Commonwealth of Australia
Hazardous Waste (Regulation of Exports and Imports) Act 1989
Declaration Extending the Meaning of Hazardous Waste – Classification Under Foreign Laws: Thailand
I, DAVID ALISTAIR KEMP, Minister for the Environment and Heritage, noting that Thailand is a party to the Basel Convention and being satisfied that used toner is classified as Hazardous Material Type 3, Sequence No. 51 under the Chemical Wastes category according to the Notification of the Ministry of Industry, Subject: Hazardous Substance List B.E. 2546, of Hazardous Material Act B.E. 2535 of that country, and that arrangements must be made in accordance with the Basel Convention, declare, under subsection 4A(2) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, that used toner is hazardous waste for the purposes of export or proposed export to Thailand. This Declaration commences on the date of signature.
Dated 25 May 2004
DAVID KEMP
Minister for the Environment and Heritage
Under the Administrative Appeals Tribunal Act 1975, a person or persons whose
interests are affected by this decision may, within 28 days, make an application in
writing to the Department of the Environment and Heritage requesting the reasons for the decision. An application for independent review of the decision may be made to the Administrative Appeals Tribunal, on payment of the relevant fee, by or on behalf
of the person or persons whose interests are affected, either within 28 days of receipt
of the reasons for this decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, Administrative Appeals Tribunal in your capital city, see under Commonwealth Government Section in the White Pages. Further information may be obtained from:
Manager, Hazardous Waste Section
Department of the Environment and Heritage
GPO Box 787
CANBERRA ACT 2601
Telephone 02 6274 1411, Facsimile 02 6274 1164, or
e-mail hwa@deh.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper management and transboundary movement of hazardous waste, which can pose significant risks to human health and the environment. The Act was established by the Commonwealth Parliament to regulate the export, import, and transit of hazardous waste through Australia, ensuring compliance with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The policy objective of the Act is to protect human health and the environment from the adverse effects of hazardous waste while facilitating the responsible management of such waste. As part of this legislative framework, a declaration was issued in 2004 under the authority of the Minister for the Environment and Heritage, identifying used toner as hazardous waste for the purposes of export to Thailand, in alignment with the classification under Thai law and the obligations under the Basel Convention. This declaration underscores the commitment to international cooperation in managing hazardous waste and preventing illegal traffic in such materials.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste in Australia, and this legislative instrument specifically extends the meaning of hazardous waste to include used toner for the purposes of export to Thailand. The Minister for the Environment and Heritage, David Kemp, issued this declaration under the authority of subsection 4A(2) of the Act, recognising that Thailand classifies used toner as Hazardous Material Type 3, Sequence No. 51 under its Hazardous Material Act B.E. 2535. This legislative instrument applies to any person or entity involved in the export of used toner to Thailand, ensuring compliance with both Australian and Thai regulations, as well as the Basel Convention. The jurisdictional reach of this Act is Commonwealth-wide, extending to cover exports leaving Australia, irrespective of state or territory boundaries. There are no specific exclusions or exemptions mentioned in the declaration, but the Act generally allows for the making of subordinate instruments to further define or refine the application of the Act, thus extending or restricting its application as necessary.
Key Provisions
The primary operative section of this Declaration, made under subsection 4A(2) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, is the Minister’s declaration that used toner is considered hazardous waste for export or proposed export to Thailand. This decision is based on Thailand’s classification of used toner as Hazardous Material Type 3, Sequence No. 51 under the Chemical Wastes category according to the Notification of the Ministry of Industry, Subject: Hazardous Substance List B.E. 2546, of Hazardous Material Act B.E. 2535 of Thailand. This aligns with the requirements of the Basel Convention, an international treaty designed to reduce the movements of hazardous waste between nations, especially from developed to less developed countries.
The Act imposes specific obligations and requirements on parties involved in the export of hazardous waste. Any person or entity intending to export used toner to Thailand must ensure compliance with the declared hazardous waste status. This includes adherence to the regulatory framework set out by the Basel Convention and the domestic laws of both Australia and Thailand. Exporters must obtain the necessary permits and approvals, and they must ensure that the hazardous waste is managed in a way that minimises risks to human health and the environment.
In the event of a breach of the provisions of the Act, there are potential civil and criminal consequences. While the specific penalties are not detailed in this legislative instrument, breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can generally lead to substantial fines and, in severe cases, imprisonment. The penalties reflect the seriousness of the potential environmental and health risks associated with improper management of hazardous waste. The maximum penalties for offences under the Act can vary, but they are designed to enforce compliance and deter non-compliance with hazardous waste regulations.