Declaration of Article 11 Arrangement: Decision C(2001)107/FINAL

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of managing the transboundary movement of hazardous waste, ensuring that such waste is handled in an environmentally sound manner. This Act was introduced by the Commonwealth Parliament to align Australia's legislative framework with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, thus fulfilling international obligations and enhancing environmental protection. The Act provides the legal basis for implementing measures that regulate the export and import of hazardous waste, with a particular focus on preventing illegal traffic and ensuring that waste is managed responsibly. The policy objective underpinning the Act is to safeguard human health and the environment from the adverse effects of improper hazardous waste management practices. The enactment of this legislation represents a commitment to international environmental standards and domestic regulatory integrity in the management of hazardous waste.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste, as well as to the entities and individuals managing, handling, or processing such waste. The Act specifically targets the transboundary movement of wastes intended for recovery operations, ensuring that these movements are conducted in a manner that protects human health and the environment. Geographically, the Act's jurisdiction extends under the Commonwealth of Australia and aligns with the nation's commitments under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The declaration of Decision C(2001)107/FINAL as an Article 11 arrangement signifies that the Act incorporates this OECD decision, thereby extending its application to comply with international standards for hazardous waste management. The Act can also be further detailed and specified through subordinate instruments, which may delineate additional requirements or exemptions as necessary.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989, through its section 4C(1), allows for the declaration of certain international agreements or arrangements as Article 11 arrangements for the purposes of the Act. Section 11 of the Act provides the framework for implementing the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. In this context, the Minister for the Environment and Heritage has declared Decision C(2001)107/FINAL of the Organisation for Economic Cooperation and Development as an Article 11 arrangement under section 4C(1). This decision is a revision of an earlier decision, C(92)39/FINAL, and is aimed at controlling transboundary movements of wastes destined for recovery operations. The obligations and requirements imposed by this declaration on parties or entities governed by the Act include adherence to the provisions outlined in Decision C(2001)107/FINAL. This means that any entity involved in the export, import, or transit of hazardous wastes must comply with the controls and procedures established by this decision. This includes ensuring that wastes are managed in an environmentally sound manner, that there is proper notification and consent from the importing country, and that there are measures in place to prevent illegal traffic of hazardous wastes. The Act also mandates that entities keep records of transboundary movements and maintain documentation that demonstrates compliance with the agreed-upon standards. Failure to comply with the provisions of the Act or the declared Article 11 arrangement can result in various civil and criminal consequences. The Act provides for offences that can attract penalties, although the specific maximum penalties are not detailed in the declaration itself. Generally, breaches of the Act can lead to fines and, in more serious cases, imprisonment. The penalties are intended to deter non-compliance and ensure that hazardous wastes are managed responsibly. Additionally, the Act may allow for the seizure of non-compliant wastes and the imposition of other administrative measures to enforce compliance. The declaration of Decision C(2001)107/FINAL as an Article 11 arrangement under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 thus places a significant responsibility on those involved in the handling of hazardous wastes. It ensures that Australia aligns with international standards for the safe and environmentally sound management of transboundary waste movements. By incorporating these international decisions into domestic law, the Act seeks to protect human health and the environment from the adverse effects of improper hazardous waste management.