Commonwealth Consolidated Acts

HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 41C

  (1)   This section has effect for the purposes of the application of this Part to the export of a substance or object to a foreign country if:

  (a)   the substance or object is not hazardous waste for the purposes of the application of this Act to the export; and

  (b)   the substance or object is, or is proposed to be, transported through a third country (the transit country ).

Notifiable substance--Annex I/III waste

  (2)   If a substance or object is Annex I/III waste, the substance or object is a notifiable substance in relation to the transit country for those purposes. However, this rule does not apply if the substance or object is declared to be exempt in relation to the transit country by the regulations.

Note:   Annex I/III waste is defined by subsection   (7).

Declaration that substance is notifiable substance

  (3)   If:

  (a)   the transit country is a party to the Basel Convention; and

  (b)   the Minister is satisfied that, under a law of that country that gives effect to the Basel Convention, a particular substance or object is classified as hazardous waste; and

  (c)   the substance or object is not Annex I/III waste;

the Minister must, by writing, declare that the substance or object is a notifiable substance in relation to the transit country for those purposes.

Note:   Annex I/III waste is defined by subsection   (7).

Declaration has effect accordingly

  (4)   A declaration under subsection   (3) has effect accordingly.

Revocation of declaration

  (5)   If:

  (a)   a declaration is in force under subsection   (3); and

  (b)   the Minister ceases to be satisfied of the matter referred to in paragraph   (3)(b);

the Minister must revoke the declaration.

Gazettal of declaration

  (6)   If a declaration under subsection   (3) is made or revoked, the Minister must arrange for a copy of the declaration or revocation to be published in the Gazette .

Definition

  (7)   In this section:

"Annex I/III waste" means waste that belongs to any category contained in Annex I to the Basel Convention, unless it does not possess any of the characteristics contained in Annex III to that Convention.