Commonwealth Numbered Regulations

1996 No. 283 HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) (OECD DECISION) REGULATIONS - REG 16

16. (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 Minster may refuse to grant the permit if the Minister considers that
it is in the public interest to do so.

(3) The Minster 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 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.