Used substances licences

Applications should be lodged as early as possible, prior to the proposed goods being imported or exported.

The Department aims to assess applications within two weeks of receiving a fully completed application form with supporting documentation and payment of the licence application fee. However, the statutory timeframes of the Act stipulates the Department may take up to 60 days to consider an application. You will need to keep the full 60 day timeframe in mind when applying for a licence, as processing times vary.

In considering a licence application, the Minister or delegate will consider whether the applicant is a fit and proper person. Section 16 of the Act lists matters the Minister or delegate must consider when making this decision.

A used substances licence comes into force on the day specified on the licence instrument and stays in force for up to two years until the day specified on the licence instrument. Used substance licences usually have a common end date of 31 December in odd numbered years (i.e. 2017, 2019) to align with Australia’s requirements under the Montreal Protocol on Substances that Deplete the Ozone Layer (the Montreal Protocol).

Application fee

A non-refundable application fee of $15,000 is payable with the application unless a waiver has been granted. There is no provision in the Act to refund the licence application fee. This includes where the applicant decides the licence is not required.

The Minister or delegate may waive the licence application fee for a used substances licence if:

• The scheduled substance to which the licence relates will be imported or exported for the purpose of the disposal of the substance; and
• The disposal will be carried out by a technology approved by the parties of the Montreal Protocol.

OR

• The purpose of the licence is to allow the import or export of less than half a tonne of scheduled substances; and
• The import or export is for test, monitoring or laboratory and analytical purposes.

When applying for a licence under the Act you will be required to provide supporting documentation and detailed information about yourself and your organisation (if applicable), as well as information about the proposed activity (e.g. import, export or manufacture of ozone depleting substances).

A summary of the information you will need to complete the application form, along with a list of supporting documentation you must submit with your application is provided below.

Summary information about used substances licence

Apply for this licence if you wish to import or export used or recycled chlorofluorocarbons (CFCs), halons, carbon tetrachloride (CCl₄), methyl chloroform (C₂H₃Cl₃), methyl bromide, hydrochlorofluorocarbons (HCFCs), hydrobromofluorocarbons (HBFCs) methyl bromide (CH₃Br), bromochloromethane (CH₂BrC₁), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF₆) and nitrogen trifluoride (NF₃).

Important Notice: Applications for a used substances licence for the purpose of import for domestic reuse will generally not be granted, with the exception of used halon in some circumstances. Please see the following link for the Department’s guidance on granting of used substances licences:

• Guidance on the Import and Export of Used Scheduled Substances

If you are considering applying for a used substances licence, please contact the Import Operations Team prior to submitting your application.

Please also note that unless you are applying for a waiver of the application fee, assessment of applications will not commence until the full, cleared payment of application fee of $15,000 is received by the Department. Application fees are non-refundable. There is no provision in the Act to refund the licence fee paid. This includes where the applicant subsequently decides the licence is not required.

You will need the following information to complete the application form

• Personal/Company details – the legally recognised name of the entity applying for the licence. In the case of organisations, the legal name must match the name registered on the Australian Business Register website
• 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 in the organisation who has the authority to sign on behalf of the director(s). Please refer to the list of people able to certify documents in the Statutory Declaration Regulations 2018.
• 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.
• Documentation confirming membership with an approved product stewardship scheme, currently Refrigerant Reclaim Australia (RRA) (only required if the used substance is to be re-used).
• If you are applying for a fee waiver – supporting documentation confirming that the exemption will be used for the import of a product for disposal (you must include the details of the destruction facility and funding arrangements) or confirming the intended use of the scheduled substance for test, monitoring, laboratory or analytical purposes in Australia.
• The current Australian Business Number (ABN) (if an organisation)
• Street and postal address
• The name and contact details of a the applicant (if an individual) or authorised person (if an organisation) signing the application form
• The name and contact details of a contact person responsible for submitting reports to the Department.
• The name and contact details of a contact person responsible for handling accounts enquiries from the Department.
• Details about the proposed activity (import, export), including:
  • Substance proposed to be imported and/or exported
  • Substance condition (recycled or used, not recycled)
  • Country of origin and/or country of destination
• Purpose (end-use), e.g. destruction in the country of destination, etc.

It is a condition of all licences that the licensee does not allow another person or business to use their licence number.

Holders of a used substances licence are required to provide twice yearly reports to the Minister on the following, including the use to which the substances are put:

• the type and quantity of substances imported, including country of origin
• the type and quantity of substances exported, including country of destination, and
• the quantity of substances manufactured, recycled or destroyed.

Reports may be lodged at any time before the 15th day following the end of each reporting period (including at any time during the relevant reporting period).

If no imports or exports were made during a reporting period, a report is not required.

The Department cross-checks information provided on reports with data provided by Australian Border Force. Inaccurate reporting and late submissions are offences under the Act.

If you want to change the nominated contact details please use our online request form:

• Online request to update details of a licence or exemption