(1) The Minister must not grant a Basel export permit authorising the export of hazardous waste if the applicant proposes that the hazardous waste will be disposed of by a method that is within the scope of Section A of Annex IV to the Basel Convention.
(2) Despite subsection (1), the Minister may grant a Basel export permit in the circumstances described in that subsection if the Minister is satisfied that there are exceptional circumstances.
(3) Subsection (2) does not apply if the Minister is satisfied that carrying out the export proposals would be inconsistent with the environmentally sound management of the hazardous waste.
(4) In deciding whether there are exceptional circumstances for the purposes of subsection (2), the Minister must have regard to the following:
(a) whether there will be a significant risk of injury or damage to human beings or the environment if the Minister decides not to grant the permit;
(b) whether the waste is needed for research into improving the management of hazardous waste;
(c) whether the waste is needed for testing for the purposes of improving the management of hazardous waste;
(d) matters prescribed for the purposes of this paragraph.