminished stratospheric ozone levels were recorded over Australia and other parts of the world. Australia's best interest lies in promoting the quick phase-out of ozone depleting substances in Australia and amongst other nations, because the sooner CFCs are replaced by substitutes, the sooner Australia gets out of immediate danger. Therefore, the treaty itself offers positive incentives for compliance. Australia has the highest incidence of skin cancer in the world, particularly amongst people with fair skin. Research has shown that a 1% loss in stratospheric ozone leads to a 1-2% increase in the radiation, which causes skin damage. This same radiation can reduce the productivity of agricultural crops and the food chain. Most of Australia's major cities lie on the southwestern and southern Coastal areas of the Australian continent, which will be most effected by the ozone depletion. These cities are important population clusters that could be paralyzed with increasing UV radiation.  

          Australia ratified the Montreal Protocol in May 1989, the London Amendment in August 1992 and the Copenhagen Amendment in June 1994. As a developed country, Australia belongs to the Non-Article 5 Countries. Previously, Australia had a company, which manufactured CFCs and HCFCs, but this company announced its intention to close down in September 1995.

          The Montreal Protocol offers positive incentives for compliance. The treaty promises to phase out and stop the production of Ozone Depleting Substances (CFCs). The yearly Meetings of the Parties were set up to provide a chance for signatory states to negotiate on what other substances to phase-out and to tighten already existing phase-out schedules. Also, specific measures were set up to deal with non-compliance (fines). It provides help for both the North and the South nations. Mutual Funds have been set up to help the developing nations comply with the phase-out schedules. The Montreal Protocol is very powerful, it definitely has "bite", because many states have signed the treaty and are forces to comply with it. In order to deal with a global problem, global cooperation and partnership is needed. The State's interest in compliance is explained by socio-economic and demographic variables. Australia is a fairly wealthy nation, with only 18 million inhabitants, whose living standard is very high. Australia's economy is doing great, which allows the government to give a larger part of the budget to the Ministry of the Environment. Also, Australia has a very good capability in providing funds for developing nations through the Multilateral Fund, which was set up by the Montreal Protocol. The Commonwealth provided $21.3 million to the Multilateral Fund of the Montreal Protocol between the years 1994 and 2000. The level of education is also very high in Australia. The general public is very aware of problems the country is facing. A large percentage of the people read newspapers daily. Television programs are very educational and informative, especially about ozone readings and warnings. Australians are informed about the dangers of ozone depletion, and actively lobby for proper measures in stopping the depletion of the ozone layer. Children in Australia are educated to protect the environment from an early age.  Schoolchildren in Australia, now being exposed to historically high and still rising levels of UV-B, are being instructed in changed lifestyles involving mandatory brimmed hats, sunglasses, protective clothing, and blocking creams, while lifeguards on the sun-drenched Pacific beaches are being accoutered like alien beings. Many school children are now participating in the Ozone Monitoring Network of 2001.The unique group of 36 Victorian Secondary Schools was established in 1995. In 2000 we had 15 schools involved and they continue to monitor ozone levels in both the Stratosphere and Troposphere and share results with a global community of schools. This educational activity is sponsored by the Department of Education, Employment and Training (Vic), Drager Australia, BHP and the Chemistry Education Association. Democratic participation also encourages Australia's participation in the ozone regime. The public can force the government to take active steps in order to protect the ozone layer, and phase out CFCs faster.

             Ozone air pollution is a serious world wide health issue. Vistanomics, a leading Australian environmentalist company, is dedicated to encouraging both students and the world community into contributing and developing solutions to ozone air pollution, in addition to many other global health concerns. Vistanomics offers products and educational programs for the environmentally conscious world of today. Our Eco Badge, for example, is a device to measure ozone at home or in the work environment. The Eco Badge is used by the American Lung Association and by many educational programs throughout the United States. This company is one of the environmental corporations that create public awareness about the ozone depletion with their products and advertisements.

              The Commonwealth of Australia has played a key role in the development of the ozone protection regime. Australia was an active participant at the negotiations, which tool place before the Montreal Protocol. At first, because of the fact that Australia produced a substantial amount of CFCS, it sided with the European Community countries, which only wanted a reduction in CFC production, but throughout the negotiation process, Australia changed its opinion and agreed with the United States that a complete phase out was necessary in order to stop the depletion of the ozone layer. Australia ratified both the Vienna Convention and the Montreal Protocol, including all of its amendments except the Beijing Amendment. Domestic implementation of Australia's obligations to the Montreal Protocol has been accomplished by legislation and controls to enact by the different governments in within Australia (Federal, State, Territorial). The Ozone Protection Act in 1989, which controls the manufacture, import and export of ozone depleting substances and authorizes enforcement action when breaches occur, was created by the Australian government soon after the ratification of the Montreal Protocol. The government also developed the Australian Halon Management Strategy (AHMS), which meets the country's international obligations to provide management of its halon stocks and ultimately eliminate their use. Australia is a world leader in the management and phase-out of halon. Australia's National Halon Bank (NHB) is unmatched throughout the world for its halon banking and management. The not-for-profit companies Refrigerant Reclaim is responsible for CFC and halon recovery, recycling and destruction. Australia has been a leader in negotiations for adding new amendments to the Montreal Protocol at the yearly meetings of the parties. Australia has progressively became more active in the ozone depletion regime as the ozone hole was discovered above Antarctica, and as the hole has become wider each year.  

Capacity for Domestic Compliance [Top]

As a signatory to the Vienna Convention for the Protection of the Ozone Layer 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer 1987, Australia has made an international commitment to control the consumption and production of ozone depleting substances. Responsibility for implementing this control is shared between the Commonwealth, State and Territory Governments. The Commonwealth has different constitutional powers to those of the States & Territories. In order to meet the Montreal Protocol targets, the Commonwealth Ozone Protection Section of Environment Australia controls the manufacture, import and export of ozone depleting substances through administration of the Ozone Protection Act 1989.

The objectives of this Act are:

• to institute, for the purpose of giving effect to Australia's obligations under the Convention and the Protocol, a system of controls on the manufacture, import and export of substances that deplete ozone in the atmosphere; and
  

•  to institute, and to provide for the institution of, specific controls on the manufacture, import, export, distribution and use of products that contain such substances or use such substances in their operation; and
  

•  to use the best endeavors to encourage Australian industry to:                                 (1) replace ozone depleting substances; and 
  (2) achieve a faster and greater reduction in the levels of production and use of ozone depleting substances than are provided for in the Convention and the Protocol to the extent that such replacements and achievements are reasonably possible within the limits imposed by the availability of suitable alternate substances, and appropriate technology and devices.

            Under the Ozone Protection Act there are also the Commonwealth Consolidated Acts like the Ozone Protection (License Fees-Manufacture) Act 1995 and the Ozone Protection (License Fees-Imports) Act 1995. The (license fees-manufacture) act says that:

• There is payable to the Commonwealth by a license who holds a controlled substances license, in respect of each quarter during which the license is in force, a fee calculated at the rate fixed by the regulations for HCFCs and methyl bromide manufactured by the licensee during that quarter.

• For the purpose of subsection (1), if a controlled substances license is in force for only part of a particular quarter, the part is taken to be a quarter.

The (license fees-imports) act says that:

• There is payable to the Commonwealth by a license who holds a controlled substances license, in respect of each quarter during which the license is in force, a fee calculated at the rate fixed by the regulations for HCFCs and methyl bromide imported by the licensee during that quarter.

• For the purpose of subsection (1), if a controlled substances license is in force for only part of a particular quarter, the part is taken to be a quarter.

              The States &Territories regulate the supply, sale and use of ozone depleting substances. They also ensure proper training and accreditation of the people who service equipment containing these substance Data collected in the upper atmosphere shows that there has been a general thinning of the ozone layer over Australia, causing a 5-9 % depletion since the 1960s. Other chemicals that damage the ozone layer include methyl bromine (used as a pesticide), halons (used in fire extinguishers), and methyl chloroform (used as a savant in industrial processes). As methyl bromine and halons are broken apart, they release bromine atoms, which are 40 more times destructive to ozone molecules that chlorine atoms. Being a highly populated urban area, Sydney adds heavily to the release of ozone depleting substances. Most car air conditioners use CFCs along with commercial air conditioners or refrigeration equipment. The industrial factories of Sydney release methyl chloroform as a result of production. Australia has the highest incidence of skin cancer in the world. Ozone depletion has further increased the risk that Australians already face from overexposure to UV radiation resulting from their outdoor lifestyle. As one of the countries that signed the Montreal Protocol, Australia continues to be a world leader in the phase out of ozone depleting substances, and is well ahead of the Protocol requirements. Sydney's approach has been based on a highly cooperative partnership between industry, the community, and all levels of government. The manufacture, import and export of CFCs, halon, and methyl chloroform have been controlled in Australia since 1989. Environmentally preferable alternatives are available for almost all applications and are gradually being switched to in Sydney. For environmental reasons, Australia has signed an international agreement – the Montreal Protocol – to stop producing and importing all CFCs. From 1 January 1996, new CFCs are no longer being made in, or imported into, Australia. However, use of CFCs in asthma aerosol inhalers has been defined as ‘essential’ on medical grounds and the pharmaceutical industry has been given until the end of 2005 to phase out CFCs in inhalers. The Australian scientific community is actively involved internationally and domestically in a wide range of programs to reduce uncertainties and improve measures to protect the atmosphere. As the scientific knowledge and understanding of the Australian climate and its variability has grown through systematic monitoring and research, the focus of government policies has shifted from developing survival responses to the management of climatic impacts in a manner consistent with the principles of ecologically sustainable development.

   There is increasing community and government concern at the potential impacts of climate change, which will stem from increased levels of greenhouse gases in our atmosphere as a result of human activities. The first Australian National Greenhouse Gas Inventory published in 1994, showed that Australia's main sources of greenhouse gas emissions include the widespread (and highly dependent) use of fossil fuels as a primary energy source, a large agricultural sector and a significant level of land use change. Scientific research is being undertaken in a wide range of programs in a number of institutions, supported by an enhanced observational program. A number of national and international scientific programs have been undertaken to further investigate and understand Australia's climate and its variability. Australian scientists have played an active role in the various components of the World Climate Research Programme including the World Ocean Circulation Experiment, the Global Energy and Water Cycle Experiment and the Tropical Ocean-Global Atmosphere (TOGA) program. The objective of the TOGA program was to describe, model and predict the variability of the coupled ocean-atmosphere system on seasonal time-scales with a particular focus on understanding of the ENSO phenomenon. There is a wide range of research activities within Australia addressing the uncertainties of climate change. The Commonwealth Government, under the National Greenhouse Research Program, provides funding for a Core Research Program aimed at extending fundamental understanding of climate change. In the implementation of its development cooperation program, Australia places an emphasis on helping developing countries to establish appropriate planning and institutional frameworks, including the strengthening of scientific capacities. Australia has provided funding to the World Meteorological Organization to carry out a Climate Monitoring and Impacts Study in the South Pacific region.

               Under the Montreal Protocol on Substances that Deplete the Ozone Layer, developed countries are committed to an increasing phase-out of MB for non QPS uses, with a total phase-out by 2005. EA released the National Methyl Bromide Strategy: Part I - Horticultural Uses in June 1998 to assist the horticultural industry meet the phase-out target. Since the mid 1990s, the use of MB for horticultural uses in Australia has fallen in advance of the phase-out schedule. However, the use of MB for QPS has increased over this period. Methyl Bromide (MB) is an ozone depleting substance used as a soil fumigant in horticultural industries, as a pest control treatment on dry commodities such as stored grain or dried fruit, and as a quarantine and pre-shipment (QPS) treatment for imports, exports and certain commodities transported interstate. In December 1999, the Meeting of the Parties to the MP requested that the 2003 report of the Technical and Economic Assessment Panel, "evaluate the technical and economic feasibility of alternative treatments and procedures that can replace methyl bromide for quarantine and pre-shipment." There is a pressing need for Australia to develop a strategic approach to the use of methyl bromide for QPS applications that will meet environmental objectives in a manner that has minimal impact on industry and government. Development of accepted quarantine strategies is a protracted process, involving difficult bilateral negotiations and substantial research and proving trials. The phase-out timetable being proposed by some Parties to the MP leaves little or no time for such procedures. Development of this strategy will ensure that they understand the issues and have demonstrated responsible international leadership in developing domestic policy on the use of MB for QPS purposes.

  This will place Environment Australia in a position to effectively negotiate for international controls that have as small an impact as necessary on Australian industry. Environment Australia released an issues paper for comment in January 2001. Interested parties, particularly industries using MB were invited to participate in the consultative process by providing comment to the issues paper on QPS uses. The paper was prepared by an independent consultant, it did not imply a Commonwealth government policy position in relation to the management of methyl bromide, rather it presented the opportunity for interested parties to bring forward ideas that may be considered in progressing Australia's policy in this area. The Environment Quality Division (EQD) is one of the 9 divisions making up Environment Australia. The Environment Quality Division deals with the interaction between industry/business and the environment, aiming to minimize the impact of human/industrial activity on the environment. EQD has three branches covering sustainable industries, atmosphere and sustainable transport and chemicals and the environment. The Atmosphere and Sustainable

Transport Branch is responsible for the management and delivery of policies and programs related to atmospheric protection and sustainable transport including the protection of the ozone layer. The Ozone Protection Section fulfils Australia’s international obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer. The section administers and enforces the Ozone Protection Act 1989 and matching regulations and has developed national phase out strategies including the Ozone Protection Strategy and Halon Management Strategy, for ozone depleting substances such as halons, methyl bromide, hydrochlorofluorocarbons (HCFCs), chlorofluorocarbons (CFCs).

        At the national level, the Commonwealth EPA is responsible for the Commonwealth Ozone Protection Program. The Montreal Protocol on Substances that Deplete the Ozone Layer has been amended twice, in London in 1990 and in Copenhagen in 1992. The original 1987 Montreal protocol set limits on controlled substances but did not require their total elimination by any specific date. The first review of the protocol in London in June 1990 established tighter controls on CFCs and halons, and also added to the list of controlled substances methyl chloroform, carbon tetrachloride and CFCs 13, 111, 112 and 211 to 217. The second review of the protocol in Copenhagen in 1992 brought forward the agreed phase-out date of all CFCs from 2000 to 1996 and added hydrochlorofluorocarbons (HCFCs), methyl bromide and hydrobromofluorocarbons (HBFCs) to the list of controlled substances. The changes followed reports from the Scientific Assessment Panel and the Technology and Economic Assessment Panel, which operates under the auspices of the United Nations Environment Program (UNEP) to advise the Montreal Protocol. Australia has committed itself to meet or exceed the requirements of the Montreal Protocol on Substances that Deplete the Ozone Layer. In particular, Australia phased out its consumption of CFCs, methyl chloroform and carbon tetrachloride by 31 December 1995 in accordance with the Copenhagen amendments of the protocol. The success of the Australian program has been founded on broad-based government and industry cooperation as expounded in the 1994 Revised Strategy for Ozone Protection in Australia.

                  Australia maintained a high profile in international ozone protection activities in 1994-95. Within Australia, the development and implementation of national policies and programs for the phase-out of ozone depleting substances continued. The complexity of issues increased with the approach of final phase-out dates for CFCs, the most common ozone depleting substances and with preparations for new substances to become subject to internationally agreed phase-out measures, including: revised timetables for the elimination of CFCs, halons, carbon tetrachloride and methyl chloroform in developing countries; and controls on HCFC and methyl bromide consumption and production in developed and developing countries.

  Pressures for Domestic Compliance [Top]

 The Commonwealth of Australia is a federation of six self-governing States and two self-governing mainland Territories. The Federal Government’s powers and responsibilities are defined in the Australian Constitution and the State and Territory Governments are responsible for all other matters. State and Territory Governments also have established systems of Local Government and there are approximately 750 local Councils throughout Australia. Environmental powers are not specifically dealt with in the Australian Constitution and are not the sole province of any one sphere of government. There is recognition that environment and sustainable development issues need to be addressed on a local, regional, national and international scale. This is reflected in the development of national strategies and agreements, which provide the main domestic basis for the implementation of UNCED outcomes.

                A cooperative approach with strong leadership at the national level on environmental issues has provided the cornerstone to Australia’s policy development and program delivery since 1992. This cooperative approach by all spheres of government extends to non-government organizations and community groups. The 1992 InterGovernmental Agreement on the Environment (IGAE) is an agreement between all spheres of government concerning their roles and responsibilities in decision making processes and sets out mechanisms for resolving national issues. The IGAE provides a framework for a cooperative approach to environmental decision making, policy development and program implementation. The IGAE recognizes the need for effective integration of environmental and economic considerations and is based on the acceptance of ESD principles by al spheres of government. In order to oversee the development of national strategies and policy issues concerning the environment and ecologically sustainable development there is a range of mechanisms which provide and administrative and Ministerial framework for advice and input. At a political level there is a range of relevant Ministerial Councils including the Australian and New Zealand Environment and Conservation Council, the National Environment Protection Council, the National Environment Protection Council, and the Agriculture and Resource Management Council of Australia and New Zealand. At the administrative level, the InterGovernmental Committee for ESD provides the forum for progressing key national issues pertaining to the implementation of the National Strategy for ESD and the National Greenhouse Response Strategy.

Australia has a divers and often unique environment and Australian are among the most environmentally aware people in the word. Coupled with this Australia has in place a mature range of policies and institutional mechanisms to ensure future progress towards ecologically sustainable development. Some aspects of the Australian environment are in good condition and in a number of areas out approach to natural resource management has received international recognition. However, Australia faces a number of environmental challenges like ozone depletion which need to be addressed they are to attain the goal of ecologically sustainable development. An international organization that operates in Australia and dedicates it’s time to come up with solutions for a better environment is Greenpeace. Greenpeace is an independent organization campaigning to ensure a just, peaceful, sustainable environment for future generations. It began in Canada in 1971 and today has a presence in more than 40 countries with 2.4 million supporters worldwide. Greenpeace Australia was founded in 1977 and today they have more than 75, 000 supporters. Greenpeace Australia is dedicated to campaigns in six areas of environmental concern:   

1)Green Olympics
2)Ocean ecology
3) Climate change
4)Nuclear threat
5)Toxic pollution
6)Forest pollution

Their campaign objectives are:

•  Prevent dangerous climate change by phasing out fossil fuels (oil, coal, gas) and replacing them with clean renewable energy such as solar.

• Use the 2000 Olympics Games to showcase and implement solutions to global environmental problems, including alternatives to toxic material and renewable energy.

• Protect oceans form over-fishing and establish a global whale sanctuary, protect the world’s remaining old growth forests.

• Eliminate sources of dioxin and other persistent organic pollutants (POPs) including PVC, and ensure legislation to prevent toxic waste dumping

• Protect future generations from the effects of nuclear contamination by ending the nuclear fuel cycle, stopping radioactive discharges and plutonium shipments.

Thanks to Greenpeace the Coca-Cola industry, which is one of the major CFC using industry has adopted a new refrigeration policy to reduce its impact on global climate change before the world’s first Green Games. Coca-Cola announced that it would phase out potent greenhouse gas hydrofluorocarbons (HFCs) in refrigeration by the Athens Olympic Games in 2004. It will expand its research into refrigeration alternatives and insist that suppliers announce specific time schedules to use only HFC-free refrigeration in all new old drink equipment by 2004.

                Australia is a signatory to the Montreal Protocol on Substances that Deplete the Ozone Layer. The Protocol is an international treaty that sets out a mandatory timetable for the phasing out of ozone depleting substances, including halon, and urges Parties to act to minimize damage to the ozone layer. The Australian Halon Management Strategy (AHMS) meets our international obligations under the Protocol to provide a framework for the responsible management of Australia’s halon stocks to 2030 and the ultimate elimination of their use. Development of the AHMS has been based on extensive consultation with industry, the community and Commonwealth, State and Territory Governments. It represents a commitment from all of these sectors to the total phase-out of halon use in Australia. Halons are fire-fighting agents that were introduced into Australia in the early 1970s. They quickly replaced many previously accepted fire-fighting products because of their superior fire-fighting characteristics and ease of use. The ozone layer occurs in the upper atmosphere (the stratosphere) 15-30 km above the surface of the earth, and protects life on earth by absorbing ultra-violet (UV) radiation from the sun. UV radiation is linked to skin cancer, genetic damage and reduced productivity in agricultural crops and the food chain.

              Halons are fully halogenated chemicals that have relatively long lifetimes in the atmosphere. They are broken down in the stratosphere releasing reactive bromine that is extremely damaging to ozone. Reactions involving bromine are estimated to be responsible for 25 per cent of the chemical destruction of ozone over Antarctica and 50 per cent over the Arctic. The ozone depleting potential of halons is up to 10 times greater than that of chloroflurocarbons (CFCs). As such, halons are a very aggressive ozone depleting chemical. One kilogram of halon 1211 can destroy 50 tonnes of ozone. A wide variety of alternatives are now available for the majority of traditional halon uses, although individually, none of the current alternatives covers the broad spectrum of applications that halon did. Halon alternatives include halocarbon gases, inert gases and water mist systems. There is increasing industry awareness a more sophisticated approach to fire protection engineering techniques for the given situation is required to provide the most effective fire protection.

                Under the Protocol the production and consumption of halons were banned in developed countries from 1 January 1994 except for essential uses. Developing countries are due to phase out import and manufacture of halons in 2010. The manufacture, import and export of CFCs, halon, methyl chloroform and carbon tetrachloride has been controlled in Australia since 1989. These activities were banned for halon from 31 December 1992, one year ahead of the Montreal Protocol requirements. For the other chemicals, these activities have been banned since 1 January 1996, except for a small range of essential uses. The Montreal Protocol allows for the very limited production or import of ozone depleting substances for specified essential uses until alternatives have been developed and fully tested. The only essential uses currently approved are medical aerosols (such as asthma puffers) and some laboratory tests. In accordance with the requirements of the Montreal Protocol, controls on methyl bromide and HCFCs were introduced on 1 January 1996. A license is now required for the manufacture, import or export of these substances.

Methyl bromide is a broad spectrum fumigant used to control pests and diseases in horticultural soils, stored grains, quarantine and pre-shipment applications, and for building fumigation. Methyl bromide is currently scheduled to be phased out by developed countries by 2005. HCFCs are ozone depleting but have a much lower ozone depletion potential than CFCs, and are considered a transitional chemical to aid the CFC phase out. They are commonly used as refrigerants, solvents and blowing agents for plastic foam manufacture, and are scheduled to be phased out by 2020. The Halon Technical Options Committee (HTOC) of the Protocol also advised Parties to support the development of halon banks to store existing stocks and to ensure:

• halons are only directed to essential uses;

• comprehensive monitoring and tracking of existing halon stocks;

•  responsible trade across international boundaries for essential uses; and

•   environmentally sound disposition of excess stock when alternatives become available.

Australia continues to be a world leader in the responsible management and phase-out of halon, in many cases well ahead of the Protocol’s recommendations. Australia stopped importing halons at the end of 1992 for all but essential uses. This has effectively reduced Australia’s consumption (as defined in the Protocol) to zero, one year ahead of the Protocol’s phase out date. New halon is no longer available in Australia.    

  Under State and Territory legislation, the continued use of halon in non-essential equipment was banned in most jurisdictions from December 1995. Australia’s success with halon phase-out meant that stocks of halon were rapidly accumulating within government, business and the community from decommissioned halon fire fighting systems and portable equipment. In 1993, the Commonwealth Government established the National Halon Bank (NHB) to store decommissioned halon for recycling for essential use purposes and to organize destruction of excess halon. The Prime Minister’s 1992 Environment Statement announced that NHB halon could then be supplied for "essential uses in Australia and overseas and to help meet the needs of developing countries."  Ownership and accountability for the NHB was transferred from the Commonwealth Department of Finance and Administration to Environment Australia on 1 July 1999. The development and operation of the NHB has ensured the safe recovery, storage and destruction of halon in Australia. In specific cases, it has been recognized that there are no suitable replacement agents for halon. This has lead to the establishment of ‘essential use’ criteria based on international guidelines. Essential use criteria for halons are generally limited to situations involving possible loss of life or situations that are of national importance and where there are no alternatives to the use of halons.

  The criteria for essential use is regularly assessed by the National Halon Essential Uses Panel (NHEUP). The Panel consists of a representative from the Insurance Council of Australia, the Fire Protection Industry Association of Australia, the Australian Conservation Foundation and the Plumbers and Gas-Fitters Employees’ Union. Its secretariat is provided by Environment Australia. The Panel makes recommendations and sets interpretive precedents for the Commonwealth and all States and Territories in order to eliminate unnecessary halon use and minimize the damage of halon on the ozone layer. The AHMS outlines Australia’s commitment to manage responsibly Australia’s surplus halon stocks, ensuring supplies of recycled halons continue to be available for essential uses. The AHMS also maps out the important role Australia can play in providing a range of halon management services to countries in the Asia-Pacific region in order to minimize global ozone depletion.

               Critical to the success of the AHMS will be the ongoing operation and development of the NHB as a regional environmental facility for best practice in the management of ozone depleting substances. The NHB is a state of the art facility that is currently unmatched throughout the world for the completeness of its halon banking and management services. Environment Australia will develop the NHB as an Asia-Pacific regional environmental facility to assist Australia and other countries to phase-out their surplus halon stocks while ensuring stocks are maintained to meet their own essential needs. The Ozone Protection Reserve was established by the 1995 amendments to the Commonwealth's Ozone Protection Act 1989 (the Act) to hold the revenue raised from license fees and quarterly activity fees for the import and export of ozone depleting substances including hydrochlorofluorocarbons (HCFCs) and methyl bromide. The Act provides that revenue raised is to be used for funding phase-out and public awareness programs for HCFCs and methyl bromide (including the promotion of alternatives), and for administration of the licensing and quota system established by the Act. An industry advisory body, the Ozone Reserve Advisory Committee (ORAC), has been established to provide advice to the Minister for the Environment and Heritage on disbursement of revenue from the fund for phase-out and public awareness programs. ORAC is now calling for project proposals by July 31, 2001.

  With all the campaigns that take place in Australia there is a National Asthma Campaign – that focuses on removing CFCs from asthma aerosol inhalers. For environmental reasons, Australia has signed an international agreement – the Montreal Protocol – to stop producing and importing all CFCs. From 1 January 1996, new CFCs are no longer being made in, or imported into, Australia. However, use of CFCs in asthma aerosol inhalers has been defined as ‘essential’ on medical grounds and the pharmaceutical industry has been given until the end of 2005 to phase out CFCs in inhalers. Asthma medication is not  destroying the ozone layer because the amount of CFCs released from all medications is minimal. Historically, asthma aerosol inhalers have released less than 1% of the estimated half a million tonnes of CFCs released by all industries in Australia since the inception of asthma aerosol inhalers in the 1960s. Some asthma aerosol inhalers will be CFC-free before others but it takes time to develop  alternatives and ensure they are safe and reliable. The CFC-free inhalers will be phased in product by product and the preventer will become CFC-free some time after relievers. On February 1, 1999, the first CFC-free inhalers will be available in Australia – Ventolin, Airomir (formerly Respolin) and Asmol. These are just the few basic campaigns that Australian Commonwealth as well as it’s people have undertaken in order to free the environment from CFCs. 

  The Federal Government recognizes the need to provide a secure funding base for initiatives addressing Australia's environmental and ecologically sustainable development challenges. Recognizing the importance of the health of the environment to economic, social and conservation objectives, the Federal Government has set aside more than A$1.62 billion for environmental conservation and management in a budget tabled in the House of Commons last night. The budget posts a cash surplus of A$1.5 billion and will cut taxes next year by over $5 billion. The 2001-2002 budget presented by the Coalition government of Prime Minister John Howard includes the largest environmental funding commitment in Australia's history. It boosts government environmental spending by A$95.6 million over last year, but environmentalists and opposition politicians say much more is needed to deal with Australia's environmental problems. The government has just under A$218 million set aside to deal with climate change issues. Of that A$21.7 million will be spent over four years for international policy and reporting on climate change as well as greenhouse sinks initiatives channeled through the Australian Greenhouse Office. The budget also provides A$24.2 million over four years for the development of domestic greenhouse policy.

     Also, the Natural Heritage Trust of 1.25 billion is to be largely funded by the partial sale of a publicly owned telecommunications utility. Like Many governments, the Australian Government is under fiscal pressure, and in examining alternatives to taxation or borrowing, has decided that the short term financial gains derived from the sale of public asset should be used to establish a long term investment in Australia's environment for current and future generations. The Natural Heritage Trust is based on the protection, conservation and sustainable use of Australia's natural resource base through constructive and cooperative partnerships between governments, communities and the private sector. The establishment of the Trust also marks a new era of innovative and secure environmental funding, reorientation of environmental financing towards areas of genuine national importance, and better integration of conservation and natural resource management programs to rehabilitate and ensure the protection of the natural environment. 

State Contribution to Compliance and Effectiveness [Top]

Australia, although not playing an important role in the history of the treaty regime, became extremely interested in the Montreal Protocol a couple months after the protocol have been already signed. Australia has been promoting tighter phase-out schedules for CFCs because of its close proximity to the Antarctic ozone hole. Australia has used “unusual means” to accomplish its goals in the Ozone depletion treaty regime. One of these “unusual means” happened at the Second Meeting of the Parties in London. It was the formal participation in the meeting of parties by a delegation of Australian youth, symbolizing the fact that the next generation would experience the consequences of ozone layer depletion to a much greater than any of the negotiators. Addressing the assembled ministers, a 17-year-old girl received a standing ovation when she pleaded for a strong treaty and declared that “our fate lies within your square brackets.” Australia has complied with the basic standards set out by the Vienna Convention and the Montreal Protocol, and actually exceeds those standards. The Australian government also makes large donations to the multilateral fund, as well as scientific contributions. National regulatory and technology policies now concentrate on promoting the process, and minimizing the costs, of both the rapid transition out of CFCs and the now preordained development of the coming generation of alternatives to HCFCs.

               Australia and other developed countries have completely phased out production of CFCs and halons. Under the Montreal Protocol, designed to protect the ozone layer, developing countries have until the year 2010 before they must completely phase out halon production. Australia’s approach has been based on a highly co-operative partnership between industry, the community, and all levels of government. The approach is set out in the Ozone Protection Strategy agreed in July 1989, and revised in April 1994. The Commonwealth Ozone Protection Act 1989 controls the import, export and manufacture of ozone-depleting substances and certain products containing them. State and Territory legislation controls the sale, purchase and use of most of these substances. This legislation requires that people who purchase or use ozone-depleting substances are accredited to ensure that they have the training needed for handling the chemicals so as to avoid emissions to the atmosphere. To support this, industry has developed Codes of Good Practice on installing and servicing equipment containing ozone-depleting substances. An Ozone Protection Trust Fund has been established under the Act, and is financed by license fees and a levy on the import of hydrochlorofluorocarbons (HCFCs) and methyl bromide. The Trust Fund contributes to the cost of phase-out programs, public education and industry awareness activities, and license administration and enforcement costs.

Partly due to constitutional constraints, Australia originally decided on phase-out schedules for each Ozone Depleting Substance strictly in accordance with the Montreal Protocol phase-out schedules. Import licenses and quotas are approved by the Federal Environment Protection Agency. The total quantities to be approved for import are decided and announced in the gazette year by year. In 1992, the government banned halons, one year ahead of schedule. Since 1992, the Federal Government can reduce the ODS consumption more than required by the Montreal Protocol; for example, no import quota were given for halons for 1993 and beyond. Differences in potential reductions by sector of application will only indirectly affect the amounts approved for each group of ODS.  However, the restrictions on ODS import are supplemented by end-use controls by the states. As in New-Zealand, import permits are strictly related the companies’ imports during the base year and free transfer of import permits between companies is allowed. Under its post-1995 system, primarily designed for HCFCs, a greater degree of industry self-regulation was established. An import license and reporting would still be required, but no individual import quota is issued unless the total imported quantities go beyond a certain pre-determined threshold.

                To meet the Montreal Protocol targets, EA controls the manufacture, import and export of ozone depleting substances by issuing licenses for these activities, and undertaking enforcement action when breaches occur. State and Territory Environment Protection Agencies and environment departments are responsible for controlling the sale and use of ozone depleting substances. They also ensure proper training and accreditation of the people who service equipment containing these substances.

The Howard Government established Australia's first Natural Heritage Trust of A$1.5 billion in 1997. Peter Costello, the treasurer of the Commonwealth of Australia  announced that a new A$1 billion allotment in the budget would extend the Trust by five years to 2006-2007. Administered jointly by the Minister for the Environment and the Minister for Agriculture, Fisheries and Forestry, the Natural Heritage Trust funds environmental projects on the community, state and national levels that improve and integrate biodiversity, land, water and vegetation management on public and private lands.

There are a number of eminent research bodies, including the CSIRO, the Bureau of Meteorology Research Center, the Australian Institute of Marine Science and the National Tidal Facility, who are working cooperatively on research related to climate change and ozone layer depletion. The Government is funding aid projects that abate emissions of greenhouse gases and production and use of ozone depleting substances. These agencies also facilitate adaptation to climate change and ozone depletion as part of assisting developing countries to reduce poverty.

                The Minister for Science and Technology, Peter McGauran, in 1996 paid a tribute to Australia's major contribution to monitoring and understanding the global atmosphere through the operation of the Cape Grim Baseline Air Pollution Station in north-western Tasmania. This research station has been providing important information on ozone depletion since 1970.

               CSIRO is an organization providing research on ozone depletion and global warming. The CSIRO Research Program seeks to discover why the chemistry of the atmosphere is changing, how it will change in the future and how our climate is influenced by these changes. The enhanced greenhouse effect and ozone depletion are key areas of interest. In 1998, CSIRO scientists have discovered a new ozone-destroying chemical in the atmosphere (Halon-1202) as positive signs emerge that damage to the ozone layer should decline in the next decade. Now, a new problem emerges: most of the ozone-benign gases now used in refrigeration have an unwelcome side effect, says Dr Paul Fraser of the CSIRO Division of Atmospheric Research, because they are greenhouse gases contributing to global warming. 

Australia makes a huge contribution to the ozone regime by financial support, negotiating for tighter phase-out schedules, research, data sharing with other nations, and just by showing a good example to other nations on CFC bans. Australia gives above average aid when it comes to technology transfers and scientific aid. Also, it helps out developing nations who need a lot of encouragement and financial support so they will be able to continue their sustainable development. When measured against other states, Australia’s contribution is above average, because since the signing of the Montreal Protocol, it has showed continuous interest towards this treaty regime. It still continues to work very hard at pushing other nations along to complete phase-out of CFCs and other Ozone Depleting Substances. It is generally accepted that the Montreal Protocol is one of the most successful regimes in the world today. So far 177 nations ratified the Vienna Convention and 176 nations ratified the Montreal Protocol. The reason this regime is so successful is because so many nations are involved. Australia donates a lot of time and money to this regime. Without the contribution of Australia, this treaty regime would still be somewhat effective, but without Australia, probably the tight phase out schedules recommended by Australia would not have been accomplished. Although one country’s compliance contributes to the whole, global solution of this problem, only one state cannot make or break the Montreal Protocol.   Of course, if no states would participate in the treaty regime, this Protocol would not be possible at all. There needs to be at least two signatory states to a treaty. Several factors explain why all nations do not contribute equal amounts of money and time to this treaty regime. One factor is money. Every nation cannot give as much as very rich states, because it is not economically feasible for them to. Size is another factor that plays a role in contribution. In comparison, countries like Hungary, with a population of 10 million cannot give and do as much as the United States whose population is over 260 million. Less developed countries do not have either the money, the technology or the expertise to give a lot to this treaty regime. Sustainable development and issues between the North and the South have been in dispute since the emergence of this problem. These differences are likely to persists, for there always be rich and poor states

Likely Future Developments [Top]

 The Australian government has set aside more than A$1.62 billion for environmental conservation and management in a budget tabled in the House of Commons on May 23 2000. This means that the Australian Budget extends Natural Heritage Trust by A$1 Billion for 2001-2002. The budget posts a cash surplus of A$1.5 billion and will cut taxes next year by over $5 billion. The 2001-2002 budget presented by the Coalition government of Prime Minister John Howard includes the largest environmental funding commitment in Australia's history. It boosts government environmental spending by A$95.6 million over last year, but environmentalists and opposition politicians say much more is needed to deal with Australia's environmental problems.

             The Government has taken decisive measures in recent years to protect the atmosphere, and will continue working to improve the quality of air in urban areas and to ensure the recovery of the ozone layer. Australia continues to lead the world in phasing out and managing ozone depleting substances. The Government supervises the orderly phase-out of these substances in accordance with Australia's commitments under the Montreal Protocol on Substances that Deplete the Ozone Layer. For example, the National Halon Bank collects and safely disposes of surplus halon, formerly widely used in fire extinguishers, while maintaining a reserve of halon until the year 2030 for essential uses. The Government also maintains a solar ultraviolet (UV) radiation monitoring network covering major population centers. The network has been designed to assess the impact of the depletion of the ozone layer on UV radiation levels and the consequences for human health. Since the depletion of the ozone layer goes hand in hand with the greenhouse effect, the Government has allocated almost $1 billion to the reduction of greenhouse gas emissions, most of it from the Measures for a Better Environment package established under A New Tax System. Cost-effective greenhouse gas abatement measures are being pursued to ensure that Australian industry remains competitive while still enabling Australia to meet international greenhouse commitments. A national public information campaign has been mounted to encourage all Australians to help reduce emissions. Australia is planning on being a leader in the issues of Ozone Depletion and Greenhouse-gas Emissions.

              But the opposition is not so optimistic about the new Budget. The opposition environment leader, Senator Bolkus, said that the new budget actually represents a cut in spending for Trust projects. Environmental spending under the Howard Government has been characterized by spending cuts, deceptive accounting and broken promises, and this budget is no different," Senator Bolkus alleged. "The Howard Government promised $1.5 billion spending over six years from the Natural Heritage Trust. It has broken that promise and cut $130 million from the existing commitment by rolling it over to the next phase of the program," he said. To continue protection of the Antarctic environment, the government will spend $100.7 million in 2001-02 for ice, air and marine studies and environmental management projects. " Don Henry, executive director of the Australian Conservation Foundation, said, "This budget, and its package of programs, provides poor insurance against the environmental and economic storms that will buffet this ancient and fragile country in coming years." The government plans to spend A$1 billion over five years to extend the Natural Heritage Trust, beginning in 2002-03. "The Natural Heritage Trust Stage 2 will build on the successes of the original Trust in helping communities protect and repair their local environments," Senator Hill said.

              In five or ten years, Australia will still be holding a very important role in pushing for the protection of the ozone layer. New CFCs and Ozone Depleting Substances will be phased-out of production and Australia will be the nation who will push for even tighter phase-out schedules. Combating illegal trade is an emerging issue that the signatory states to the Montreal Protocol need to deal with at a future Meetings of the Parties. Australia will lead negotiations in dealing with illegal trade.  Australia will lead international research projects, and expeditions gathering data on ozone depletion. Another emerging issue which will be dealt with is that the new ozone friendly substitutes used in refrigerators are greenhouse gases. Australia will be one of the nations that will help develop new substitutes that will protect the ozone layer and will not contribute to global warming. New amendments will be added to the Montreal Protocol, which will help the developing nations even more with their phase out processes. By that time, the ozone layer will start to recover from the abuse it suffered through the 20th century.  The ozone hole above Antarctica will begin to close up. Australia will still be concerned about the UV levels on its territory, so protective measures will be taken against UV radiation. Funding for the Meetings of the Parties will be in part from Australia, and maybe it will even host one of the meetings. Even if political change will take place in the Australian government, this very important issue will always be dealt with. The means of making change might be different, but it is for sure that for as lone there is a problem with Ozone Depletion, Australia will be there, in the lead, encouraging other nations to join and globally solve this problem.  

Citations [TOP]

Benedick, Richard Elliot. Ozone Diplomacy: New Directions in Safeguarding the Planet. Cambridge: Harvard University Press, 1996.
Ozone Layer Damage to Continue Until at Least 2050." CSIRO Australia.  http://www.csiro.au/communication/mediarel/mr1997/mr97180.htm  01 June 2001.
"The Australian Halon Management Strategy." Australia's Ozone Protection Program. http://www.environment.gov.au/epg/ozone/hms.htm  01 June 2001.
"Status of Ratification/Accession/Acceptance/Approval of the agreements on the protection of the stratospheric ozone layer." United Nations Environment Programme.
http://www.unep.org/ozone/ratif.htm 31 May 2001."Policy and Programs." Agriculture, Fisheries and Forestry- Australia. http://www.affa.gov.au/affa/subjects/policy.html  01 June 2001.
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"Australia's Ozone Protection Strategy." Australia's Ozone Protection Program.
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"Australia's Environmental Protection." AFFA. http://www.affa.gov.au/docs/rural_science/greenhouse_climate/ccn/10v1.html  01 June 2001.
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http://www.treasury.gov.au/publications/CommonwealthBudget/1998-99/envir/Chap7.htm  31 May 2001.
"Ozone Depletion and the 1998 Ozone Hole."CSIRO Media Release. http://www.csiro.au  01 June 2001.
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"CSIRO Research Program." CSIRO. http://www.csiro.au  3 June 2001.
"Discovery of New Ozone-destroying Chemical." CSIRO Media Release. http://www.csiro.au  2 June 2001.
"Investing in our Natural and Cultural Heritage: Commonwealth Environment Expenditure 2001-02." Environment Australia.  http://www.ea.gov.au/about/budget/2001/ebs/activities/index.html#atmosphere   4 June 2001.
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Environment Australia. http://www.ea.gov.au/ 01 June 2001.

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