(regulation 3)

Do not delete : Schedule Part placeholder

[1] Regulation 1

substitute

1 Name of regulations

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

[2] Subregulation 4 (1), after the definition of approved recovery facility

insert

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

[3] Subregulation 4 (1), definition of recovery operation

substitute

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.

[4] Paragraph 6 (1) (a)

substitute

(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

[5]

Note After subregulation 6 (1), insert the following note:

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.

[6] Paragraph 7 (1) (a)

substitute

(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

[7]

Note After subregulation 7 (1), insert the following note:

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.

[8]

Note After regulation 7, insert the following note:

Note 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.

[9] Subregulation 8 (4)

after

Minister

insert

must

[10] Regulation 13, definition of decision period

after

subregulation 15 (1)

insert

, (3), (5), (5A) or (6)

[11] After subregulation 14 (3)

insert

(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

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

[12] Subregulation 15 (1)

substitute

(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.

[13] Subregulation 15 (2)

omit

“Ministerial receipt day” means:

insert

In subregulation (1), Ministerial receipt day means:

[14] Subregulations 15 (5) and (6)

substitute

(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.

[15] Subregulation 16 (2)

omit

Minster

insert

Minister

[16] Subregulation 16 (3)

omit

Minster

insert

Minister

[17] Subregulation 16 (6)

substitute

(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).

[18] Regulation 17

substitute

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.

[19] Regulation 19, heading

substitute

19 Definition for Division 2

[20] Regulation 19, definition of decision period

substitute

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).

[21] After subregulation 20 (3)

insert

(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

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

[22] Subregulations 21 (2), (3) and (4)

substitute

(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.

[23] Subregulations 22 (2), (3), (4) and (5)

substitute

(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.

[24] Regulation 24

substitute

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] Regulation 26, heading

substitute

26 Definition for Division 3

[26] Regulation 26, definition of decision period

substitute

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] After subregulation 27 (3)

insert

(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

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

[28] Subregulations 28 (2), (3) and (4)

substitute

(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.

(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.

[29] Regulation 30

substitute

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.

[30] Subregulation 34 (2)

omit

a permit

insert

a special permit

[31] Paragraph 34 (2) (a)

omit

paragraph (a)

insert

paragraph (1) (a)

[32] Paragraph 34 (2) (b)

omit

paragraph (c)

insert

paragraph (1) (c)

[33] After subregulation 34 (2)

insert

(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

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

[34] Subregulation 39 (1)

substitute

(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.

[35] After subregulation 39 (3)

insert

(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

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

[36] Subregulations 40 (1), (2), (3), (4), (5) and (6)

substitute

(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.

[37] After subregulation 41 (4)

insert

(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

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

[38] Schedule 1, footnote to the first page

omit

*Japan abstained. (Please note that Japan has since lifted its abstention)

insert

*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).

[39] Schedule 2

substitute (including footnotes)

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

APPENDIX 3

GREEN LIST OF WASTES [1]

(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 FORM [2]

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 standards [3]

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 WASTES [1]

(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 steel [2]

AA020 ex 262019 Zinc ashes and residues [2]

AA030 262020 Lead ashes and residues [2]

AA040 ex 262030 Copper ashes and residues [2]

AA050 ex 262040 Aluminium ashes and residues [2]

AA060 ex 262050 Vanadium ashes and residues [2]

AA070 262090 Ashes and residues [2] containing metals or metal compounds not elsewhere specified or included

AA080 ex 811291 Thallium waste, scrap and residues

AA090 ex 280480 Arsenic waste and residues [2]

AA100 ex 280540 Mercury waste and residues [2]

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 residues [2] , 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 wastes [3]

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

1. These regulations amend Statutory Rules 1996 No. 283.

2. Made by the Governor-General on 12 May 1999, and notified in the Commonwealth of Australia Gazette on 19 May 1999.

[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: A, B, C …) 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.

[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.

Do not delete : Part placeholder

GA. METAL AND METAL-ALLOY WASTES IN METALLIC, NON DISPERSIBLE FORM[2]

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

GA. METAL AND METAL-ALLOY WASTES IN METALLIC, NON DISPERSIBLE FORM [2]