Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 17A

Grant of transit permits

  (1)   This section applies if the permit sought by a permit application is a Basel transit permit.

  (2)   The Minister must grant the permit sought by a permit application if:

  (a)   the Minister is satisfied that carrying out the transit proposals will not pose a significant risk of injury or damage to human beings or the environment; and

  (b)   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 transit permit; and

  (c)   the Minister is satisfied that the applicant has appropriate insurance; and

  (d)   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.

  (3)   Subsection   (2) has effect subject to this Division.

  (4)   The Minister may decide not to grant the permit if the Minister thinks that it would not be in the public interest to grant it.

  (4A)   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.

  (5)   The Minister must not grant the permit if the Minister is satisfied that carrying out the transit proposals could result in hazardous waste being brought into Antarctica.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback