Federal Register of Legislation - Australian Government

Primary content

SR 1996 No. 283 Regulations as amended, taking into account amendments up to SR 1999 No. 74
Registered 26 Mar 2010
Start Date 19 May 1999
End Date 29 Apr 2004
Table of contents.
Skip Navigation Links.
Collapse TextText
Collapse Part 1 PreliminaryPart 1 Preliminary
1 Name of regulations [see Note 1]
2 Commencement
3 Object
4 Interpretation
5 Meaning of appropriate insurance
6 What is red list hazardous waste
7 What is amber list hazardous waste
8 Circumstances in which amber list waste is red list waste
Expand Part 2 Applications for special permitsPart 2 Applications for special permits
Expand Part 3 Grant of special permitsPart 3 Grant of special permits
Expand Part 4 Revocation, surrender and variation of special permitsPart 4 Revocation, surrender and variation of special permits
Expand Part 5 MiscellaneousPart 5 Miscellaneous
Schedule 1 Organisation for economic co‑operation and development
Expand Annex 1Annex 1
Expand Appendix 1Appendix 1
Expand Appendix 2Appendix 2
Expand Annex 2Annex 2
GA. METAL AND METAL-ALLOY WASTES IN METALLIC, NON DISPERSIBLE FORM2
GB. METAL BEARING WASTES ARISING FROM MELTING, SMELTING AND REFINING OF METALS
GC. OTHER WASTES CONTAINING METALS
GD. WASTES FROM MINING OPERATIONS: THESE WASTES TO BE IN NON-DISPERSIBLE FORM
GE. GLASS WASTE IN NON-DISPERSIBLE FORM
GF. CERAMIC WASTES IN NON-DISPERSIBLE FORM
GG. OTHER WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS
GH. SOLID PLASTIC WASTES:
GI. PAPER, PAPERBOARD AND PAPER PRODUCT WASTES:
GJ. TEXTILE WASTES:
GK. RUBBER WASTES:
GL. UNTREATED CORK AND WOOD WASTES:
GM. WASTES ARISING FROM AGRO-FOOD INDUSTRIES
GN. WASTES ARISING FROM TANNING AND FELLMONGERY OPERATIONS AND LEATHER USE
GO. OTHER WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS
AA. METAL BEARING WASTES
AB. WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS
AC. WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS
AD. WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS
RA. WASTES CONTAINING PRINCIPALLLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS
RB. WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS
RC. WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS

Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996

Statutory Rules 1996 No. 283 as amended

made under the

Consolidated as in force on 5 August 1999

(includes amendments up to SR 1999 No. 74)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra


Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996

Statutory Rules 1996 No. 283 as amended

made under the

Hazardous Waste (Regulation of Exports and Imports) Act 1989

 

 

 

Contents

Page

Part 1        Preliminary

                        1  Name of regulations                                                            4

                        2  Commencement                                                                 4

                        3  Object                                                                               4

                        4  Interpretation                                                                      4

                        5  Meaning of appropriate insurance                                         6

                        6  What is red list hazardous waste                                         7

                        7  What is amber list hazardous waste                                    7

                        8  Circumstances in which amber list waste is red list waste     8

Part 2        Applications for special permits

                        9  Application for special permit                                             10

                       10  Variation of applications                                                    10

                       11  Minister may request more information                               11

                       12  Acknowledgment and notification                                       11

Part 3        Grant of special permits

Division 1             Special export permits

                       13  Interpretation                                                                    13

                       14  Decision on permit application                                           13

                       15  Circumstances affecting decision period                             14

                       16  Grant of special export permit                                            15

                       17  Commencement and duration of special export permits        17

                       18  Matters to be specified in permit                                        18

Division 2             Special import permits

                       19  Definition for Division 2                                                      19

                       20  Decision on permit application                                           19

                       21  Circumstances affecting decision period — general             20

                       22  Circumstances affecting decision period — amber list hazardous waste intended for approved recovery facility                                                                           21

                       23  Grant of special import permit                                            22

                       24  Commencement and duration of special import permits        23

                       25  Matters to be specified in permit                                        23

Division 3             Special transit permits

                       26  Definition for Division 3                                                      25

                       27  Decision on permit application                                           25

                       28  Circumstances affecting decision period                             26

                       29  Grant of special transit permit                                            27

                       30  Commencement and duration of special transit permits        27

                       31  Matters to be specified in permit                                        28

Division 4             Special permit conditions

                       32  Movement/Tracking form to accompany shipment of waste   29

                       33  Other conditions specified in special permits                       29

Part 4        Revocation, surrender and variation of special permits

                       34  Revocation of permits                                                        30

                       35  Surrender of permits                                                         31

                       36  Applications to vary permits                                               32

                       37  Minister may request more information                               32

                       38  Acknowledgment and notification                                       32

                       39  Decision on variation applications                                       33

                       40  Variation applications — circumstances affecting decision period  34

                       41  Variation of permits without application                               36

Part 5        Miscellaneous

                       42  Approval of recovery facilities                                             38

                       43  Review of decisions                                                          38

                       44  Delegation                                                                       38

Schedule 1       Organisation for economic co‑operation and development     39

Schedule 2       Appendixes 3, 4 and 5 to Annex 1 to the OECD Decision         58

Notes                                                                                                       80

 


Part 1                 Preliminary

Do not delete : Division placeholder

1              Name of regulations [see Note 1]

                These regulations are the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996.

2              Commencement

                These Regulations commence on 12 December 1996.

3              Object

                The object of these Regulations is to make regulations for section 13C of the Act giving effect to the OECD Decision.

Note   Regulations made for the purposes of section 13C of the Act are known as a set of Article 11 regulations: see ss. 13C (3) of the Act.

4              Interpretation

         (1)   In these Regulations, unless the contrary intention appears:

Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

amber list hazardous waste has the meaning given by regulation 7.

appropriate insurance has the meaning given by regulation 5.

approved recovery facility, for Australia, means a facility approved under regulation 42.

approved recovery facility, for an OECD country (other than Australia), means a facility that has been approved by the country, in accordance with Section IV of Annex I to the OECD Decision, to carry out recovery operations on particular types of hazardous waste.

EPIP Act means the Environment Protection (Impact of Proposals) Act 1974.

exporting country, for a special import permit, means the OECD country from which the hazardous waste proposed to be imported under the permit originated.

importing country, for a special export permit, means the OECD country to which hazardous waste that is proposed to be exported under the permit is finally destined.

OECD country means a country that is a member of the Organisation for Economic Cooperation and Development under the Convention on the Organisation for Economic Cooperation and Development done at Paris on 14 December 1960.

OECD Decision means the Decision of the Council of the Organisation for Economic Cooperation and Development concerning the control of transfrontier movements of wastes destined for recovery operations (adopted by the Council at its 778th Session on 30 March 1992).

                (a)    declared by the Minister to be an Article 11 arrangement for the purposes of the Act (a copy of the declaration being published in the Gazette on 12 December 1996); and

               (b)    a copy of the English text of which is set out in Schedule 1.

recovery facility means a facility that carries out recovery operations on hazardous waste.

recovery operation means an operation listed in Table 2.B of the Annex to OECD Decision C(88)90(FINAL).

Note   The Table is as follows:

R1         Use as a fuel (other than in direct incineration) or other means to   generate energy

R2         Solvent reclamation/regeneration

R3         Recycling/reclamation of organic substances which are not used as           solvents

R4         Recycling/reclamation of metals and metal compounds

R5         Recycling/reclamation of other inorganic materials

R6         Regeneration of acids or bases

R7         Recovery of components used for pollution abatement

R8         Recovery of components from catalysts

R9         Used oil re-refining or other reuses of previously used oil

R10       Land treatment resulting in benefit to agriculture or ecological        improvement

R11       Uses of residual materials obtained from any of the operations       numbered R1–R10

R12       Exchange of wastes for submission to any of the operations           numbered R1–R11

R13       Accumulation of material intended for any operation in Table 2.B.

red list hazardous waste has the meaning given by regulation 6.

transit country, for particular hazardous waste, means a country through which the waste is proposed to be transported on the way to its final destination.

working day means a day, other than a Saturday, Sunday or public holiday, in the Australian Capital Territory.

Note   Words and phrases used in these Regulations that are defined in the Act have the same meaning in these Regulations as they do in the Act:  see Acts Interpretation Act 1901, s 46.  For example, section 4 of the Act includes definitions of Basel Convention, competent authority, environmentally sound management, export proposal, hazardous waste, holder, import proposal, special export permit, special import permit, special permit, special transit permit and transit proposal.

         (2)   A reference in these Regulations to an acknowledgment, consent, notification or objection made or given by the competent authority of an OECD country is a reference to an acknowledgment, consent, notification or objection made or given in accordance with the OECD Decision.

5              Meaning of appropriate insurance

                For these Regulations, an applicant for a special permit has appropriate insurance if, were the permit to be granted, the applicant would be:

                (a)    reasonably insured against risks that might arise in relation to the hazardous waste to which the permit relates; or

               (b)    whether because of arrangements made by the applicant or otherwise — able to discharge his or her liability that might arise in relation to the waste.

6              What is red list hazardous waste

         (1)   Subject to regulation 8, for these Regulations, red list hazardous waste means:

                (a)    hazardous waste mentioned in Appendix 5 to Annex 1 of the OECD Decision, as in force on 15 January 1999 (a copy of the Appendix is set out in Schedule 2); and

               (b)    waste that:

                          (i)    is contaminated by hazardous waste mentioned in paragraph (a); and

                         (ii)    as a result, has any of the characteristics mentioned in Annex III to the Basel Convention.

Note   Appendix 5 was substituted in Annex 1 of the Decision by Decision of the OECD Council C(98)/202[FINAL] of 23 December 1998.

         (2)   Waste mentioned in paragraph (1) (b) is prescribed for paragraph (a) of the definition of hazardous waste in section 4 of the Act.

Note   Paragraph (a) of the definition of hazardous waste in section 4 of the Act provides that hazardous waste is:

(a)         waste prescribed by the regulations where the waste has any of the           characteristics mentioned in Annex III to the Basel Convention;

7              What is amber list hazardous waste

         (1)   Subject to regulation 8, for these Regulations, amber list hazardous waste means:

                (a)    hazardous waste mentioned in Appendix 4 to Annex 1 of the OECD Decision, as in force on 15 January 1999 (a copy of the Appendix is set out in Schedule 2); and

               (b)    waste that:

                          (i)    is contaminated by hazardous waste mentioned in paragraph (a); and

                         (ii)    as a result, has any of the characteristics mentioned in Annex III to the Basel Convention.

Note    Appendix 4 was substituted in Annex 1 of the Decision by Decision of the OECD Council C(98)/202[FINAL] of 23 December 1998.

         (2)   Waste mentioned in paragraph (1) (b) is prescribed for paragraph (a) of the definition of hazardous waste in section 4 of the Act.

Note 1   Paragraph (a) of the definition of hazardous waste in section 4 of the Act provides that hazardous waste is:

(a)         waste prescribed by the regulations where the waste has any of the           characteristics mentioned in Annex III to the Basel Convention;.

Note 2   Green list hazardous waste is waste mentioned in Appendix 3 of Annex 1 to the OECD Decision (see the Decision, section III (4)). A copy of Appendix 3 (as in force on 15 January 1998) (substituted in Annex 1 by Decision of the OECD Council C(98)/202[FINAL] of 23 December 1998) is set out in Schedule 2 for convenience, although it is not referred to in these regulations.

8              Circumstances in which amber list waste is red list waste

         (1)   This regulation has effect for the application of these Regulations to a special permit application relating to a substance or object that, apart from this regulation, would be amber list hazardous waste.

         (2)   If the amber list hazardous waste is contaminated by hazardous waste mentioned in paragraph 6 (1) (a) or (b), the Minister may decide, in writing, that the waste should be taken to be red list hazardous waste for the special permit application.

         (3)   Before making a decision, the Minister must consider:

                (a)    the extent of the contamination; and

               (b)    the type of contamination; and

                (c)    whether the contamination significantly alters the character of the substance or object; and

               (d)    having regard to Australia’s international obligations in relation to the international movement of hazardous waste (for example, obligations under the Basel Convention and the OECD Decision), whether dealing with the substance or object as amber list hazardous waste would be consistent with the environmentally sound management of the waste.

         (4)   As soon as practicable after making a decision, the Minister must give the applicant for the special permit:

                (a)    written notice of the decision; and

               (b)    if the decision is that the amber list hazardous waste should be taken to be red list hazardous waste for the application — the reasons for the decision.

Part 2                 Applications for special permits

Do not delete : Division placeholder

9              Application for special permit

         (1)   A person may apply under these Regulations for a special permit in relation to a particular substance or object that:

                (a)    is amber list hazardous waste; or

               (b)    is red list hazardous waste; or

                (c)    under subsection 4F (2) of the Act, is taken, for a particular OECD country, to be hazardous waste for the purposes set out in subsection 4F (1) of the Act.

         (2)   Application for a special export permit under these Regulations may be made only for hazardous waste that is proposed to be exported to an OECD country to undergo a recovery operation in that country.

         (3)   Application for a special import permit under these Regulations may be made only for hazardous waste that is proposed to be imported from an OECD country to undergo a recovery operation in Australia.

         (4)   Application for a special transit permit under these Regulations may be made only for hazardous waste that is:

                (a)    produced in an OECD country (other than Australia); and

               (b)    proposed to undergo a recovery operation in another OECD country (other than Australia).

10            Variation of applications

         (1)   At any time before the Minister grants or refuses a special permit, the applicant may give the Minister a notice stating that the application is varied as set out in the notice.

         (2)   The notice must:

                (a)    be in the form approved by the Minister; and

               (b)    set out, or be accompanied by, the information about the variation as requested in the form.

         (3)   If the Minister receives a notice from the applicant:

                (a)    the application is taken to be varied in accordance with the notice; and

               (b)    the application, as varied, is taken to have been received by the Minister on the day on which the Minister receives the notice.

11            Minister may request more information

         (1)   If the Minister needs more information to deal with an application for a special permit, the Minister may ask the applicant to provide the information in writing.

         (2)   The request must be in writing and must be given to the applicant:

                (a)    for a special export permit — within 40 days after the Minister receives the application; or

               (b)    for a special import permit or special transit permit — within 30 days after the Minister receives the application.

12            Acknowledgment and notification

         (1)   Within 3 working days after receiving an application for a special permit, the Minister must give the applicant written acknowledgment of the receipt.

         (2)   Within 3 working days after receiving notification from the competent authority of an OECD country of an import proposal, the Minister must give the competent authority written acknowledgment of the receipt.

         (3)   If notification is not received from the competent authority of an OECD country about a particular import proposal, the Minister must give the competent authority written notice of the receipt of an application for the special import permit to which the proposal relates, within 3 working days after receiving the application.

         (4)   Within 5 working days after receiving an application for a special export permit, the Minister must give the competent authority of the importing country a written notice that sets out the following information:

                (a)    the fact that the application has been received;

               (b)    the waste to which the application relates;

                (c)    full details (including name, business address, telephone number and facsimile number) of:

                          (i)    the applicant; and

                         (ii)    the proposed recipient of the waste; and

                         (iii)    if the proposed recipient is not a recovery facility — the recovery facility at which the waste is proposed to undergo a recovery operation;

               (d)    the transit countries in relation to the waste;

                (e)    the time when, or period during which, the export is proposed to occur.

Part 3                 Grant of special permits

Division 1              Special export permits

13            Interpretation

                In this Division:

decision period means the period mentioned in subregulation 14 (1), together with an extension (if any) of that period under subregulation 15 (1), (3), (5), (5A) or (6).

14            Decision on permit application

         (1)   Subject to regulation 15, within 40 days after receiving an application for a special export permit, the Minister must grant or refuse the permit.

         (2)   As soon as practicable after granting or refusing the permit, the Minister must give the competent authority of the importing country written notice of the decision, and:

                (a)    if the decision is to grant the permit — give the permit to the applicant; or

               (b)    if the decision is a refusal — give the applicant written notice of the decision, and the reasons for it.

         (3)   Contravention of subregulation (2) does not affect the validity of the decision.

         (4)   Before deciding to grant, or refuse to grant, an application for a special export permit, the Minister:

                (a)    must allow the applicant access to, or give a copy to the applicant of, any material held by the Minister that suggests that the application should be refused; and

               (b)    if the Minister considers that the applicant needs to know the name of the person or body from whom the material was obtained to enable the applicant to consider the material properly — may tell the applicant in writing the name of the person or body; and

                (c)    must invite the applicant in writing to give written comments on the material to the Minister.

         (5)   Before making the decision, the Minister must consider any written comments made by the applicant on the material.

15            Circumstances affecting decision period

         (1)   If, within the period mentioned in subregulation 14 (1):

                (a)    the competent authority of the importing country has neither consented nor objected to the grant of the permit; or

               (b)    if the applicant for the special permit proposes to transport the hazardous waste to which the permit applies through a foreign country — the competent authority of that country has not decided whether transport of the waste through the country should be allowed;

                the decision period is extended until the end of 5 working days after the Ministerial receipt day.

         (2)   In subregulation (1), Ministerial receipt day means:

                (a)    if there is only 1 consent or objection — the day when the Minister receives the consent or objection; or

               (b)    if there are 2 or more consents or objections and the Minister receives them on the same day — that day; or

                (c)    if there are 2 or more consents or objections and the Minister receives them on different days — the last of those days.

         (3)   If the Minister thinks that a decision cannot be made within the decision period, the Minister may extend the period by not more than 60 days.

         (4)   As soon as practicable after extending the decision period under subregulation (3), the Minister must give written notice of that decision to:

                (a)    the applicant; and

               (b)    the competent authority of the importing country.

         (5)   If the Minister has invited the applicant to comment under paragraph 14 (4) (c), the decision period is extended until the end of 15 working days after receipt by the Minister of any written comments made by the applicant.

      (5A)   If, within the decision period, action is begun under the EPIP Act in relation to the export proposal that is the subject of the application, the decision period is extended until the end of 5 working days after completion of the procedures required by that Act because of the action.

Note   See section 6 of the Act as to when action is begun under the EPIP Act in relation to a proposal, and when procedures under that Act are completed.

         (6)   If the decision period is extended by subregulation (5) or (5A), then, before the end of the period as so extended, the Minister may agree with the applicant, in writing, to extend the period further.

         (7)   If the Minister has not granted or refused the permit by the end of the day by which the Minister is required by regulation 14 or this regulation to have done so, the Minister is taken to have refused the permit.

16            Grant of special export permit

         (1)   The Minister must not grant a special export permit authorising the export of hazardous waste unless the Minister is satisfied that:

                (a)    the application for the permit is permitted by regulation 9 to be made; and

               (b)    dealing with the hazardous waste concerned in accordance with the export proposal would be consistent with the environmentally sound management of the waste; and

                (c)    the competent authority of the importing country has given written consent to the movement of the waste; and

               (d)    the waste will undergo a recovery operation in the importing country at a recovery facility that is authorised to carry out recovery operations on waste of that type; and

                (e)    having regard to the requirements of clause 1 of section IV of Annex I to the OECD Decision (concerning written contracts covering the movement of waste), it is appropriate to grant the permit; and

                (f)    the waste will be allowed to be transported through any foreign country through which the waste is proposed to be transported; and

                (g)    the waste will be transported in a way that is consistent with the environmentally sound management of the waste; and

                (h)    the applicant:

                          (i)    is a suitable person to be granted the permit; and

                         (ii)    has appropriate insurance.

         (2)   The Minister may refuse to grant the permit if the Minister considers that it is in the public interest to do so.

         (3)   The Minister may refuse to grant the permit if the Minister is satisfied that:

                (a)    there is another way in which the hazardous waste could appropriately be dealt with; and

               (b)    dealing with the waste in that way would not pose significant risk of injury or harm to people or the environment; and

                (c)    having regard to Australia’s international obligations, the waste should be dealt with in that way rather than according to the export proposal.

         (4)   The Minister may refuse to grant the permit if the Minister is satisfied that:

                (a)    the hazardous waste could be disposed of safely and efficiently by using a facility in Australia; and

               (b)    such a disposal would be consistent with the environmentally sound management of the waste; and

                (c)    having regard to the desirability of using facilities in Australia for the disposal of hazardous waste, the waste should be disposed of by using that facility rather than according to the export proposal.

         (5)   For paragraph (1) (c), if the waste proposed to be exported is amber list hazardous waste, the competent authority of the importing country is taken to have given written consent to the grant of the permit if:

                (a)    the country has acknowledged receipt of the notice mentioned in subregulation 12 (4); and

               (b)    for waste that is not proposed to be sent to an approved recovery facility in the country:

                          (i)    written objection to the export proposal has not been made by the importing country or a transit country; or

                         (ii)    if an objection has been made — the objection has been withdrawn.

         (6)   A consent that, under subregulation (5), is taken to have been given to the grant of a permit, has effect for the export proposal for 1 year and 30 days, beginning at the beginning of the day after the date of the acknowledgment mentioned in paragraph 5 (a).

         (7)   For subparagraph (1) (h) (i), the Minister must consider:

                (a)    the applicant’s financial viability; and

               (b)    the applicant’s previous record on environmental matters; and

                (c)    other relevant matters.

17            Commencement and duration of special export permits

         (1)   A special export permit commences on:

                (a)    the day on which the permit is granted; or

               (b)    if a later day of commencement is stated in the permit — the later day.

         (2)   A special export permit has effect for a period stated in the permit of up to 1 year after the permit commences.

18            Matters to be specified in permit

         (1)   A special export permit must set out the following details:

                (a)    in relation to the permit holder:

                          (i)    if the person is a company — the name and Australian Company Number of the company; and

                         (ii)    if the person is another type of organisation — the name of the organisation; and

                         (iii)    in any other case — the full name of the person; and

                        (iv)    the business address, telephone number and facsimile number of the person;

               (b)    in relation to the hazardous waste to be exported under the permit:

                          (i)    the name, business address, telephone number and facsimile number of the proposed recipient of the waste; and

                         (ii)    the type of the waste; and

                         (iii)    the maximum quantity of the waste that may be exported; and

                        (iv)    how the waste is to be contained during export; and

                         (v)    how the waste is to be transported during export; and

                        (vi)    the time at which, or period during which, the waste is to be exported; and

                        (vii)    the port or ports from which the waste is to be exported; and

                       (viii)    the port of the importing country to which the waste is to be exported; and

                        (ix)    the transit countries; and

                         (x)    the facility at which the waste is to undergo a recovery operation; and

                        (xi)    the type of recovery operation the waste is to undergo.

         (2)   The permit must also set out:

                (a)    the condition mentioned in regulation 32; and

               (b)    conditions specified by the Minister under regulation 33; and

                (c)    other information the Minister considers appropriate.

Division 2              Special import permits

19            Definition for Division 2

                In this Division:

decision period means the period mentioned in subregulation 20 (1), together with any extension of that period under subregulation 21 (1), (2), (3) or (4) or 22 (3), (4) or (5).

20            Decision on permit application

         (1)   Subject to regulations 21 and 22, within 30 days after giving the competent authority of an exporting country notice under subregulation 12 (2) or (3), the Minister must grant or refuse the special import permit to which the notice relates.

         (2)   As soon as practicable after granting or refusing the permit, the Minister must give the competent authority of the exporting country written notice of the decision, and:

                (a)    if the decision is to grant the permit — give the permit to the applicant; or

               (b)    if the decision is a refusal — give the applicant written notice of the decision, and the reasons for it.

         (3)   Contravention of subregulation (2) does not affect the validity of the decision.

         (4)   Before deciding to grant, or refuse to grant, an application for a special import permit, the Minister:

                (a)    must allow the applicant access to, or give a copy to the applicant of, any material held by the Minister that suggests that the application should be refused; and

               (b)    if the Minister considers that the applicant needs to know the name of the person or body from whom the material was obtained to enable the applicant to consider the material properly — may tell the applicant in writing the name of the person or body; and

                (c)    must invite the applicant in writing to give written comments on the material to the Minister.

         (5)   Before making the decision, the Minister must consider any written comments made by the applicant on the material.

21            Circumstances affecting decision period — general

         (1)   If the Minister thinks that a decision cannot be made within the decision period, the Minister may extend the period by not more than 60 days.

         (2)   If the Minister has invited the applicant to comment under paragraph 20 (4) (c), the decision period is extended until the end of 15 working days after receipt by the Minister of any written comments made by the applicant.

         (3)   If, within the decision period, action is begun under the EPIP Act in relation to the import proposal that is the subject of the application, the decision period is extended until the end of 5 working days after completion of the procedures required by that Act because of the action.

Note   See section 6 of the Act as to when action is begun under the EPIP Act in relation to a proposal, and when procedures under that Act are completed.

         (4)   If the decision period is extended by subregulation (2) or (3), then, before the end of the period as so extended, the Minister may agree with the applicant, in writing, to extend the period further.

      (4A)   As soon as practicable after extending the period under subregulation (4), the Minister must give written notice of the extension to:

                (a)    the applicant; and

               (b)    the competent authority of the exporting country.

         (5)   If the Minister has not granted or refused the permit by the end of the day by which the Minister is required by regulation 20 or this regulation to have done so, the Minister is taken to have:

                (a)    for an application relating to amber list hazardous waste (other than waste mentioned in regulation 22) — granted the permit; or

               (b)    for an application relating to hazardous waste other than amber list hazardous waste — refused the permit.

22            Circumstances affecting decision period — amber list hazardous waste intended for approved recovery facility

         (1)   If the Minister:

                (a)    receives an application for a special import permit authorising the import of amber list hazardous waste that is proposed to undergo a recovery operation at an approved recovery facility in Australia; and

               (b)    has not granted or refused the permit within 7 days after giving the competent authority of the exporting country notice under subregulation 12 (2) or (3);

                the Minister is taken to have granted the permit at the end of that time.

         (2)   Subregulation (1) does not apply if, before the end of that time, action is begun under the EPIP Act in relation to the import proposal that is the subject of the application.

         (3)   If subregulation (2) applies, the decision period is extended until the end of 5 working days after completion of the procedures required by the EPIP Act because of the action mentioned in that subregulation.

Note   See section 6 of the Act as to when action is begun under the EPIP Act in relation to a proposal, and when procedures under that Act are completed.

         (4)   Also, if the Minister has invited the applicant to comment under paragraph 20 (4) (c), the decision period is extended until the end of 15 working days after receipt by the Minister of any written comments made by the applicant.

         (5)   If the decision period is extended by subregulation (3) or (4), then, before the end of the period as so extended, the Minister may agree with the applicant, in writing, to extend the period further.

         (6)   As soon as practicable after extending the period under subregulation (5), the Minister must give written notice of the extension to:

                (a)    the applicant; and

               (b)    the competent authority of the exporting country.

         (7)   If the Minister has not granted or refused the permit by the end of the decision period, the Minister is taken to have granted the permit.

23            Grant of special import permit

         (1)   Before granting or refusing a special import permit, the Minister must consider whether the waste to which the relevant import proposal relates should be dealt with in a way other than the way set out in the proposal.

         (2)   In considering whether the waste should be dealt with in another way, the Minister must have regard to Australia’s international obligations in relation to the international movement of hazardous waste (for example, obligations under the Basel Convention and the OECD Decision).

         (3)   The Minister must not grant the permit, unless the Minister is satisfied that:

                (a)    the application for the permit is permitted by regulation 9 to be made; and

               (b)    dealing with the hazardous waste concerned in accordance with the import proposal would be consistent with the environmentally sound management of the waste; and

                (c)    the waste will undergo a recovery operation in Australia at a recovery facility that is permitted under Australian law to carry out recovery operations on waste of that type; and

               (d)    having regard to the requirements of clause 1 of section IV of Annex I to the OECD Decision (concerning written contracts covering the movement of waste), it is appropriate to grant the permit; and

                (e)    the waste will be transported in a way that is consistent with the environmentally sound management of the waste; and

                (f)    the applicant:

                          (i)    is a suitable person to be granted the permit; and

                         (ii)    has appropriate insurance.

         (4)   The Minister may refuse to grant the permit if the Minister considers that it is in the public interest to do so.

         (5)   For subparagraph (3) (f) (i), the Minister must consider:

                (a)    the applicant’s financial viability; and

               (b)    the applicant’s previous record on environmental matters; and

                (c)    other relevant matters.

24            Commencement and duration of special import permits

         (1)   A special import permit commences on:

                (a)    the day on which the permit is granted; or

               (b)    if a later day of commencement is stated in the permit — the later day.

         (2)   A special import permit has effect for a period stated in the permit of up to 1 year after the permit commences.

25            Matters to be specified in permit

         (1)   A special import permit must set out the following details:

                (a)    in relation to the permit holder:

                          (i)    if the person is a company — the name and Australian Company Number of the company; and

                         (ii)    if the person is another type of organisation — the name of the organisation; and

                         (iii)    in any other case — the full name of the person; and

                        (iv)    the business address, telephone number and facsimile number of the person;

               (b)    in relation to the hazardous waste to be imported under the permit:

                          (i)    the name, business address, telephone number and facsimile number of the proposed exporter; and

                         (ii)    the type of the waste; and

                         (iii)    the maximum quantity of the waste that may be imported; and

                        (iv)    how the waste is to be contained during import; and

                         (v)    how the waste is to be transported during import; and

                        (vi)    the time when, or period during which, the waste is to be imported; and

                        (vii)    the port through which the waste is to be imported; and

                       (viii)    the transit countries; and

                        (ix)    the facility at which the waste is to undergo a recovery operation; and

                         (x)    the time when, or period during which, the waste is to undergo the recovery operation; and

                        (xi)    the type of recovery operation the waste is to undergo.

         (2)   The permit must also set out:

                (a)    the condition mentioned in regulation 32; and

               (b)    conditions specified by the Minister under regulation 33; and

                (c)    other information the Minister considers appropriate.

Division 3              Special transit permits

26            Definition for Division 3

                In this Division:

decision period means the period mentioned in subregulation 27 (1), together with any extension of that period under subregulation 28 (1), (2) or (3).

27            Decision on permit application

         (1)   Subject to regulation 28, the Minister must grant or refuse a special transit permit authorising the carrying out of a transit proposal within 30 days after the competent authority of the OECD country from which the waste is to be exported gives the Minister written notification of the export.

         (2)   As soon as practicable after granting or refusing the permit, the Minister must give the competent authority of the OECD country written notice of the decision, and:

                (a)    if the decision is to grant the permit — give the permit to the applicant; or

               (b)    if the decision is a refusal — give the applicant written notice of the decision, and the reasons for it;

         (3)   Contravention of subregulation (2) does not affect the validity of the decision.

         (4)   Before deciding to grant, or refuse to grant, an application for a special transit permit, the Minister:

                (a)    must allow the applicant access to, or give a copy to the applicant of, any material held by the Minister that suggests that the application should be refused; and

               (b)    if the Minister considers that the applicant needs to know the name of the person or body from whom the material was obtained to enable the applicant to consider the material properly — may tell the applicant in writing the name of the person or body; and

                (c)    must invite the applicant in writing to give written comments on the material to the Minister.

         (5)   Before making the decision, the Minister must consider any written comments made by the applicant on the material.

28            Circumstances affecting decision period

         (1)   If the Minister thinks that a decision cannot be made within the decision period, the Minister may extend the period by not more than 60 days.

         (2)   If the Minister has invited the applicant to comment under paragraph 27 (4) (c), the decision period is extended until the end of 15 working days after receipt by the Minister of any written comments made by the applicant.

         (3)   If, within the decision period, action is begun under the EPIP Act in relation to the transit proposal that is the subject of the application, the decision period is extended until the end of 5 working days after completion of the procedures required by that Act because of the action.

Note   See section 6 of the Act as to when action is begun under the EPIP Act in relation to a proposal, and when procedures under that Act are completed.

         (4)   If the decision period is extended by subregulation (2) or (3), then, before the end of the period as so extended, the Minister may agree with the applicant, in writing, to extend the period further.

      (4A)   As soon as practicable after extending the period under subregulation (4), the Minister must give written notice of the extension to:

                (a)    the applicant; and

               (b)    the competent authority of the OECD country from which the hazardous waste is to be exported.

         (5)   If the Minister has not granted or refused the permit by the end of the day by which the Minister is required by regulation 27 or this regulation to have done so, the Minister is taken to have:

                (a)    for an application relating to amber list hazardous waste — granted the permit; or

               (b)    for an application relating to other hazardous waste — refused the permit.

29            Grant of special transit permit

         (1)   The Minister must not grant a special transit permit authorising the carrying out of a transit proposal unless the Minister is satisfied that:

                (a)    the application for the permit is permitted by regulation 9 to be made; and

               (b)    carrying out the transit proposal will not pose a significant risk of injury or damage to human beings or the environment; and

                (c)    the waste will be transported to and from Australia in a way that is consistent with the environmentally sound management of the waste; and

               (d)    the applicant:

                          (i)    is a suitable person to be granted the permit; and

                         (ii)    has appropriate insurance.

         (2)   The Minister may refuse to grant the permit if the Minister considers that it is in the public interest to do so.

         (3)   For subparagraph (1) (d) (i), the Minister must consider:

                (a)    the applicant’s financial viability; and

               (b)    the applicant’s previous record on environmental matters; and

                (c)    other relevant matters.

30            Commencement and duration of special transit permits

         (1)   A special transit permit commences on:

                (a)    the day on which the permit is granted; or

               (b)    if a later day of commencement is stated in the permit — the later day.

         (2)   A special transit permit has effect for a period stated in the permit of up to 1 year after the permit commences.

31            Matters to be specified in permit

         (1)   A special transit permit must set out the following details:

                (a)    in relation to the permit holder:

                          (i)    if the person is a company — the name and Australian Company Number of the company; and

                         (ii)    if the person is another type of organisation — the name of the organisation; and

                         (iii)    in any other case — the full name of the person; and

                        (iv)    the business address, telephone number and facsimile number of the person;

               (b)    in relation to the transit proposal to be carried out under the permit:

                          (i)    the type of hazardous waste to which the proposal relates; and

                         (ii)    the maximum quantity of the waste to be transported under the proposal; and

                         (iii)    how the waste is to be contained during transit; and

                        (iv)    how the waste is to be transported during transit; and

                         (v)    full details of the carrier transporting the waste (including name, business address, telephone number and facsimile number); and

                        (vi)    the time at which, or period during which, the waste is to be brought into Australia; and

                        (vii)    the port at which the waste is to be brought into Australia; and

                       (viii)    the time at which, or period during which, the waste is to be taken out of Australia; and

                        (ix)    the port from which the waste is to be taken out of Australia.

         (2)   The permit must also set out:

                (a)    the condition mentioned in regulation 32; and

               (b)    conditions specified by the Minister under regulation 33; and

                (c)    other information the Minister considers appropriate.

Division 4              Special permit conditions

32            Movement/Tracking form to accompany shipment of waste

         (1)   It is a condition of a special permit that each shipment of hazardous waste under the permit be accompanied by a completed Movement/Tracking form.

         (2)   The Movement/Tracking form must be in the form approved by the Minister.

33            Other conditions specified in special permits

         (1)   The Minister may:

                (a)    grant a special permit subject to conditions specified in it; and

               (b)    specify the day on or before which the permit holder must comply with the condition.

         (2)   The day specified may be before or after the particular export or import, or before or after the carrying out of the particular transit proposal, authorised by the permit.

         (3)   A special permit may be granted subject to a condition relating to the giving of 1 or more guarantees or security deposits for ensuring compliance by the permit holder with his or her obligations under, or arising out of, these Regulations.

         (4)   A special transit permit may be granted subject to conditions that the Minister considers necessary or desirable for the purposes of ensuring the particular transit proposals are carried out.

         (5)   A condition does not exclude the operation of a State or Territory law unless an intention to exclude the law is expressed in the permit.

Part 4                 Revocation, surrender and variation of special permits

Do not delete : Division placeholder

34            Revocation of permits

         (1)   The Minister may revoke a special permit if:

                (a)    the Minister becomes aware that:

                          (i)    information set out in, or given with, the application for the permit, a notice of variation of the application, or an application for variation of the permit, is false or misleading in a material detail; or

                         (ii)    the applicant for the permit, or variation of the permit, did not disclose information that ought reasonably to have been disclosed; or

               (b)    the Minister becomes aware of information about which, had the Minister been aware at the time of granting the permit, or variation of the permit, the Minister would not have granted the permit or variation; or

                (c)    the permit holder has contravened a condition to which the permit is subject.

         (2)   Before deciding to revoke a special permit, the Minister must consider:

                (a)    for the matters mentioned in paragraph (1) (a) — having regard to the seriousness of the false or misleading information or failure to disclose, whether a variation of the permit under regulation 41, rather than revocation of the permit, may be appropriate; and

               (b)    for the matter mentioned in paragraph (1) (c) — the type and seriousness of the contravention; and

                (c)    any other relevant matter.

      (2A)   Before deciding to revoke a special permit, the Minister:

                (a)    must allow the applicant access to, or give a copy to the applicant of, any material held by the Minister that suggests that the application should be revoked; and

               (b)    if the Minister considers that the applicant needs to know the name of the person or body from whom the material was obtained to enable the applicant to consider the material properly — may tell the applicant in writing the name of the person or body; and

                (c)    must invite the applicant in writing to give written comments on the material to the Minister.

      (2B)   Before making the decision, the Minister must consider any written comments made by the permit holder on the material.

         (3)   If a special permit authorises:

                (a)    a single import or export of hazardous waste; or

               (b)    the carrying out of a single transit proposal;

                the Minister may not revoke the permit after the import or export has taken place, or after the transit proposal has been carried out, as the case requires.

         (4)   If a special permit authorises:

                (a)    2 or more imports or exports of hazardous waste; or

               (b)    the carrying out of 2 or more transit proposals;

                a revocation of the permit applies only to an import or export, or the carrying out of a transit proposal, that has not begun at the time of the revocation.

         (5)   A revocation takes effect on the day on which the permit holder is given written notice of the revocation and the reasons for it.

35            Surrender of permits

         (1)   The holder of a special permit may surrender it by returning the permit to the Minister with written notice of its surrender.

         (2)   However, if the permit is a special import permit, it may not be surrendered after an import authorised by the permit has begun.

         (3)   Also, if the permit is a special export permit, it may not be surrendered after an export authorised by the permit has begun.

         (4)   Also, if the permit is a special transit permit, it may not be surrendered after the carrying out of a transit proposal authorised by the permit has begun.

         (5)   A surrender takes effect on the day on which the permit and notice are given to the Minister.

36            Applications to vary permits

         (1)   The holder of a special permit may apply to the Minister to vary the permit in a particular way.

         (2)   The holder of a special export permit or special import permit must apply to the Minister to vary the permit if, after the export or import of hazardous waste to which the permit relates, the waste is not dealt with in accordance with the permit.

         (3)   An application must:

                (a)    be in the form approved by the Minister; and

               (b)    set out, or be accompanied by, the information about the proposed variation as requested in the form.

37            Minister may request more information

         (1)   If the Minister needs more information to deal with a variation application, the Minister may ask the applicant to provide the information in writing.

         (2)   The request must be:

                (a)    in writing; and

               (b)    given to the applicant within 60 days after the Minister receives the application.

38            Acknowledgment and notification

         (1)   Within 3 working days after receiving a variation application, the Minister must give the applicant written acknowledgment of the receipt.

         (2)   Within 5 working days after receiving the application, the Minister must:

                (a)    for a proposed variation of a special export permit — give the competent authority of the importing country:

                          (i)    written notice of the receipt; and

                         (ii)    full details of the proposed variation; or

               (b)    for a proposed variation of a special import permit — give the competent authority of the exporting country written notice of the receipt; or

                (c)    for a proposed variation of a special transit permit — give the competent authority of the OECD country from which the hazardous waste concerned is to be exported, written notice of the receipt.

39            Decision on variation applications

         (1)   Subject to subregulation (3A), the Minister must vary, or refuse to vary, a special permit within 60 days after receiving an application to vary the permit.

         (2)   The Minister must vary the permit if the Minister is satisfied that, had the Minister been asked to grant, under these Regulations, the permit as proposed to be varied, the Minister would have done so.

         (3)   However, for an application to vary a special import permit to allow the export to an OECD country (other than the originating exporting country) of hazardous waste that, after import under the permit, was not dealt with in accordance with the permit, the Minister must not make the variation without the written consent of the original exporting country.

      (3A)   Before deciding an application to vary a special permit, the Minister:

                (a)    must allow the applicant access to, or give a copy to the applicant of, any material held by the Minister that suggests that the application should be refused; and

               (b)    if the Minister considers that the applicant needs to know the name of the person or body from whom the material was obtained to enable the applicant to consider the material properly — may tell the applicant in writing the name of the person or body; and

                (c)    must invite the applicant in writing to give written comments on the material to the Minister.

      (3B)   Before making the decision, the Minister must consider any written comments made by the applicant on the material.

         (4)   As soon as practicable after varying the permit or refusing to do so, the Minister must:

                (a)    give the applicant written notice of the decision and, if the decision is a refusal, the reasons for it; and

               (b)    if the decision relates to a special export permit — give the competent authority of the importing country written notice of the decision; and

                (c)    if the decision relates to a special import permit — give the competent authority of the exporting country written notice of the decision; and

               (d)    if the decision relates to a special transit permit — give the competent authority of the OECD country from which the hazardous waste concerned is to be exported, written notice of the decision.

         (5)   A variation takes effect:

                (a)    if a day is set out in the written notice given to the applicant — on that day; or

               (b)    if no day is set out — on the day after the day on which the notice is given.

         (6)   Contravention of subregulation (4) does not affect the validity of the decision.

40            Variation applications — circumstances affecting decision period

         (1)   If the holder of a special export permit applies to vary the permit and, within the period mentioned in subregulation 39 (1) (the decision period):

                (a)    the competent authority of the importing country has neither consented nor objected to the proposed variation; or

               (b)    if the applicant for the special export permit proposes to transport the hazardous waste to which the permit applies through a foreign country — the competent authority of that country has not decided whether transport of the waste through the country should be allowed;

                the decision period is extended until the end of 5 working days after the Ministerial receipt day.

         (2)   In subregulation (1):

Ministerial receipt day has the same meaning as in subregulation 15 (2).

         (3)   If the Minister considers that a decision on an application to vary a special permit cannot be made within the decision period (including, for a special export permit, that period as extended under subregulation (1)), the Minister may extend the period by not more than 60 days.

         (4)   If the Minister has invited the applicant to comment under paragraph 39 (3A) (c), the decision period is extended until the end of 15 working days after receipt by the Minister of any written comments made by the applicant.

      (4A)   If, within the decision period, action is begun under the EPIP Act in relation to a varied export or import proposal that is the subject of the application, the decision period is extended until the end of 5 working days after completion of the procedures required by that Act because of the action.

Note   See section 6 of the Act as to when action is begun under the EPIP Act in relation to a proposal, and when procedures under that Act are completed.

         (5)   If the decision period is extended by subregulation (4) or (4A), then, before the end of the period as so extended, the Minister may agree with the applicant, in writing, to extend the period further.

         (6)   As soon as practicable after extending the period under subregulation (5), the Minister must give written notice of the extension to the applicant and:

                (a)    if the extension relates to a special export permit — to the competent authority of the importing country; and

               (b)    if the extension relates to a special import permit — to the competent authority of the exporting country; and

                (c)    if the decision relates to a special transit permit — to the competent authority of the OECD country from which the hazardous waste concerned is to be exported.

         (7)   If the Minister has not varied the permit or refused to so by the end of the day by which the Minister is required by regulation 39 or this regulation to have done so, the Minister is taken to have:

                (a)    for an application to vary a special import permit or special transit permit relating to amber list hazardous waste — varied the permit; or

               (b)    in any other case — refused to vary the permit.

         (8)   A variation under paragraph (7) (a) takes effect on the day after the day mentioned in that subregulation.

41            Variation of permits without application

         (1)   Without the need for an application under regulation 36, the Minister may vary a special permit by giving written notice of the variation to the permit holder.

         (2)   A permit may be varied:

                (a)    by imposing a condition to which the permit is subject; or

               (b)    by varying or revoking a condition; or

                (c)    if a condition is to be complied with on or before a particular day — by varying the day.

         (3)   However, the Minister may vary a permit only if:

                (a)    the Minister becomes aware that:

                          (i)    information set out in, or given with, the application for the permit, a notice of variation of the application, or an application for variation of the permit, is false or misleading in a material detail; or

                         (ii)    the applicant for the permit, or variation of the permit, did not disclose information that ought reasonably to have been disclosed; or

               (b)    having regard to information that was not considered before granting the permit or variation of the permit, the Minister is satisfied that the variation is required to protect human beings or the environment from a significant risk of injury or damage.

         (4)   Before deciding to vary a permit, the Minister must consider:

                (a)    for the matters mentioned in paragraph (a) — having regard to the seriousness of the false or misleading information or failure to disclose, whether revocation, rather than variation, of the permit may be appropriate; and

               (b)    any other relevant matter.

      (4A)   Before deciding to vary a special permit without application, the Minister:

                (a)    must allow the permit holder access to, or give a copy to the permit holder of, any material held by the Minister that suggests that the permit should be varied; and

               (b)    if the Minister considers that the permit holder needs to know the name of the person or body from whom the material was obtained to enable the applicant to consider the material properly — may tell the permit holder in writing the name of the person or body; and

                (c)    must invite the permit holder in writing to give written comments on the material to the Minister.

      (4B)   Before making the decision, the Minister must consider any written comments made by the permit holder on the material.

         (5)   If the Minister varies a special permit under this regulation, the Minister must set out in the notice given to the permit holder the reasons for the variation.

         (6)   Regulation 33 applies to the imposition or variation of a condition under this regulation as if it were imposed at the time of granting the permit.

         (7)   A variation under this regulation takes effect:

                (a)    if a day is set out in the written notice given to the permit holder — on that day; or

               (b)    if no day is set out — on the day after the day on which the notice is given.

Part 5                 Miscellaneous

Do not delete : Division placeholder

42            Approval of recovery facilities

         (1)   The Minister may approve, in writing, a facility for the purpose of carrying out recovery operations on amber list hazardous waste imported under special import permits granted under these Regulations.

         (2)   The Minister must not approve a facility unless the Minister is satisfied that the facility is capable of carrying out recovery operations on amber list hazardous waste in a manner appropriate to give effect to Australia’s obligations under the OECD Decision.

43            Review of decisions

                Application may be made under the Administrative Appeals Tribunal Act 1974 to the Administrative Appeals Tribunal for review of a decision of the Minister:

                (a)    that particular amber list hazardous waste should be taken to be red list hazardous waste for a special permit application (see regulation 8); or

               (b)    to grant a special permit for less than a year (see regulations 17, 24 and 30); or

               (b)    refusing to approve a facility (see regulation 42).

Note   Section 57 of the Act provides for review of decisions relating to, among other things, the grant, revocation or variation of special permits and the imposition of conditions on special permits.

44            Delegation

                The Minister may delegate, in writing, any or all of the Minister’s functions and powers under these Regulations to:

                (a)    the Secretary to the Department; or

               (b)    an officer of the Senior Executive Service performing duty in the Department.


Schedule 1        Organisation for economic co‑operation and development

(regulation 4)

ORGANISATION FOR ECONOMIC
CO-OPERATION
AND DEVELOPMENT

 

GENERAL DISTRIBUTION

Paris, drafted:        06-Apr-1992

OLIS:          06-Apr-1992

dist.:   06-Apr-1992

C(92)39/FINAL

Or. Eng./Fre.

 

COUNCIL

DECISION OF THE COUNCIL

concerning the control of transfrontier movements of wastes destined for recovery operations* 

 

 

(adopted by the Council at its 778th Session on 30th March 1992)

THE COUNCIL,

Having regard to Article 5a) of the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960;

Having regard to the Decision and Recommendation of the Council of 1 February 1984 on Transfrontier Movements of Hazardous Waste [C(83)180(Final)] which requires Member countries to control transfrontier movements of hazardous wastes;

Having regard to the Decision of the Council of 27 May 1988 on Transfrontier Movements of Hazardous Wastes [C(88)90(Final)] which defines "wastes", identifies those wastes referred to as hazardous wastes in relevant Council Acts, and sets out a classification system for wastes subject to transfrontier movements;

Having regard to the Decision-Recommendation of the Council of 31 January 1991 on the Reduction of Transfrontier Movements of Wastes [C(90)178/FINAL] which, inter alia, calls for delineation of such controls as may be appropriate for the transfrontier movement of wastes destined for recovery operations, clarification of the definition of such wastes and characterization of those wastes which may require differing levels of control;

Having regard to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, adopted on 22 March 1989, and noting that most Member countries and the European Economic Community have become signatories to this Convention;

Desiring to conclude an arrangement or agreement under Article 11 of that Convention;

Noting that recovery of valuable raw materials from wastes has been an integral part of the international economic system and that well established international markets exist for the collection and processing of such wastes;

Noting further that many industrial sectors are already implementing waste recovery techniques in an economically and environmentally satisfactory manner, thus protecting limited virgin sources of raw materials, and convinced that further efforts in this direction are necessary and should be encouraged;

Recognising that efficient and environmentally sound management of wastes may justify some transfrontier movements of such wastes in order to make use of adequate recovery facilities in other countries;

Convinced however that, pursuant to the obligations set forth in the relevant Council Acts and compatible with the provisions of the Basel Convention, an appropriate system should be implemented to control transfrontier movements of those wastes destined for recovery operations;

Convinced that all persons involved in any contracts or arrangements for transfrontier movements of wastes destined for recovery operations must have the appropriate legal status to ensure environmentally sound management of these wastes; and

Recognizing that work is now in progress within the United Nations Environment Programme concerning the environmentally sound management of hazardous wastes.

On the proposal of the Environment Committee:

I.       DECIDES that Member countries shall control transfrontier movements of wastes destined for recovery operations within the OECD area as specified in Annex 1 which is an integral part of this Decision.

II.      INSTRUCTS the Environment Committee in co-operation with other relevant OECD bodies, in particular the Trade Committee, to review periodically the control system and the lists of wastes set out in Annex 1, taking into account the criteria listed in Annex 2, and to make any proposals it deems necessary for revisions of Annex 1.

III.     INSTRUCTS the Environment Committee in co-operation with other relevant OECD bodies to review annually action taken by Member countries in pursuance of this Decision.

IV.     REQUESTS the Secretary General to transmit this Decision to the Executive Director of the United Nations Environment Programme and the Interim Secretariat of the Basel Convention.

Annex 1

I.  DEFINITIONS

For the purposes of this Decision:

WASTES are as defined in OECD Council Decision C(88)90(Final) of 27 May 1988.

RECOVERY OPERATIONS mean activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses as listed in Table 2B of the Annex of OECD Council Decision C(88)90(Final) of 27 May 1988.

TRANSFRONTIER MOVEMENT means any shipment of wastes destined for recovery operations from an area under the national jurisdiction of one OECD Member country to an area under the national jurisdiction of another OECD Member country.

RECOVERY FACILITY means an entity which, under applicable domestic law, is operating or is authorized to operate in the importing country to receive wastes and to perform recovery operations on them.

INTERNATIONAL WASTE IDENTIFICATION CODE ("IWIC") is the classification system specified and described in OECD Council Decision C(88)90(Final) of 27 May 1988.

EXPORTING COUNTRY means any OECD Member country from which a transfrontier movement of wastes is planned or has commenced.

IMPORTING COUNTRY means any OECD Member country to which a transfrontier movement of wastes is planned or takes place for the purpose of submitting the wastes to recovery operations therein.

COUNTRY OF TRANSIT means any OECD Member country other than the exporting or importing country across which a transfrontier movement of wastes is planned or takes place.

CONCERNED COUNTRIES means the exporting and importing OECD Member countries and any OECD Member countries of transit.

OECD AREA means all land or marine areas under the national jurisdiction of any OECD Member country.

COMPETENT AUTHORITIES means the regulatory authorities of concerned countries having jurisdiction over transfrontier movements of wastes destined for recovery operations.

PERSON means any natural or legal person whether public or private.

NOTIFIER means the person under the jurisdiction of the exporting country who has, or will have at the time the planned transfrontier movement commences, possession or other forms of legal control of the wastes and who proposes their transfrontier movement for the ultimate purpose of submitting them to recovery operations.

CONSIGNEE means the person to whom possession or other form of legal control of the waste is assigned at the time the waste is received in the importing country.

RECOGNISED TRADER means a person who, with appropriate authorisation of concerned countries, acts in the role of principal to purchase and subsequently sell wastes; this person has legal control of such wastes from time of purchase to time of sale; such a person may act to arrange and facilitate transfrontier movements of wastes destined for recovery operations.

GENERATOR means a person whose activities create wastes.

II.  GENERAL PROVISIONS

(1)     All of the following conditions shall apply to transfrontier movements of wastes subject to this Decision:

(a)     The wastes shall be destined for recovery operations within a facility which, under applicable domestic law, is operating or is authorized to operate in the importing country;

(b)     The transfrontier movements shall be carried out under terms of applicable international transport agreements.  (Appendix 1 contains an illustrative list of such agreements); (c) Any transit of wastes through a non‑member country shall be subject to all applicable international and national laws and regulations.

(2)     A three-tiered system serves to delineate controls to be applied to such transfrontier movements:

(a)     "Green" tier

Wastes destined for recovery operations included on the green list shall move among OECD Member countries toward recovery operations subject to all existing controls normally applied in commercial transactions.  These provisions shall not apply to wastes on this list which are contaminated by other materials to an extent which increases the risks associated with the wastes sufficiently to render them appropriate for inclusion in the amber or red lists, when taking into account the criteria in Annex 2.

(b)     "Amber" tier

Wastes destined for recovery operations included in the amber list shall be subject to the control system set out in Section IV of this Annex.

(c)     "Red" tier

Wastes destined for recovery operations included in the red list shall be subject to the controls indicated in Section V of this Annex. 

(3)     The criteria listed in Annex 2 must be taken into account for evaluating wastes for inclusion on the green, amber or red lists.  In accord with provisions of this Decision, items may be added, altered or deleted periodically.  Subject to Section III (2) no single criterion shall be used in isolation in assigning wastes to the lists.

(4)     While the lists are intended to be exclusive, a specific waste included in either the amber or red lists might not be legally defined or considered to be a hazardous waste in the exporting country because the competent authorities of that country are satisfied that it does not exhibit any of the hazardous characteristics listed in Table 5 of OECD Council Decision C(88)90(Final) as determined using national procedures* .  If, however, this waste is legally defined or considered to be a hazardous waste by the importing country, then all of the requirements set forth in Section IV or Section V - whichever is applicable - shall apply as follows: the importing country shall assume the obligations of the exporting country under these Sections, in particular as regards the notification requirements.  A copy of the notification form must be transmitted to the competent authorities of the exporting country.  Member countries operating under provisions of this paragraph shall promptly inform the OECD Secretariat of the waste(s) involved and applicable legislative requirements.

(5)     Member countries who prescribe the use of certain tests and testing procedures in order to determine whether a waste exhibits one or more of the hazardous characteristics listed in Table 5 of OECD Council Decision C(88)90(Final) shall inform the OECD Secretariat concerning which tests and testing procedures are being so utilized; and, if possible, which wastes would or would not be legally defined or considered to be hazardous wastes based upon application of these national procedures.

(6)     This Decision does not prejudice the right of Member countries to control certain wastes which have been assigned to the green list as if those wastes had been assigned to one of the other lists, in conformity with domestic _legislation and the rules of international law, in order to protect human health and the environment.  In such cases, Member countries exercising this right shall immediately inform the OECD secretariat citing the specific waste(s) and applicable legislative requirements.

(7)     Wastes which are destined for recovery operations but have not yet been assigned to the green, amber or red lists shall be eligible for transfrontier movements pursuant to this Decision subject to the following conditions:

i)        Member countries shall identify such wastes and bring them to the attention of the review mechanism established by operative paragraphs II and III of this Decision;

ii)       such wastes shall be promptly examined by the Review Mechanism in order to assign them to the appropriate list;

iii)      pending assignment to a list, such wastes shall be subject to the controls required for the transfrontier movements of wastes by the domestic legislation of the concerned countries in order that no country is obliged to enforce laws other than its own;

iv)      however, if such wastes exhibit a hazardous characteristic listed in Table 5 of OECD Council Decision C(88)90(Final) as determined using national procedures and any applicable international agreements, such wastes shall be subject to controls applicable to the red tier.

(8)     If two or more lots of wastes are mixed and/or otherwise subjected to physical or chemical transformation operations, the person who performs these operations shall be deemed to be the generator of the new wastes resulting from these operations.

III.  GREEN TIER

(1)     Specific items included in the green list are shown under their corresponding main categories.  Only the items specified under a main category and not the main categories themselves are part of the green list.  (2) Wastes may not be included in the green list if they exhibit any of the hazardous characteristics listed in Table 5 of OECD Council Decision C(88)90(Final).  The procedures in force in each Member country for determining whether a specific waste does or does not exhibit one or more of these characteristics are taken into account in placing or not placing a waste onto the green list.

(3)     If green list wastes are re-exported, responsibilities of the exporting country under other relevant agreements or conventions shall transfer to the country initiating the re-export, and shall not apply to the original exporting country.

(4)     Green list of wastes

The green list of wastes is set out at Appendix 3. 

IV.  AMBER TIER

(1)     Conditions

Transfrontier movements of wastes under the amber control system may only occur under the terms of a valid written contract, or chain of contracts, or equivalent arrangements between facilities controlled by the same legal entity, starting with the notifier and terminating at the recovery facility.  All persons involved in the contracts, or arrangements shall have appropriate legal status.

Such contracts shall include provisions for financial guarantees in accordance with applicable national or international law requirements.  Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen.  These contracts shall also specify which party to the contract shall assume responsibility for alternate management of the wastes.  These contracts shall also specify and, as the case may be, require from the consignee the notification required in 3(a) below (Re-export to a Third Country).

In such cases :

i)        the person having actual possession or physical control over the wastes shall immediately inform the notifier and the competent authorities of the exporting and importing countries and, if the wastes are located in a country of transit, the competent authorities of that country;

ii)       the person specified in the contract shall assume responsibility for the adequate management of the wastes in compliance with applicable laws and regulations including, if necessary, their return.  The competent authorities of the concerned countries shall require that the necessary actions are carried out within a limited period of time, and shall not oppose, hinder or prevent the return of those wastes to the exporting country.

(2)     Control System

Procedures are provided under the amber control system for the following two cases:

i)        transactions which require consent for specific shipments to a recovery facility; and

ii)       transactions involving specific recovery facilities to which the competent authorities having jurisdiction over such recovery facilities have granted general pre-consent concerning the reception of certain wastes.

Case (1):     Provisions concerning transactions requiring specific consent.

(a)     Prior to commencement of the transfrontier movement, the notifier shall provide written notification to the competent authorities of the concerned countries; this notification shall include all of the information listed in Appendix 2.A.  The competent authorities of the exporting country may, in accord with domestic laws, decide to transmit this notification instead of the notifier.

(b)     The competent authorities of the importing country, upon receipt of the completed notification referred to in paragraph (a) above, shall transmit an acknowledgement to the notifier with a copy to the competent authorities of other concerned countries within three (3) working days of their receiving the notification. 

(c)     The competent authorities of the exporting and importing countries shall have thirty (30) days to object in accord with their respective domestic laws to the proposed transfrontier movement.  The 30-day period shall commence upon issuance of the acknowledgement referred at paragraph (b) above.

(d)     Countries of transit may, in accord with domestic laws, object to the transfrontier movement entering their territory.

(e)     Any objection by any of the concerned countries must be provided in writing to the notifier and to the competent authorities of other concerned countries within the 30-day period.

(f)      If no objection has been lodged, the transfrontier movement may commence after the 30-day period has passed.  Tacit consent, however, expires within one (1) calendar year from that date.

(g)     The competent authorities of the concerned countries may decide to provide written consent in a period less than the 30 days.  The transfrontier movement may commence immediately after all necessary consents are received.

(h)     Written consent or objection may be provided by post, or by telefax followed by post.  Such consent shall expire within one (1) calendar year unless otherwise specified.

(i)      Each transfrontier movement shall be accompanied by a tracking document which includes the information listed in Appendix 2.

(j)      Within three (3) days of the receipt of the wastes by the recovery facility, the recovery facility shall provide a signed copy of the tracking document to the notifier and to the competent authorities of the concerned countries.  The recovery facility shall retain the original of the tracking document for three (3) years.

(k)     In cases where essentially similar wastes (e.g.  those having essentially similar physical and chemical characteristics) are to be sent periodically to the same recovery facility by the same notifier, the competent authorities of the concerned countries may elect to accept one notification for these wastes for a period of up to one year:

i)        Such acceptance may be renewed for further periods of up to one year each;

ii)       Revocation of this acceptance may be accomplished by means of official notice to the notifier from any of the competent authorities of the concerned countries.  Notice of revocation of acceptance for shipments previously granted under this provision shall be given to the competent authorities of all concerned countries by the competent authorities of the country that revokes such acceptance.

Case (2):     Provisions relating to pre-consent by competent authorities for shipments to specific recovery facilities.

(a)     Competent authorities having jurisdiction over specific recovery facilities may decide not to raise objections concerning shipments of certain types of wastes to a specific recovery facility.  Such decisions can be limited to a specified period of time; however, they may be revoked at any time.

(b)     Competent authorities who elect this option shall inform the OECD Secretariat of the recovery facility name, address, technologies employed, waste types to which the pre-consent applies, and the period covered.  Any revocations must also be notified to the OECD Secretariat.

(c)     All proposed transfrontier movements to such facilities shall require notification; the notifier shall provide to the competent authorities of the concerned countries the information listed in Appendix 2.A.  Such notification shall arrive prior to the time the shipment is dispatched.

(d)     The competent authorities of the exporting and transit country may, in accord with their domestic laws, prohibit or otherwise restrict any such transfrontier movement.

(e)     In instances where competent authorities acting under terms of their domestic laws are required to review the contracts referred to in (1) above (Conditions), these authorities shall so inform the OECD Secretariat.  In such cases, the notification information plus the contract(s) or portions thereof to be reviewed must arrive seven (7) days prior to the time the shipment is dispatched in order that such review may be appropriately performed.

(f)      Paragraphs (i), (j) and (k) of Case (1) shall apply.

(3)     Additional provisions relating to re-export to a third country

(a)     Re-export from an importing country of wastes subject to the amber control system may only occur following notification by a notifier in the importing country to the competent authorities of the initial exporting country, which shall be acknowledged within three (3) working days of receipt.  The competent authorities of the initial exporting country shall have thirty (30) days to object to the proposed movement.  The 30-day period shall commence upon issue of the acknowledgement referred to above.  If no objection has been lodged, the transfrontier movement may commence after the 30-day period has passed.  The competent authorities may decide to provide written consent in a period of less than 30 days.  The transfrontier movement may commence immediately after such consent is received.  Written consent may be provided by telefax in the first instance, followed by post if required.

(b)     Re-export to a country outside the OECD area shall be fully subject to, and in accord with, all international agreements and arrangements to which the importing OECD Member country is a party.

(4)     Provisions relating to recognised traders

(a)     A recognised trader who takes physical custody of the wastes and intends to perform any of the operations in Table 2 B of OECD Council Decision C(88)90(Final) shall require appropriate authorisation from its competent authorities to act as a recovery facility.

(b)     A recognised trader may act as a notifier or consignee for wastes with all the responsibilities associated with being a notifier or consignee.

(c)     The contracts referred to in (1) above (Conditions) shall:

i)       clearly identify: the generator of each type of waste; each person who shall have physical custody of the wastes; each person who shall have legal control of the wastes; and the recovery facility;

ii)       provide that all requirements of this Decision are taken into account and are legally binding on all parties to the contracts.

(d)     The notification information called for at Appendix 2A shall include a signed declaration by the notifier that the appropriate contracts are in place and are legally enforceable in all concerned countries.

(e)     Competent authorities of the exporting and importing countries may under terms of their domestic laws require the notifier to provide copies of such contracts or portions thereof.

(f)      Any information contained in the contracts provided under terms of paragraph (e)  above shall be held as strictly confidential in accordance with, and to the extent allowable by, domestic laws.

(5)     Provisions relating to wastes designated for exchange or accumulation prior to submission to recovery operations designated R1-R11 in Table 2B of OECD Council Decision C(88)90(Final)

(a)     The notification information included in Appendix 2A shall also indicate that exchange or storage is foreseen for the wastes covered by the notification.

(b)     The competent authorities of concerned countries may request that the recovery facility where operations designated R1-R11 in Table 2B of Council Decision C(88)90(Final) will occur be identified.

(c)     The tracking document referred to in Appendix 2B shall accompany the wastes to the recovery facility noted in paragraph (b) above which shall then comply with paragraph (j) of (2) above (Control System).

(6)     Amber list of wastes

The amber list of wastes is set out at Appendix 4. 

V.  RED TIER

(1)     The red list represents certain specific substances which, even moved in an adequately managed way, nevertheless must be controlled in a more stringent way than provided for by the amber control system.  Wastes included in the red list shall be subject to the same controls as applied to wastes included in the amber list (see Section IV), and shall move in accord with Case (1), except that the importing and any transit countries must provide written consent prior to commencement of the transfrontier movement.

(2)     Red list of wastes The red list of wastes is set out at Appendix 5.

VI.  ACTIONS TO PROMOTE HARMONISED IMPLEMENTATION

(1)     Member countries individually, and as a group acting through the Review Mechanism established in this Decision, shall take appropriate steps toward improving the green, amber and red lists of wastes and toward uniform application of this Decision.

(2)     Member countries shall cooperate in efforts aimed at:

i)        developing procedures for evaluating the criteria in Annex 2 to determine to which list a waste should be assigned; and

ii)       harmonising procedures for determining whether a waste exhibits any of the hazardous characteristics listed in Table 5 of OECD Council Decision C(88)90(Final). 

(3)     Member countries shall cooperate to identify and assess steps taken toward optimization of environmentally sound and economically efficient practices for recovery operations of each waste.

(4)     When Sections II(4), II(6) and II(7) must be resorted to, Member countries shall cooperate to ensure that the provisions of this Decision are fully complied with.

(5)     The OECD Secretariat shall circulate to all Member countries the information provided in accordance with this Decision, in particular under Sections II(4), II(5), II(6) and II(7). 

Appendix 1

INTERNATIONAL TRANSPORT AGREEMENTS

1.    Chicago Convention:              Convention on International Civil Aviation (1944) Annex 18 which deals with the carriage of dangerous goods by air (T.I.: Technical Instructions for the Safe Transport of Dangerous Goods by Air);

2.    ADR:                                    Euroman Agreement concerning the International Carriage of Dangerous Goods by Road (1957);

3.    ADNR:                                 Regulations of the Carriage of Dangerous Substances on the Rhine (1970).

4.    MARPOL Convention:          International Convention for the Prevention of Pollution from Ships (1973/1978);

5.    SOLAS Convention:              International Convention for the Safety of Life at Sea (1974);

6.    IMDG Code:                         International Maritime Dangerous Goods Code; (incorporated into SOLAS since 1985)

7.    COTIF:                                 Convention concerning the International Carriage of Goods by Rail (1985);

8.    RID:                                      Regulation on the International Carriage by Rail of Dangerous Goods (1985) [Annex I to COTIF];

Appendix 2

NOTIFICATION AND TRACKING INFORMATION

A.  INFORMATION TO BE SUBMITTED UPON NOTIFICATION

1)      Serial number or other accepted identifier of notification form.

2)      Notifier name, address, telephone, telefax.

3)      Recovery facility name, address, telephone, telefax, and technologies employed

4)      Consignee if not the recovery facility, address, telephone, telefax

5)      Intended carrier(s) and/or their agents.

6)      Country of export and relevant competent authority

7)      Countries of transit and relevant competent authorities.

8)      Country of import and relevant competent authority.

9)      Is this a single notification or a general notification? If general, period of validity requested.

10)    Date foreseen for commencement of transfrontier movement.

11)    Certification that any applicable insurance or other financial guarantee is or shall be in force covering the transfrontier movement.

12)    Designation of waste type(s) on the appropriate list (amber or red) and their description(s), probable total quantity of each, and an accepted uniform classification code (such as the IWIC) for each.

13)    Certification of the existence of written contract or chain of contracts or equivalent arrangement as required by this Decision.

14)    Certification by notifier that the information is complete and correct to the best of his knowledge.

B.  TRACKING DOCUMENT

Include all information at A.  above plus

(a)     Date shipment was dispatched

(b)     Shipper (if not notifier), address, telephone, telefax

(c)     Actual carrier(s)

(d)     Means and mode of transport including types of packaging

(e)     Any special precautions to be taken by carrier(s)

(f)      Declaration by notifier that no objection has been lodged by the competent authorities of all concerned countries.  This declaration requires signature of the notifier.

(g)     Appropriate signatures for each custody transfer.

C.      ALL OF THIS INFORMATION SHALL BE PROVIDED ON A FORM TO BE DEVELOPED FOR USE WITHIN THE OECD AREA

D.      NOTE.  Under terms of domestic legislation, some Member countries require information in addition to that included in A and B above in order to assess aspects of the environmentally sound management of wastes.  Affected countries shall inform the OECD Secretariat and provide a list of the additional information needed.

Annex 2

CRITERIA

A) Properties

1)      Does the waste normally exhibit any of the hazardous characteristics listed in Table 5 of OECD Council Decision C(88)90(Final)? Furthermore, it is useful to know if the waste is legally defined as or considered to be a hazardous waste in one or more Member countries.

2)      Is the waste typically contaminated?

3)      What is the physical state of the waste?

4)      What is the degree of difficulty of cleanup in the case of accidental spillage or mismanagement?

5)      What is the economic value of the waste bearing in mind historical price fluctuations?

B)      Management

6)      Is there technological capability to recover the waste?

7)      Is there a history of adverse environmental incidents arising from transfrontier movements of the waste or associated recovery operations?

8)      Is the waste routinely traded through established channels and is that evidenced by commercial classification?

9)      Is the waste usually moved internationally under the terms of a valid contract or chain of contracts?

10)    What is the extent of reuse and recovery of the waste and how is any portion separated from the waste but not subject to recovery managed?

11)    What are the overall environmental benefits arising from the recovery operations?

Schedule 2        Appendixes 3, 4 and 5 to Annex 1 to the OECD Decision

Do not delete : Schedule Part placeholder

APPENDIX 3

GREEN LIST OF WASTES1

(revised April 1998)

Regardless of whether or not wastes are included on this list, they may not be moved as Green Tier wastes if they are contaminated by other materials to an extent which:

                (a)    increases the risks associated with the waste sufficiently to render it appropriate for inclusion in the amber or red lists, when taking into account the criteria in Annex 2, or

               (b)    prevents the recovery of the waste in an environmentally sound manner.

GA.     METAL AND METAL-ALLOY WASTES IN METALLIC, NON DISPERSIBLE FORM2

The following waste and scrap of precious metals and their alloys:

GA010       ex    711210     of gold

GA020       ex    711220     of platinum (the expression “platinum” includes platinum, iridium, osmium, palladium, rhodium and ruthenium)

GA030       ex    711290     of other precious metal, e.g., silver

                                           N.B. Mercury is specifically excluded as a contaminant of these metals or their alloys or amalgams.

The following waste and scrap of non-ferrous metals and their alloys:

GA120              740400     Copper waste and scrap

GA130              750300     Nickel waste and scrap

GA140              760200     Aluminium waste and scrap

GA150              780200     Lead waste and scrap

GA160              790200     Zinc waste and scrap

GA170              800200     Tin waste and scrap

GA180       ex    810191     Tungsten waste and scrap

GA190       ex    810291     Molybdenum waste and scrap

GA200       ex    810310     Tantalum waste and scrap

GA210              810420     Magnesium waste and scrap (excluding those listed in AA190)

GA220       ex    810510     Cobalt waste and scrap

GA230       ex    810600     Bismuth waste and scrap

GA240       ex    810710     Cadmium waste and scrap

GA250       ex    810810     Titanium waste and scrap

GA260       ex    810910     Zirconium waste and scrap

GA270       ex    811000     Antimony waste and scrap

GA280       ex    811100     Manganese waste and scrap

GA290       ex    811211     Beryllium waste and scrap

GA300       ex    811220     Chromium waste and scrap

GA310       ex    811230     Germanium waste and scrap

GA320       ex    811240     Vanadium waste and scrap

                   ex    811291     Wastes and scrap of

GA330                               Hafnium

GA340                               Indium

GA350                               Niobium

GA360                               Rhenium

GA370                               Gallium

GA400       ex    280490     Selenium waste and scrap

GA410       ex    280450     Tellurium waste and scrap

GA420       ex    280530     Rare earths waste and scrap

GA430              7204         Iron or steel scrap

GB.     METAL BEARING WASTES ARISING FROM MELTING, SMELTING AND REFINING OF METALS

GB010              262011     Hard zinc spelter

GB020                               Zinc containing drosses:

GB021                                         Galvanizing slab zinc top dross (>90% Zn)

GB022                                             Galvanizing slab zinc bottom dross (>92% Zn)

GB023                                             Zinc die casting dross (>85% Zn)

GB024                                             Hot dip galvanizers slab zinc dross (batch) (>92% Zn)

GB025                               Zinc skimmings

GB030                               Aluminium skimmings (excluding those that are flammable or emit, upon contact with water, flammable gases in dangerous quantities)

GB040       ex    262090     Slags from precious metals and copper processing for further refining

GB050       ex    262090     Tantalum bearing tin slags with less than 0.5 % tin

GC.     OTHER WASTES CONTAINING METALS

GC010                               Electrical assemblies consisting only of metals or alloys

GC020                               Electronic scrap (e.g. printed circuit boards, electronic components, wire, etc.) and reclaimed electronic components suitable for base and precious metal recovery

GC030       ex    890800     Vessels and other floating structures for breaking up, properly emptied of any cargo and other materials arising from the operation of the vessel which may have been classified as a dangerous substance or waste

GC040                               Motor vehicle wrecks, drained of liquids

                                           Spent catalysts excluding liquids used as catalysts:

GC050                               Spent Fluid Catalytic Cracking (FCC) Catalysts (eg: aluminium oxide, zeolites)

GC060                               Spent metal bearing catalysts containing any of:

                                           Precious metals:
Gold                            Silver

                                           Platinum-group metals:
Ruthenium                    Rhodium
Palladium                     Osmium
Iridium                         Platinum

                                           Transition metals:
Scandium                     Titanium
Vanadium                    Chromium
Manganese                  Iron
Cobalt                         Nickel
Copper                        Zinc
Yttrium                        Zirconium
Niobium                       Molybdenum
Hafnium                       Tantalum
Tungsten                      Rhenium

                                           Lanthanides (rare earth metals):
Lanthanum                   Cerium
Praesodinium               Neodymium
Samarium                     Europium
Gadolinium                   Terbium
Dysprosium                  Holmium
Erbium                         Thulium
Ytterbium                     Lutetium

GC070       ex    261900     Slags arising from the manufacture of iron and carbon steel (including low alloy steel) excluding those slags which have been specifically produced to meet both national and relevant international requirements and standards3

GC080       ex    261900     Mill scale (ferrous metal)

The following metal and metal alloy wastes in metallic dispersible form:

GC090                               Molybdenum

GC100                               Tungsten

GC110                               Tantalum

GC120                               Titanium

GC130                               Niobium

GC140                               Rhenium

GC150                               Gold

GC160                               Platinum (the expression “platinum” includes platinum, iridium, osmium, palladium, rhodium and ruthenium)

GC170                               Other precious metals, e.g. silver

N.B. Mercury is specifically excluded as a contaminant of these metals and their alloys or amalgams

GD.     WASTES FROM MINING OPERATIONS: THESE WASTES TO BE IN NON-DISPERSIBLE FORM

GD010       ex    250490     Natural graphite waste

GD020       ex    251400     Slate waste, whether or not roughly trimmed or merely cut, by sawing or otherwise

GD030              252530     Mica waste

GD040       ex    252930     Leucite, nepheline and nepheline syenite waste

GD050       ex    252910     Felspar waste

GD060       ex    252921     Fluospar waste

                   ex    252922

GD070       ex    281122     Silica wastes in solid form excluding those used in foundry operations

GE.     GLASS WASTE IN NON-DISPERSIBLE FORM

GE010        ex    700100     Cullet or other waste and scrap of glass except for glass from cathode-ray tubes and other activated (with coatings) glasses

GE020                                Glass fibre wastes

GF.      CERAMIC WASTES IN NON-DISPERSIBLE FORM

GF010                                Ceramic wastes which have been fired after shaping, including ceramic vessels (before and/or after use)

GF020        ex    811300     Cermet wastes and scrap (metal ceramic composites)

GF030                                Ceramic based fibres not elsewhere specified or included

GG.     OTHER WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS

GG010                               Partially refined calcium sulphate produced from flue gas desulphurisation (FGD)

GG020                               Waste gypsum wallboard or plasterboard arising from the demolition of buildings

GG030       ex    2621         Bottom ash and slag tap from coal fired power plants

GG040       ex    2621         Coal fired power plants fly ash

GG050                               Anode butts of petroleum coke and/or bitumen

GG060       ex    2803         Spent activated carbon, resulting from the treatment of potable water and processes of the food industry and vitamin production

GG080       ex    262100     Slag from copper production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications (e.g. DIN 4301 and DIN 8201) mainly for construction and abrasive applications

GG090                               Sulphur in solid form

GG100                               Limestone from the production of calcium cyanamide (having a pH less than 9)

GG110       ex    262100     Neutralized red mud from alumina production

GG120                               Sodium, potassium, calcium chlorides

GG130                               Carborundum (silicon carbide)

GG140                               Broken concrete

GG150       ex    262090     Lithium-Tantalum and Lithium-Niobium containing glass scraps

GG160                               Bituminous materials (asphalt waste) from road construction and maintenance, not containing tar

GH.     SOLID PLASTIC WASTES:

Including, but not limited to:

GH010              3915         Waste, parings and scrap of plastics of:

GH011       ex    391510     Polymers of ethylene

GH012       ex    391520     Polymers of styrene

GH013       ex    391530     Polymers of vinyl chloride

GH014       ex    391590     Polymers or co-polymers e.g.:
•      polypropylene
•      polyethylene terephthalate
•      acrylonitrile copolymer
•      butadiene copolymer
•      styrene copolymer
•      polyamides
•      polybutylene terephthalate
•      polycarbonates
•      polyphenylene sulphides
•      acrylic polymers
•      paraffins (C10-C13)4
•      polyurethane (not containing
       chlorofluorocarbons)
•      polysiloxalanes (silicones)
•      polymethyl methacrylate
•      polyvinyl alcohol
•      polyvinyl butyral
•      polyvinyl acetate
•      polymers of fluorinated
       ethylene (Teflon, PTFE)

GH015       ex    391590     Resins or condensation products e.g.:
•      urea formaldehyde resins
•      phenol formaldehyde resins
•      melamine formaldehyde resins
•      epoxy resins
•      alkyd resins
•      polyamides

GI.      PAPER, PAPERBOARD AND PAPER PRODUCT WASTES:

GI010                4707         Waste and scrap of paper or paperboard:

GI011                470710                of unbleached kraft paper or paperboard or of corrugated paper or paperboard

GI012                470720                of other paper or paperboard, made mainly of bleached chemical pulp, not colored in the mass

GI013                470730                of paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter)

GI014                470790                other, including but not limited to:

                                                        (i)       laminated paperboard
                                                       (ii)       unsorted waste and scrap

GJ.      TEXTILE WASTES:

GJ010               5003         Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock)

GJ011               500310                not carded or combed

GJ012               500390                other

GJ020               5103         Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock

GJ021               510310                noils of wool or of fine animal hair

GJ022               510320                other waste of wool or of fine animal hair

GJ023               510330                waste of coarse animal hair

GJ030               5202         Cotton waste (including yarn waste and garnetted stock)

GJ031               520210                yarn waste (including thread waste)

GJ032               520291                garnetted stock

GJ033               520299                other

GJ040               530130     Flax tow and waste

GJ050        ex    530290     Tow and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa L.)

GJ060        ex    530390     Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie)

GJ070        ex    530490     Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave

GJ080        ex    530519     Tow, noils and waste (including yarn waste and garnetted stock) of coconut

GJ090        ex    530529     Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textilis Nee)

GJ100        ex    530599     Tow, noils and waste (including yarn waste and garnetted stock) of ramie and other vegetable textile fibres, not elsewhere specified or included

GJ110               5505         Waste (including noils, yarn waste and garnetted stock) of man-madefibres

GJ111               550510                of synthetic fibres

GJ112               550520                of artificial fibres

GJ120               630900     Worn clothing and other worn textile articles

GJ130        ex    6310         Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile materials

GJ131        ex    631010                sorted

GJ132        ex    631090                other

GJ140        ex   6310         Waste textile floor coverings, carpets

GK.     RUBBER WASTES:

GK010              400400     Waste, parings and scrap of rubber (other than hard rubber) and granules obtained therefrom

GK020              401220     Used pneumatic tyres

GK030       ex    401700     Waste and scrap of hard rubber (for example, ebonite)

GL.     UNTREATED CORK AND WOOD WASTES:

GL010        ex    440130     Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

GL020               450190     Cork waste; crushed, granulated or ground cork

GM.    WASTES ARISING FROM AGRO-FOOD INDUSTRIES

GM070      ex    2307         Wine lees

GM080      ex    2308         Dried and sterilized vegetable waste, residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included

GM090             152200     Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes

GM100             050690     Waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised

GM110      ex    051191     Fish waste

GM120             180200     Cocoa shells, husks, skins and other cocoa waste

GM130                              Wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption

GM140      ex    1500         Waste edible fats and oils of animal or vegetable origin (e.g. frying oils)

GN.     WASTES ARISING FROM TANNING AND FELLMONGERY OPERATIONS AND LEATHER USE

GN010       ex    050200     Waste of pigs’, hogs’ or boars’ bristles and hair or of badger hair and other brush making hair

GN020       ex    050300     Horsehair waste, whether or not put up as a layer with or without supporting material

GN030       ex    050590     Waste of skins and other parts of birds, with their feathers or down, of feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation

GN040       ex    411000     Parings and other waste of leather or of composition leather, not suitable for the manufacture of leather articles, excluding leather sludges

GO.     OTHER WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS

GO010       ex    050100     Waste of human hair

GO020                               Waste straw

GO030                               Deactivated fungus mycelium from penicillin production to be used as animal feed

GO040                               Waste photographic film and paper (including base and photo-sensitive coating), whether or not containing silver and not containing silver in free ionic form

GO050                               Single use cameras without batteries

APPENDIX 4

AMBER LIST OF WASTES1

(revised April 1998)

Regardless of whether or not wastes are included on this list, they may not be moved as Amber Tier wastes if they are contaminated by other materials to an extent which:

                (a)    increases the risks associated with the waste sufficiently to render it appropriate for inclusion in the red list, when taking into account the criteria in Annex 2, or

               (b)    prevents the recovery of the waste in an environmentally sound manner.

AA.   METAL BEARING WASTES

AA010        ex    261900     Dross, scalings and other wastes from the manufacture of iron and steel2

AA020        ex    262019     Zinc ashes and residues2

AA030               262020     Lead ashes and residues2

AA040        ex    262030     Copper ashes and residues2

AA050        ex    262040     Aluminium ashes and residues2

AA060        ex    262050     Vanadium ashes and residues 2

AA070               262090     Ashes and residues2 containing metals or metal compounds not elsewhere specified or included

AA080        ex    811291     Thallium waste, scrap and residues

AA090        ex    280480     Arsenic waste and residues2

AA100        ex    280540     Mercury waste and residues2

AA110                                Residues from alumina production not elsewhere specified or included

AA120                                Galvanic sludges

AA130                                Liquors from the pickling of metals

AA140                               Leaching residues from zinc processing, dusts and sludges such as jarosite, hematite, goethite, etc.

AA150                               Precious metal bearing residues in solid form which contain traces of inorganic cyanides

AA160                               Precious metal ash, sludge, dust and other residues such as:

AA161                                           ash from incineration of printed circuit boards

AA162                               photographic film ash

AA170                               Lead-acid batteries, whole or crushed

AA180                               Used batteries or accumulators, whole or crushed, other than lead-acid batteries, and waste and scrap arising from the production of batteries and accumulators, not elsewhere specified or included

AA190        810420            Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities.

AB.     WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS

AB010               262100     Slag, ash and residues2 , not elsewhere specified or included

AB020                               Residues arising from the combustion of municipal/household wastes

AB030                               Wastes from non-cyanide based systems which arise from surface treatment of metals

AB040        ex    700100     Glass waste from cathode-ray tubes and other activated glasses

AB050        ex    252921     Calcium fluoride sludge

AB060                               Other inorganic fluorine compounds in the form of liquids or sludges

AB070                               Sands used in foundry operations

AB080                               Spent catalysts not on the Green List

AB090                                Waste hydrates of aluminium

AB100                                Waste alumina

AB110                                Basic solutions

AB120                                Inorganic halide compounds, not elsewhere specified or included

AB130                                Used blasting grit

AB140                                Gypsum arising from chemical industry processes

AB150                                Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD)

AC.     WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS

AC010        ex    271390     Waste from the production/processing of petroleum coke and bitumen, excluding anode butts

AC020                                Bituminous materials (asphalt waste) not elsewhere specified or included

AC030                                Waste oils unfit for their originally intended use

AC040                                Leaded petrol (gasoline) sludges

AC050                                Thermal (heat transfer) fluids

AC060                                Hydraulic fluids

AC070                                Brake fluids

AC080                                Antifreeze fluids

AC090                                Wastes from production, formulation and use of resins, latex, plasticisers, glues and adhesives

AC100        ex    391590     Nitrocellulose

AC110                                Phenols, phenol compounds including chlorophenol in the form of liquids or sludges

AC120                                Polychlorinated naphthalenes

AC130                                Ethers

AC140                                Triethylamine catalysts for setting foundry sands

AC150                                Chlorofluorocarbons

AC160                                Halons

AC170                                Treated cork and wood wastes

AC180        ex    411000     Leather dust, ash, sludges and flours

AC190                                Fluff — light fraction from automobile shredding

AC200                                Organic phosphorous compounds

AC210                                Non-halogenated solvents

AC220                                Halogenated solvents

AC230                                Halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations

AC240                                Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethanes, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin)

AC250                                Surface active agents (surfactants)

AC260                                Liquid pig manure; faeces

AC270                                Sewage sludge

AD.     WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS

AD010                               Wastes from the production and preparation of pharmaceutical products

AD020                               Wastes from the production, formulation and use of biocides and phytopharmaceuticals

AD030                               Wastes from the manufacture, formulation and use of wood preserving chemicals

Wastes that contain, consist of or are contaminated with any of the following:

AD040                               Inorganic cyanides, excepting precious metal-bearing residues in solid form containing traces of inorganic cyanides

AD050                               Organic cyanides

AD060                               Waste oils/water, hydrocarbons/water mixtures, emulsions

AD070                               Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish

AD080                               Wastes of an explosive nature, when not subject to specific other legislation

AD090                               Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included

AD100                               Wastes from non-cyanide based systems which arise from surface treatment of plastics

AD110                               Acidic solutions

AD120                               Ion exchange resins

AD130                               Single use cameras with batteries

AD140                               Wastes from industrial pollution control devices for cleaning of industrial off-gases, not elsewhere specified or included

AD150                               Naturally occurring organic material used as a filter medium (such as bio-filters)

AD160                               Municipal/household wastes3

AD170       ex    2803         Spent activated carbon having hazardous characteristics and resulting from its use in the inorganic chemical, organic chemical and pharmaceutical industries, waste water treatment, gas/air cleaning processes and similar applications.

APPENDIX 5

RED LIST OF WASTES

(revised April 1998)

“Containing” or “contamined with”, when used in this list, mean that the substance referred to is present to an extent which:

                (a)    renders the waste hazardous when taking into account the criteria in Annex 2, or

               (b)    renders it not suitable for submission to a recovery operation.

RA.     WASTES CONTAINING PRINCIPALLLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS

RA010                               Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB) and/or polychlorinated terphenyl (PCT) and/or polybrominated biphenyl (PBB), including any other polybrominated analogues of these compounds, at a concentration level of 50mg/kg or more

RA020                               Waste tarry residues (excluding those listed in AC020) arising from refining, distillation and any pyrolitic treatment of organic materials

RB.     WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS

RB010                               Asbestos (dusts and fibres)

RB020                               Ceramic based fibres of physico-chemical characteristics similar to those of asbestos

RC.     WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS

Wastes that contain, consist of or are contaminated with any of the following:

RC010                                      -   any congenor of polychlorinated dibenzo-furan

RC020                                      -   any congenor of polychlorinated dibenzo-dioxin

RC030                               Leaded anti-knock compound sludges

RC040                               Peroxides other than hydrogen peroxide


Notes to the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996

Note 1

The Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996 (in force under the Hazardous Waste (Regulation of Exports and Imports) Act 1989) as shown in this consolidation comprise Statutory Rules 1996 No. 283 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1996 No. 283

12 Dec 1996

12 Dec 1996

 

1999 No. 74

19 May 1999

19 May 1999

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1..........................................

rs. 1999 No. 74

R. 4..........................................

am. 1999 No. 74

R. 6..........................................

am. 1999 No. 74

Note to r. 6 (1)........................

ad. 1999 No. 74

R. 7..........................................

am. 1999 No. 74

Note to r. 7 (1)........................

ad. 1999 No. 74

Note 2 to r. 7..........................

ad. 1999 No. 74

R. 8..........................................

am. 1999 No. 74

Rr. 13–16...............................

am. 1999 No. 74

R. 17........................................

rs. 1999 No. 74

Heading to r. 19....................

rs. 1999 No. 74

Rr. 19-22................................

am. 1999 No. 74

R. 24........................................

rs. 1999 No. 74

Heading to r. 26....................

rs. 1999 No. 74

Rr. 26–28...............................

am. 1999 No. 74

R. 30........................................

rs. 1999 No. 74

R. 34........................................

am. 1999 No. 74

Rr. 39-41................................

am. 1999 No. 74

Schedule 1.............................

am. 1999 No. 74

Schedule 2.............................

rs. 1999 No. 74


 



*Recovery operations are listed in Table 2.B of the Annex to OECD Decision C(88)90(FINAL).

Note   The Table is reproduced after the definition of recovery operation in subregulation 4 (1).

* The potential hazards posed by certain types of wastes are not yet fully documented; tests to define quantitatively these hazards do not exist.  Further research is necessary in order to develop means to characterise potential hazards posed to man and/or the environment by these wastes.  Standardized tests have been derived with respect to pure substances and materials.  Many Member countries have developed tests which can be applied to materials destined for disposal by means of operations listed in Table 2 of OECD Council Decision C(88)90(Final) in order to decide if these materials exhibit any of the hazardous characteristics listed in Table 5 of that Decision.

1           Whenever possible, the code number of the Harmonized Commodity Description and Coding System, established by the Brussels Convention of 14th June 1983 under the auspices of the Customs Co-operation Council (Harmonized System Code) is listed opposite an entry. This code may apply to both wastes and products. This Decision does not include items which are not wastes. Therefore, the code (used by customs officials in order to facilitate their procedures as well as by others) is only provided here to help in identifying wastes that are listed and subject to this Decision. However, corresponding official Explanatory Notes as issued by the Customs Co-operation Council should be used as interpretative guidance to identify wastes covered by generic headings. The indicative “ex” identifies a specific item contained within a heading of the Harmonized System Code.

             The code in bold in the first column is the OECD code: it consists of 2 letters (one for the list: Green, Amber or Red and the other for the category of waste: A, B, C …) followed by a number.

2           “Non-dispersible” does not include any wastes in the form of powder, sludge, dust or solid items containing encased hazardous waste liquids.

3           This entry covers the use of such slags as a source of titanium dioxide and vanadium.

4           These cannot be polymerised and are used as plasticisers.

1           Whenever possible, the code number of the Harmonized Commodity Description and Coding System, established by the Brussels Convention of 14th June 1983 under the auspices of the Customs Co-operation Council (Harmonized System Code) is listed opposite an entry. This code may apply to both wastes and products. This Decision does not include items which are not wastes. Therefore, the code — used by customs officials in order to facilitate their procedures as well as by others — is only provided here to help in identifying wastes that are listed and subject to this Decision. However, corresponding official Explanatory Notes as issued by the Customs Co-operation Council should be used as interpretative guidance to identify wastes covered by generic headings. The indicative “ex” identifies a specific item contained within a heading of the Harmonized System Code.

             The code in bold in the first column is the OECD code: it consists of two letters (one for the list: Green, Amber or Red and one for the category of waste: ABC …) followed by a number.

2           This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere.

 

 

 

2           This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere.

 

 

 

 

 

2           This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere.

 

3           In the Basel Convention household wastes (defined as an “other waste”) are controlled when they are subject to transfrontier movements. Therefore under this Decision all household wastes (and not just those which exhibit a hazardous characteristic) will be subject to the procedures in Section IV (Amber Tier). Until exporting countries have the legal authority to control transfrontier movements of household wastes, the provisions in Section II (4) will be applied.