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Hazardous Waste (Regulation of Exports and Imports) Act 1989
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
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C2015C00128 C13
25 March 2015
-
30 June 2015
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Part 1—Preliminary
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Division 1—Introductory
1 Short title
2 Commencement
3 Object and aims
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Division 2—Interpretation
4 Interpretation—defined terms
4A Exports and transits to foreign countries—extended meaning of hazardous waste
4B Transit proposals
4C Article 11 arrangements
4D Treatment of colonies etc.
4E Environmentally sound management of hazardous waste
4F Article 11 arrangements—substances taken to be hazardous waste
4G Article 11 arrangements—substances not classified as hazardous waste
7 Failure to comply with permit condition when required is breach of condition
8 Reference to offence against Act etc. includes reference to offence against certain provisions of Crimes Act
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Division 3—Operation of Act
9 Extension of Act to external Territories
10 Act binds Crown
10A Application of the Criminal Code
11 Relationship between Act and other Commonwealth laws
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Part 2—Import permits, export permits and transit permits
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Division 1—Applications for permits
12 Applications for import permits
13 Applications for export permits
13A Applications for transit permits
13B Basel permit or special permit
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Division 2—Special permits under a set of Article 11 regulations
13C Regulations may give effect to Article 11 arrangements
13D Contents of a set of Article 11 regulations
13E Special permit may be granted under a set of Article 11 regulations only if corresponding requirements of other sets of Article 11 regulations have been met
13F Special permit—waste not to be brought into Antarctica
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Division 3—Grant of Basel permits
14 Variation of applications for Basel permits
15 Further information may be requested
15A Acknowledgment and notification
16 Time within which applications for Basel permits are to be decided
17 Grant of Basel import permits and Basel export permits
17A Grant of transit permits
18 Determination of whether applicant has appropriate insurance
18A Export permits for final disposal may be granted only in exceptional circumstances
18B Basel permit may be granted only if the corresponding requirements of Article 11 regulations have been met
19 Applicants to be notified of decisions
19A Foreign countries to be notified of decision about grant of import permit
20 Matters to be specified in Basel import permits
21 Matters to be specified in Basel export permits
21A Matters to be specified in Basel transit permits
22 Basel permits may be granted subject to conditions
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Division 4—Revocation, surrender and variation of Basel permits
24 Revocation of Basel permits
25 Surrender of Basel permits
26 Variation of Basel permits
27 Applications for variations of Basel permits
28 Further information may be requested
28A Acknowledgment and notification
29 Time within which applications are to be decided
30 Making of variations
31 Applicants to be notified of decisions
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Division 5—Miscellaneous
32 Applications and notices to be accompanied by fees
33 Publication of certain particulars in Gazette
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Part 3—Ministerial orders in relation to hazardous waste
34 Orders where section 39 contravened
35 Orders where section 40 contravened
35A Orders where section 40A contravened
36 Orders to remedy or mitigate damage
37 Minister may take action and recover costs if order under section 34, 35, 35A or 36 not complied with
38 Orders authorising import of exported hazardous waste where it cannot be dealt with as intended
38A Persons to be given a reasonable time to comply with orders
38B Contravention of orders under section 34, 35 or 35A
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Part 4—Regulation of import, export, transit and sale of hazardous waste
39 Regulation of import of hazardous waste
40 Regulation of export of hazardous waste
40A Regulation of transit of hazardous waste
40AA Regulation of sale of hazardous waste
40B Liability of executive officers of bodies corporate
41 Injunctions
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Part 4A—Transportation of waste substances through transit countries where an export permit under this Act is not required
41A Offence of transporting substance through transit country without approval
41B Approval of transportation of substances through transit countries
41C Notifiable substances in relation to transit countries
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Part 5—Administration
42 Appointment of inspectors
43 Identity cards
44 Proof of authority
45 Power to control movement of vessels and aircraft etc.
46 Entry and search of searchable places—monitoring compliance
47 Entry and search of searchable places—evidence of offences
48 General powers of inspectors in relation to searchable places
49 Monitoring warrants
50 Offence related warrants
51 Offence related warrants may be granted by telephone
52 Production of permits and orders—import or export
52A Production of transit permits
53 Assistance of inspectors
56 Part does not limit power to impose permit conditions
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Part 5A—Arrangements by Minister
56A Arrangements by Minister
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Part 6—Miscellaneous
57 Review of decisions
58 Statement to accompany notification of decision
58A Extended standing of individuals and organisations to seek judicial review
58B Evidentiary certificate—classification of hazardous waste
58C Evidentiary certificate—environmentally sound management of hazardous waste
58D Regulations defining hazardous waste—Minister to consult Hazardous Waste Technical Group
58E Hazardous Waste Technical Group
59 Conduct of directors, employees and agents
59A Nomination of address for service of documents
59B Service of summons or process on foreign corporations—criminal proceedings
60 Delegation by Minister
61 Annual report
62 Regulations
Schedule—Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history