Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1A) This section applies if the permit sought by a permit application is a Basel import permit or a Basel export permit.
(1) Subject to this Division, the Minister must grant the permit sought by a permit application if:
(a) the Minister is satisfied that dealing with the hazardous waste concerned in accordance with the import proposals or export proposals would be consistent with the environmentally sound management of the hazardous waste; and
(b) in the case of a Basel export permit authorising the export of hazardous waste to a particular foreign country:
(i) the Minister is satisfied that the competent authority of the country has given written consent to the grant of the permit; and
(ii) the Minister is satisfied that the consent was given in accordance with Article 6 of the Basel Convention; and
(ba) in the case of a Basel export permit-- the Minister is satisfied that the hazardous waste will be allowed to be transported through any foreign country through which the waste is proposed to be transported; and
(c) the Minister is satisfied that, having regard to:
(i) the applicant's financial viability; and
(ii) the applicant's previous record in relation to environmental matters; and
(iii) any other relevant matters;
the applicant is a suitable person to be granted a Basel permit; and
(d) the Minister is satisfied that the applicant has appropriate insurance; and
(e) the Minister has taken into account any relevant public comments received in response to an invitation under paragraph 33(1)(aa) about the permit application (or any notice relating to that application).
Note: Section 18 specifies circumstances in which the applicant has appropriate insurance.
(2) Even if the Minister is satisfied as mentioned in subsection (1), the Minister may decide under subsection (2A), (3), (4), (5) or (5A) not to grant the permit.
(2A) The Minister may decide not to grant the permit if:
(a) the permit sought is a Basel export permit; and
(b) having regard to the requirements of paragraph 3(b) of Article 6 of the Basel Convention, the Minister thinks that it would not be appropriate to grant the permit.
(3) The Minister may decide not to grant the permit if the Minister thinks that it would not be in the public interest to grant the permit.
(4) The Minister may decide not to grant the permit if the Minister thinks that:
(a) there is another way in which the hazardous waste could be dealt with; and
(b) dealing with the waste in the other way would not pose a significant risk of injury or damage to human beings or the environment; and
(c) having regard to Australia's international obligations, the waste should be dealt with in the other way rather than in accordance with the import proposals or export proposals.
(5) The Minister may decide not to grant the permit if the permit sought is a Basel export permit and the Minister thinks that:
(a) the hazardous waste could be disposed of safely and efficiently by using a facility in Australia; and
(aa) such a disposal would be consistent with the environmentally sound management of the waste; and
(b) 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 in accordance with the export proposals.
(5A) The Minister may decide not to grant the permit if the applicant has previously failed to provide, or to arrange to provide, an auditor with assistance that is reasonably necessary for the conduct of an audit.
Note 1: For the requirement to provide an auditor with assistance that is reasonably necessary for the conduct of an audit, see section 54.
Note 2: The audit need not relate to a permit. Assistance may be requested in relation to any audit of operations covered by a permit, an order under Part 3, a notification given under subsection 33G(1), or other prescribed operations: see section 50.
(6) The Minister must not grant a Basel export permit or a Basel import permit if the Minister is satisfied that the grant could result in hazardous waste being brought into Antarctica.
(7) The Minister must not grant a Basel export permit authorising the export of hazardous waste to a foreign country that is not a party to the Basel Convention.
(8) The Minister must not grant a Basel import permit authorising the import of hazardous waste from a foreign country that is not a party to the Basel Convention.