Ozone Depleting Substances Act 1998 (No. 26 of 1998).

This Act gives effect to obligations of Fiji under the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer.
Section 3 declares that this Act shall apply to any aircraft, ship or thing while in Fiji's territory and any person in Fiji irrespective of the person's nationality or citizenship. Section 7 prohibits exclusion of any of the provisions of this Act by contract. The Minister must establish, within the Department responsible for the environment the Ozone Depleting Substances Unit, to assist the Director of Environment in the performance of his or her functions. The functions of the Director are set out in section 9, whereas section 10 defines the duties of the Director. Duties and functions lie mainly in the field of planning and monitoring and the administration of the Ozone Layer Protection Fund established under section 12. The Minister must formulate a National Policy for the Protection of the Ozone Layer and ensure that the formulation of the National Policy is undertaken through the broadest possible consultation and participation (sect. 13). Section 13 defines also the contents of the plan. Section 14 provides for the phasing out of controlled substances, whereas section 15 concerns the management of controlled substances, i.e. control on the recovery of controlled substances, importation, storage and processing, licensing of persons that may handle controlled substances, etc. "Controlled substance" means any ozone depleting substance listed in the Schedule. Sections 19 to 22 prescribe offences, penalties and measures of enforcement. Regulation making powers of the Minister are set out in section 25. (25 sections completed by one Schedule)