Statutory Rules 1996   No. 2851

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Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations2 (Amendment)

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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1.   Commencement

1.1   These Regulations commence on 12 December 1996.

2.   Amendment

2.1   The Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Interpretation)

3.1   Omit the regulation, substitute:

Interpretation

 2. In these Regulations:

‘Act’ means the Hazardous Waste (Regulation of Exports and Imports) Act 1989;

‘approved recovery facility’, for a Basel import permit, means a facility approved under regulation 7 of the Hazardous Waste (Regulation of Exports and Imports) Regulations;

‘approved recovery facility’ for a special import permit under the OECD Decision Regulations, means a facility approved under regulation 42 of those Regulations;

‘OECD Decision’ has the same meaning as in the OECD Decision Regulations;

‘OECD Decision Regulations’ means the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations.

“[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).  For example, section 4 of the Act includes definitions of ‘Basel Convention’, ‘Basel export permit’, ‘Basel import permit’, ‘Basel transit permit’, ‘special export permit’, ‘special import permit’, and ‘special transit permit’.]”.


4.   Schedule (Fees for application)

4.1   Omit the Schedule, substitute:

 SCHEDULE Regulation 3

APPLICATION AND NOTICE FEES

 

Column 1

Item

Column 2

Application or notice

Column 3

Fee

 

 

 

$

 

Basel permits

 

 

1

application for a Basel export permit (other than an application mentioned in item 2)

 

4,440

2

application for a Basel export permit:

(a) made within 12 months of the grant of a permit of the same type; and

(b) in relation to an export proposal of the same type as the proposal to which the earlier permit relates; and

(c) the grant of which being:

 (i) consequent on the earlier permit ceasing to be in force; and

 (ii) subject to the same conditions

 

420

3

in relation to an application for a Basel export permit—a notice given in accordance with the Basel Convention to a foreign country through which the waste is to be transported

 

110

4

application for a Basel import permit (other than an application mentioned in item 5)

 

270

 


SCHEDULE —continued

 

Column 1

Item

Column 2

Application or notice

Column 3

Fee

 

 

 

$

 

5

application for a Basel import permit  authorising hazardous waste to be sent to an approved recovery facility

 

210

 

6

application for a Basel transit permit

 

110

 

7

application to vary a Basel export permit

370

 

8

application to vary a Basel import permit

210

 

9

application to vary a Basel transit permit

 

 

110

 

 

Special permits under the OECD Decision Regulations

 

 

10

application for a special export permit (other than an application mentioned in item 12)

 

480

11

in relation to an application for a special export permit—a notice given in accordance with the OECD Decision to a foreign country through which the waste is to be transported

 

110


SCHEDULE—continued

 

Column 1

Item

Column 2

Application or notice

Column 3

Fee

 

 

 

$

 

12

application for a special export permit:

(a) made within 12 months of the grant of a permit of the same type; and

(b) in relation to an export proposal of the same type as the proposal to which the earlier permit relates; and

(c) the grant of which being:

 (i) consequent on the earlier permit ceasing to be in force; and

 (ii) subject to the same conditions.

 

420

13

application for a special import permit (other than an application mentioned in item 14)

 

270

14

application for a special import permit  authorising hazardous waste to be sent to an approved recovery facility

 

210

 

15

application for a special transit permit

 

110

 

16

application to vary a special export permit

 

370

 

17

application to vary a special import permit, (other than an application mentioned item 18)

 

210

18

application to vary a special import permit authorising hazardous waste to be sent to an approved recovery facility

 

110

19

application to vary a special transit permit

 

110

 

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NOTES

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

2. Statutory Rules 1990 No. 130.