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SR 1996 No. 284 Regulations as made
Principal Regulations
Administered by: Climate Change, Energy, the Environment and Water
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 01
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR12-Dec-1996
Tabled Senate14-Dec-1996
Gazetted 12 Dec 1996

Statutory Rules 1996   No. 2841

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Hazardous Waste (Regulation of Exports and Imports) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

Dated 11 December 1996.

 

                                                                                 WILLIAM DEANE

                                                                                   Governor-General

By His Excellency’s Command,

 

 

ROBERT HILL

Minister for the Environment

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Citation

               1.   These Regulations may be cited as the Hazardous Waste (Regulation of Exports and Imports) Regulations.

Commencement

               2.   These Regulations commence on 12 December 1996.

Interpretation

               3.   In these Regulations:

“Act” means the Hazardous Waste (Regulation of Exports and Imports) Act 1989;

“List B” means the list of wastes, so named, that is set out in Appendix II to the Report, dated 26 April 1996, of the tenth session  of the Technical Working Group to prepare draft technical guidelines for the environmentally sound management of hazardous wastes subject to the Basel Convention, a subsidiary body of the Conference of the Parties to the Basel Convention, United Nations Environment Programme;

“recovery operation” means an operation mentioned in Part B of Annex IV to the Basel Convention.

[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 (1) (a).  Section 4 of the Act includes definitions of “Basel Convention”, “Basel export permit”, “Basel import permit”, “competent authority”, “foreign country” and “hazardous waste”.]

Household waste—exclusions

               4.   For the definition of “household waste” in section 4 of the Act, waste mentioned in items B1, B5, B8, B9 and B14 in List B is specified.

[Note:         A copy of these items is set out in the Schedule.]

Application for Basel export permit—information to be given to foreign country

               5.   For subsection 15A (3) of the Act, the Minister must give the competent authority of the foreign country the information mentioned in Annex VA to the Basel Convention.

[Note:         A copy of the English text of the Basel Convention is set out in the Schedule to the Act.]

Application to vary Basel export permit—information to be given to foreign country

               6.   For subsection 28A (2) of the Act, the Minister must give the competent authority of the foreign country the information mentioned in Annex VA to the Basel Convention.

[Note:         A copy of the English text of the Basel Convention is set out in the Schedule to the Act.]

Approval of recovery facilities

               7.   (1)    The Minister may approve, in writing, a facility for the purpose of carrying out recovery operations on hazardous waste imported under Basel import permits granted under the Act.

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

Review of decisions

               8.   Application may be made under the Administrative Appeals Tribunal Act 1974 to the Administrative Appeals Tribunal for review of a decision of the Minister refusing to approve a facility under regulation 7.

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                                                 SCHEDULE                            Regulation 4

 

List b

 

B1     Metal and metal-alloy wastes in metallic, non-dispersible form:

-        Precious metals (gold, silver, the platinum group, but not     mercury)

-        Iron and steel scrap

-        Copper scrap

-        Nickel scrap

-        Alumium scrap

-        Zinc scrap

-        Tin scrap

-        Tungsten scrap

-        Molybdenum scrap

-        Tantalum scrap

-        Magnesium scrap

-        Cobalt scrap

-        Bismuth scrap

-        Titanium scrap

-        Zirconium scrap

-        Manganese scrap

-        Germanium scrap

-        Vandium scrap

-        Scrap of Hafnium, Indium, Niobium, Rhenium and    Gallium

-        Thorium scrap

-        Rare earths scrap

 

 

B5 Glass waste in non-dispersible form:

 

•     Cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses


B8 Paper, paperboard and paper product wastes

 

The following materials, provided they are not mixed with other wastes and are prepared to a specification:

 

•        Waste and scrap of paper or paperboard of:

-     unbleached paper or paperboard or of corrugated paper or paperboard

-     other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass

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

-     other, including but not limited to:

      (1)         laminated paperboard

      (2)         unsorted scrap

 

 

B9     Textile wastes

 

The following materials, provided they are not mixed with other wastes and are prepared to a specification:

 

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

-         not carded or combed

-         other

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

-         noils of wool or of fine animal hair

-         other waste of wool or of fine animal hair

-         waste of coarse animal hair

•        Cotton waste (including yarn waste and garnetted stock)

-         yarn waste (including thread waste)

-         garnetted stock

-         other

•        Flax tow and waste

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

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

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

•       Tow, noils and waste (including yarn waste and garnetted stock) of coconut

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

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

•       Waste (including noils, yarn waste and garnetted stock) of man-made fibres

         -         of synthetic fibres

         -         of artificial fibres

•       Worn clothing and other worn textile articles

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

-        sorted

-        other

 

 

B14   Solid plastic waste:

 

The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to a specification:

 

Scrap plastic of polymers and co-polymers of:

 

-         ethylene

-         styrene

-         polypropylene

-         polyethylene terephthalate

-         acrylonitrile

-         butadiene

-         polyacetals

-         polyamides

-         polybutylene terephthalate

-         polycarbonates

-         polyethers

-         polyphenylene sulphides

-         acrylic polymers

-         alkanes C10-C13 (plasticiser)

-         polyurethane (not containing CFCs)

-         polysiloxanes

-         polymethyl methacrylate

-         polyvinyl alcohol

-         polyvinyl butyral

-         polyvinyl acetate

 

Resins or condensation products:

 

-         urea formaldehyde resins

-         phenol formaldehyde resins

-         melamine formaldehyde resins

-         expoxy resins

-         alkyd resins

-         polyamides

 

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NOTE

1.   Notified in the Commonwealth of Australia Gazette on 12 December 1996.