Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These regulations are the
Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 .
These Regulations are made under the
Hazardous Waste (Regulation of Exports and Imports) Act 1989.
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
(a) Basel Convention;
(b) export permit;
(c) import permit;
(d) transit permit.
In these regulations:
Act means theHazardous Waste (Regulation of Exports and Imports) Act 1989 .
indexation day means 1 July 2018 and each later 1 July.
index number , for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.
March quarter means a period of 3 months starting on 1 January.
prescribed fee has the meaning given by regulations 3 and 3A.
For section 32 of the Act, the fees (the
prescribed fees ) for applications are specified in clause 1 of Schedule 1.
(1) For the purposes of section 32 of the Act, a person who:
(a) makes a permit application or a variation application; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a
prescribed fee ) specified in clause 2 of Schedule 1.(2) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the
Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003 ; and(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the
Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003 , in relation to the application; and(c) complies with the request;
is liable to pay the Commonwealth a fee (a
prescribed fee ) specified in clause 2 of Schedule 1.(3) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit or a special transit permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the
Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 ; and(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the
Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 , in relation to the application; and(c) complies with the request;
is liable to pay the Commonwealth a fee (a
prescribed fee ) specified in clause 2 of Schedule 1.(4) A prescribed fee under subregulation (1), (2) or (3):
(a) becomes due and payable to the Commonwealth at the time the person complies with the request; and
(b) may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.
(1) This regulation is made for the purposes of subsection 32(7) of the Act.
(2) If the indexation factor for an indexation day is greater than 1, the amount of a fee specified in clause 1 or 2 of Schedule 1 is, on that day, replaced by the amount worked out using the formula:
(3) The amount worked out under subregulation (2) is to be rounded to the nearest dollar (rounding 50 cents upwards).
Indexation factor (4) The
indexation factor for an indexation day is the number worked out using the formula:where:
base March quarter means the last March quarter before the reference March quarter.reference March quarter means the last March quarter before the indexation day.(5) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
Index numbers (6) Subject to subregulation (7), if at any time before or after the commencement of this subregulation:
(a) the Australian Statistician has published or publishes an index number in respect of a quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this regulation.
(7) If, at any time before or after the commencement of this regulation, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this regulation after the change took place or takes place, have regard only to index numbers published in terms of the new index reference period.
Waiver of prescribed fees (1) For the purposes of subsection 32(5) of the Act, a circumstance in which the Minister may wholly or partly waive a prescribed fee to be paid by a person for an application, or for a request for information relating to an application, is that the Minister is satisfied that failure to grant such a waiver:
(a) would cause the person financial hardship; and
(b) could cause harm to human health or the environment.
Refund of prescribed fees (2) For the purposes of subsection 32(5) of the Act, the circumstances in which the Minister may wholly or partly refund a prescribed fee paid by a person for an application, or for a request for information relating to an application, are that:
(a) the person has paid the prescribed fee more than once in relation to the same application or request; or
(b) the person has paid an amount that is greater than the amount of the prescribed fee; or
(c) all of the following apply:
(i) the application has been made for the wrong kind of permit;
(ii) the application has not been decided;
(iii)the application has been withdrawn.
(1) Regulation 4, as inserted by the
Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021 , applies in relation to the waiver or refund, or partial waiver or refund, of:(a) a prescribed fee referred to in regulation 3 for an application if the application is made on or after the commencement day; and
(b) a prescribed fee referred to in regulation 3A for providing information in response to a request if the request is made on or after the commencement day, whether the request relates to an application made before, on or after the commencement day.
(2) In this regulation:
commencement day means the day theHazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021 commences.
Note: See regulations 3 and 3A.
The prescribed fee for an application for a permit, or a variation, of a kind specified in an item in Column 1 of the following table is the fee set out in Column 2 of the table for the item.
1 | Transit permit—grant | 5,225 |
2 | Import permit—grant | 7,088 |
3 | Export permit—grant for operations which may lead to resource recovery, recycling, reclamation, direct re‑use or alternative uses (within the meaning of the Basel Convention) | 12,667 |
4 | Export permit—grant for operations other than those which may lead to resource recovery, recycling, reclamation, direct re‑use or alternative uses (within the meaning of the Basel Convention) | 35,035 |
5 | Transit permit—variation | 2,244 |
6 | Import permit—variation | 2,616 |
7 | Export permit—variation of export permit granted for operations which may lead to resource recovery, recycling, reclamation, direct re‑use or alternative uses (within the meaning of the Basel Convention) | 5,970 |
8 | Export permit—variation of export permit granted for operations other than those which may lead to resource recovery, recycling, reclamation, direct re‑use or alternative uses (within the meaning of the Basel Convention) | 14,913 |
The prescribed fee for providing information in response to a request referred to in regulation 3A is $1,498.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
1990 No. 130 | 25 June 1990 | 17 July 1990 | |
1996 No. 285 | 12 Dec 1996 | 12 Dec 1996 | — |
1999 No. 6 | 11 Feb 1999 | 11 Feb 1999 | — |
Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulation 2016 | 9 May 2016 (F2016L00730) | 1 July 2016 (s 2(1) item 1) | — |
Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment (2017 Measures) Regulations 2017 | 29 June 2017 (F2017L00788) | Sch 2: 1 July 2017 (s 2(1) item 1) | — |
Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021 | 20 Dec 2021 (F2021L01843) | Sch 1 (items 1–13): 30 Dec 2021 (s 2(1) item 1) | — |
Part 1 heading............................. | ad F2021L01843 |
r 1............................................. | rs 1999 No. 6 |
r 1A........................................... | ad F2016L00730 |
r 2............................................. | rs 1996 No. 285 |
am 1999 No. 6; F2016L00730; F2017L00788; F2021L01843 | |
Part 2 heading............................ | ad F2021L01843 |
r 3............................................. | rs F2016L00730 |
am F2017L00788; F2021L01843 | |
r 3A........................................... | ad F2017L00788 |
am F2021L01843 | |
r 3B........................................... | ad F2017L00788 |
r 4............................................. | ad F2016L00730 |
rs F2021L01843 | |
Part 3......................................... | ad F2021L01843 |
Division 1.................................. | ad F2021L01843 |
r 5............................................. | ad F2017L00788 |
rs F2021L01843 | |
Schedule.................................... | rs 1996 No. 285 |
am 1999 No. 6 | |
rep F2016L00730 | |
Schedule 1 heading...................... | rs F2017L00788 |
Schedule 1.................................. | ad F2016L00730 |
am F2017L00788 |
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