Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999

Contents

Part 1 · Preliminary

1Name of regulations#

These regulations are the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999.

2Authority#

These Regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

3Purpose of these regulations#

These regulations are intended to provide for giving effect to the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (known as the Waigani Convention), made at Port Moresby on 16 September 1995, except so far as that Convention relates to radioactive wastes.

Note 1: The Waigani Convention is an Article 11 arrangement under the Basel Convention—see s 4C of the Act (subject to the making of a Declaration by the Minister under that section). The Basel Convention is in Australian Treaty Series 1992 No. 7 ([1992] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 2: The Waigani Convention is in Australian Treaty Series 2001 No. 17 ([2001] ATS 17) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 3: The Act does not apply to radioactive wastes—the definition of hazardous waste in the Act relies on the Basel Convention, which does not cover radioactive wastes. The export from, and import into, Australia of radioactive wastes is regulated under the Customs Act 1901, the Customs (Prohibited Exports) Regulations and the Customs (Prohibited Imports) Regulations.

4Definitions#

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Article 11 arrangement;

(b) Australia;

(d) disposal;

(e) hazardous waste;

(f) NEPA;

(g) special import permit;

(h) special transit permit;

(i) waste.

In these regulations:

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

Convention means the Convention referred to in regulation 3.

Convention Area has the meaning given by Article 1 of the Convention.

Note: The Convention Area is:

“(i) the land territory, internal waters, territorial sea, continental shelf, archipelagic waters and exclusive economic zones established in accordance with international law of:

American SamoaAustraliaCook IslandsFederated States of MicronesiaFijiFrench PolynesiaGuamKiribatiRepublic of Marshall IslandsNauruNew Caledonia and DependenciesNew Zealand

NiueThe Commonwealth of Northern Mariana IslandsRepublic of PalauPapua New GuineaPitcairn IslandsSolomon IslandsTokelauTongaTuvaluVanuatuWallis and FutunaWestern Samoa;

(ii) those areas of high seas which are enclosed from all sides by the exclusive economic zones referred to in sub-paragraph (i);

(iii) areas of the Pacific Ocean which have been included in the Convention Area pursuant to Article 2.6;”.

(The quotation is from the definition of Convention Area in Article 1 of the Convention. Samoa is called Western Samoa in the text of the Convention as adopted in September 1995. It is therefore called by that name in the list above.)

Forum Island Country has the meaning given by Article 1 of the Convention.

Note: The following countries are the Forum Island Countries:

American SamoaCommonwealth of Northern Mariana IslandCook IslandsFederated States of MicronesiaFijiFrench PolynesiaGuamKiribatiNauruNew Caledonia and its dependencies

NiuePapua New GuineaPitcairn IslandRepublic of PalauRepublic of the Marshall IslandsSamoaSolomon IslandsTokelauTongaTuvaluVanuatuWallis and Futuna.

Party means a Party to the Convention.

5Proposals that are within the scope of these regulations#

The following kinds of import proposals and transit proposals are within the scope of these regulations:

(a)proposals to import hazardous waste from a Forum Island Country;

(b)proposals for the transit of hazardous waste through Australia from a Forum Island Country.

6No export to Forum Island Country etc#

Nothing in these regulations or Division 3 or 4 of Part 2, of the Act (as taken to apply in relation to an application by regulation 10 or 11), authorises the CEO to grant:

(a)an export permit for the export of hazardous waste to:

(i)a Forum Island Country; or

(ii)a territory (other than an Other Party, within the meaning given by Article 1 of the Convention) within the Convention Area; or

(b)an import permit for the import of hazardous waste from a country within the Convention Area that is not a Party to the Convention; or

(c)a transit permit for the transit of hazardous waste from, or to, a country within the Convention Area that is not a Party to the Convention.

Note 1: Other Party means Australia and New Zealand, which are Parties to the Convention, but are not Forum Island Countries.

Note 2: See Article 4 of the Convention.

Note 3: In addition, the Act directs the CEO not to grant a special export permit, a special import permit, or a special transit permit if the CEO is satisfied that the grant could result in hazardous waste being brought into Antarctica—see the Act, s 13F.

7Discharge of wastes from a ship etc#

Nothing in these regulations applies to wastes derived from the normal operation of a vessel (within the meaning given by Article 1 of the Convention), if the discharge of the wastes is covered by an international instrument other than the Convention.

Part 2 · Notification and consent

8Notice about competent authorities and acceptable languages#

(1)The CEO may publish a notice on the NEPA’s website, setting out, for a Party:

(a)the authority of the Party that is the Competent Authority for the Convention, and the address of that authority; and

(b)the language that is acceptable to the Party.

Note: For Competent Authority, see Articles 1 and 5 of the Convention.

(2)For that notice, the CEO may rely on any information supplied by a Party from time to time, and is not obliged to verify that the information is correct.

Part 3 · Permits under the Convention

9Meaning of terms for Part#

In this Part:

Waigani import permit means a special import permit for an import of hazardous waste referred to in paragraph 5(a).

Waigani transit permit means a special transit permit for a transit of hazardous waste referred to in paragraph 5(b).

10Waigani import permit#

(1)Sections 12 and 13B, and Divisions 3 and 4 of Part 2, of the Act are taken to apply in relation to a Waigani import permit, or an application for such a permit, as if:

(a)a reference to the Basel Convention were a reference to the Waigani Convention; and

(b)a reference to a Basel permit or a Basel import permit were a reference to a Waigani import permit; and

(c)provisions that apply only in relation to an export permit, or an application for such a permit, were omitted.

(2)Also, the CEO must not grant a Waigani import permit unless:

(a)the applicant has notified the countries concerned (within the meaning given by Article 1 of the Convention) of the relevant proposal, in accordance with Article 6 of the Convention; and

(b)each such country has consented to the proposal, in accordance with that Article; and

(c)the CEO is satisfied that the waste will not be dumped at sea within the Convention Area.

11Waigani transit permit#

(1)Sections 13A and 13B, and Divisions 3 and 4 of Part 2, of the Act are taken to apply in relation to an application for a Waigani transit permit as if:

(a)a reference to the Basel Convention were a reference to the Waigani Convention; and

(b)a reference to a Basel permit or a Basel import permit were a reference to a Waigani import permit; and

(c)provisions that apply only in relation to an export permit, or an application for such a permit, were omitted.

(2)Also, the CEO must not grant a Waigani transit permit unless:

(a)the applicant has notified the countries concerned (within the meaning given by Article 1 of the Convention) of the relevant proposal, in accordance with Article 6 of the Convention; and

(b)each such country has consented to the proposal, in accordance with that Article; and

(c)the CEO is satisfied that the waste will not be dumped at sea within the Convention Area.

12Declaration as to corresponding requirements#

(1)The requirements of this Part are declared to be corresponding requirements for section 13E of the Act in relation to a proposal to which this Part and another set of Article 11 regulations both apply.

(2)The requirements of this Part are declared to be corresponding requirements for subsection 18B(1) of the Act in relation to a proposal to which this Part and that subsection both apply.

13Conditions of permit—movement document#

(1)It is a condition of a Waigani import permit or a Waigani transit permit that the waste concerned must be accompanied by a movement document giving the information set out in Annex VI B of the Convention.

(2)It is a condition of a Waigani import permit or a Waigani transit permit that a person in Australia who takes charge of the waste concerned signs the movement document when the person receives the waste.

14Conditions of import permit—notice of disposal#

It is a condition of a Waigani import permit that the importer of the waste concerned must notify both the exporter and the competent authority of the exporting party when:

(a)the importer receives the waste; and

(b)the disposal of the waste is completed.

15Condition of permit—notification of accidents#

It is a condition of a Waigani import permit or a Waigani transit permit that if an accident occurs during a transboundary movement of hazardous waste under the permit, and the accident is likely to present a risk to human health or the environment, the holder of the permit immediately informs:

(a)the CEO; and

(b)the Competent Authority of any affected Party (other than Australia); and

(c)the appropriate authority of any other affected country.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Part 1 · Preliminary

1Name of regulations#

2Authority#

3Purpose of these regulations#

4Definitions#

5Proposals that are within the scope of these regulations#

6No export to Forum Island Country etc#

7Discharge of wastes from a ship etc#

Part 2 · Notification and consent

8Notice about competent authorities and acceptable languages#

Part 3 · Permits under the Convention

9Meaning of terms for Part#

10Waigani import permit#

11Waigani transit permit#

12Declaration as to corresponding requirements#

13Conditions of permit—movement document#

14Conditions of import permit—notice of disposal#

15Condition of permit—notification of accidents#

Defined terms · 7

History · 1 version

Part 1 · Preliminary

1Name of regulations#

2Authority#

3Purpose of these regulations#

4Definitions#

5Proposals that are within the scope of these regulations#

6No export to Forum Island Country etc#

7Discharge of wastes from a ship etc#

Part 2 · Notification and consent

8Notice about competent authorities and acceptable languages#

Part 3 · Permits under the Convention

9Meaning of terms for Part#

10Waigani import permit#

11Waigani transit permit#

12Declaration as to corresponding requirements#

13Conditions of permit—movement document#

14Conditions of import permit—notice of disposal#

15Condition of permit—notification of accidents#

Connections

Key facts