Statute Details
- Title: Environmental Protection and Management (Regulated Goods — Exemption) Order 2022
- Act Code: EPMA1999-S273-2022
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Environmental Protection and Management Act 1999
- Enacting Authority: National Environment Agency (NEA)
- Commencement: 1 October 2022
- SL Number: S 273/2022 (SL 273/2022)
- Made Date: 30 March 2022
- Key Provisions: Section 3 (exemption re global warming potential limits); Section 4 (exemption re certain regulated goods)
- Definition Anchor: “specified greenhouse gas” refers to greenhouse gases in regulation 2(1)(f) of the Environmental Protection and Management (Greenhouse Gases) Regulations 2022 (G.N. No. S 271/2022)
What Is This Legislation About?
The Environmental Protection and Management (Regulated Goods — Exemption) Order 2022 (“the Order”) is a targeted regulatory instrument made under the Environmental Protection and Management Act 1999 (“EPMA”). In plain terms, it creates exemptions from certain greenhouse-gas-related requirements that would otherwise apply to “regulated goods”.
The EPMA framework regulates greenhouse gases and, in particular, imposes limits tied to the global warming potential (GWP) of greenhouse gases used in or required for the operation of regulated goods. The Order narrows the circumstances in which those limits apply. It does so by identifying a category of greenhouse gases—“specified greenhouse gases”—and then carving out exemptions where regulated goods use only those specified gases.
Practically, the Order is designed to manage compliance obligations while allowing certain regulated goods to operate without being constrained by the GWP limit requirements that would otherwise apply. This can be important for manufacturers, importers, and operators of equipment that uses greenhouse gases, because compliance strategies often depend on whether the relevant gas is within the “specified greenhouse gas” list.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the legal identity of the instrument and its effective date. The Order is cited as the Environmental Protection and Management (Regulated Goods — Exemption) Order 2022 and comes into operation on 1 October 2022. For practitioners, this matters for determining whether compliance obligations under the EPMA regime were modified from that date for relevant regulated goods.
Section 2 (Definition) defines “specified greenhouse gas”. The definition is not self-contained; it points to another set of regulations: the Environmental Protection and Management (Greenhouse Gases) Regulations 2022 (G.N. No. S 271/2022). Specifically, it means a greenhouse gas mentioned in regulation 2(1)(f) of those Regulations. This cross-reference is crucial: the scope of the exemptions in Sections 3 and 4 depends entirely on which gases are listed as “specified greenhouse gases” in the 2022 greenhouse gases regulations.
Section 3 (Exemption in respect of global warming potential limits) is the core exemption. It states that regulated goods are exempt from the requirement that the global warming potential of the greenhouse gas (or blend/mixture) required for their use or operation must not exceed the relevant global warming potential limit prescribed under section 40D(1) and (4)(b)(i) of the EPMA, if the greenhouse gas is, or to the extent that it is, a specified greenhouse gas.
Two legal points are worth highlighting. First, the exemption is conditional: it applies only where the greenhouse gas used for the regulated goods is a specified greenhouse gas. Second, the wording “is, or to the extent that any such greenhouse gases is” indicates a partial exemption concept for blends or mixtures. If a regulated good uses a blend where only some components are specified greenhouse gases, the exemption applies to the extent of those specified components. This can materially affect how GWP calculations and compliance assessments are performed for mixed refrigerants or multi-component gas systems.
Section 4 (Exemption in respect of certain regulated goods) provides a broader carve-out. It states that Division 2 of Part 10A of the EPMA does not apply in relation to any regulated goods that only require specified greenhouse gases for their use or operation.
While the extract does not reproduce the content of Division 2 of Part 10A, the legal effect is clear: for regulated goods that exclusively require specified greenhouse gases, an entire division of the EPMA regime is excluded. This is significant because Division 2 likely contains substantive compliance duties beyond the GWP limit requirement addressed in Section 3. The “only require” threshold is strict: if a regulated good requires any non-specified greenhouse gas component, Section 4 would not apply, and the regulated goods would instead fall back on the narrower exemption in Section 3 (if applicable) or the general EPMA requirements.
How Is This Legislation Structured?
The Order is structured as a short instrument with four sections:
(1) Section 1: Citation and commencement (effective date and name).
(2) Section 2: Definition of “specified greenhouse gas” by reference to the 2022 greenhouse gases regulations.
(3) Section 3: Exemption from GWP limit requirements for regulated goods where the greenhouse gas (or part of it) is a specified greenhouse gas.
(4) Section 4: Exemption from Division 2 of Part 10A of the EPMA for regulated goods that only require specified greenhouse gases.
From a practitioner’s perspective, the structure signals that the Order is meant to operate as a targeted modification to the EPMA’s greenhouse-gas compliance regime rather than to create a standalone regulatory system. It relies on the EPMA for the underlying obligations and uses cross-references to define the relevant gas category.
Who Does This Legislation Apply To?
The Order applies to “regulated goods” under the EPMA framework. Although the extract does not define “regulated goods”, the term is used in the EPMA and related subsidiary legislation to capture equipment or products whose operation involves greenhouse gases and therefore triggers regulatory controls.
In practical terms, the Order will be relevant to parties involved in the lifecycle of regulated goods, including manufacturers, importers, distributors, and operators who must determine whether their goods comply with EPMA greenhouse-gas requirements. The exemptions turn on the type of greenhouse gas required for the goods’ use or operation—specifically whether the gases are “specified greenhouse gases” and whether the goods require only those specified gases.
Accordingly, compliance teams should treat the Order as a gas-specification-driven instrument: the legal analysis will typically begin with identifying the greenhouse gases used (including blends and mixtures) and then mapping those gases to the “specified greenhouse gas” list in the 2022 greenhouse gases regulations.
Why Is This Legislation Important?
This Order is important because it directly affects how regulated goods must meet greenhouse-gas-related limits under the EPMA. For regulated goods that use specified greenhouse gases, the Order reduces or removes certain compliance constraints—most notably the GWP limit requirement addressed in Section 3 and, for goods that use only specified gases, the applicability of an entire division of the EPMA regime under Section 4.
From an enforcement and compliance standpoint, the exemptions can change the risk profile for regulated goods. If a regulated good qualifies for the Section 3 exemption, it may be able to operate without breaching the prescribed GWP limit, at least to the extent the greenhouse gas is specified. If it qualifies for Section 4, it may be exempt from additional duties in Division 2 of Part 10A, which could include administrative, reporting, or other operational requirements (depending on the content of that division).
For practitioners advising regulated entities, the Order also highlights the importance of documentary and technical substantiation. Because the exemptions depend on the greenhouse gas composition and whether the gases are “specified”, regulated parties should ensure they can evidence:
- the exact greenhouse gas or blend composition required for the goods’ operation;
- which components are “specified greenhouse gases” under the 2022 greenhouse gases regulations;
- whether the goods “only require” specified greenhouse gases (for Section 4); and
- how GWP limits are assessed where blends are involved (for Section 3’s partial exemption concept).
Finally, the Order’s cross-references mean that compliance is not static. If the “specified greenhouse gas” list in the Environmental Protection and Management (Greenhouse Gases) Regulations 2022 is amended in future, the scope of the exemptions under this Order could effectively expand or contract. Lawyers and compliance officers should therefore monitor related subsidiary legislation and any amendments that affect the definition in Section 2.
Related Legislation
- Environmental Protection and Management Act 1999 (EPMA) — in particular section 40D and Part 10A, Division 2
- Environmental Protection and Management (Greenhouse Gases) Regulations 2022 (G.N. No. S 271/2022) — regulation 2(1)(f) defining “specified greenhouse gas”
Source Documents
This article provides an overview of the Environmental Protection and Management (Regulated Goods — Exemption) Order 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.