Hazardous Waste (Regulation of Exports and Imports) Amendment Act 2017

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2017A00008 In force Act

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No. 8, 2017

An Act to amend the Hazardous Waste (Regulation of Exports and Imports) Act 1989, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Main amendments

Hazardous Waste (Regulation of Exports and Imports) Act 1989

Part 2—Levy amendments

Hazardous Waste (Regulation of Exports and Imports) Act 1989

Hazardous Waste (Regulation of Exports and Imports) Amendment Act 2017

No. 8, 2017

An Act to amend the Hazardous Waste (Regulation of Exports and Imports) Act 1989, and for related purposes

[Assented to 22 February 2017]

The Parliament of Australia enacts:

1 Short title

This Act is the Hazardous Waste (Regulation of Exports and Imports) Amendment Act 2017.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	22 February 2017
2. Schedule 1, Part 1	The day after this Act receives the Royal Assent.	23 February 2017
3. Schedule 1, Part 2	The later of: (a) 1 July 2017; and (b) the day after this Act receives the Royal Assent.	1 July 2017 (paragraph (a) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Main amendments

Hazardous Waste (Regulation of Exports and Imports) Act 1989

1 Section 4 (definition of Basel Convention)

Omit “(a copy of the English text of which is set out in the Schedule)”, substitute “, as amended and in force for Australia from time to time”.

2 Section 4 (at the end of the definition of Basel Convention)

Add:

Note: The Convention is in Australian Treaty Series 1992 No. 7 ([1992] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

3 At the end of subsection 13A(1)

Add:

Note: If a transit proposal is in connection with the movement of hazardous waste from one OECD country to another OECD country, a transit permit may not be required for that proposal: see paragraph 40A(1)(b).

4 Subsection 18A(2)

Repeal the subsection, substitute:

(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.

5 Paragraph 21(1)(e)

Repeal the paragraph.

6 Subsection 32(1)

Omit “, not exceeding $8,000,”.

7 At the end of section 32

Add:

(7) The regulations may make provision for and in relation to the indexation of prescribed fees.

8 Section 33 (heading)

Repeal the heading, substitute:

33 Publication of certain particulars on Department’s website

9 Subsection 33(1)

Omit “in the Gazette”, substitute “on the Department’s website”.

10 Subsection 40A(1)

Repeal the subsection (not including the note), substitute:

Prohibition of bringing waste into Australia

(1) A person must not bring hazardous waste into Australia (whether or not by way of import) in the course of carrying out a transit proposal unless:

(a) the person is the holder of a transit permit authorising the person to bring the waste into Australia; or

(b) the carrying out of the transit proposal is in connection with the movement of hazardous waste from one OECD country to another OECD country and the Minister has notified the person in writing that the person does not require a transit permit for that proposal.

11 After subsection 40A(1)

Insert:

(1A) Before notifying a person under paragraph (1)(b), the Minister must be satisfied:

(a) that carrying out the transit proposal will not pose a significant risk of injury or damage to human beings or the environment; and

(b) of any other matters prescribed by the regulations for the purposes of this paragraph.

(1B) Subsection (1A) does not limit the matters that the Minister may take into account in deciding whether to give a notification under paragraph (1)(b).

(1C) The Minister must, as soon as practicable after giving a notification under paragraph (1)(b), cause to be published, on the Department’s website, particulars of the notification.

12 At the end of section 40A

Add:

OECD country definition

(6) In this section:

OECD country means a country that is a member of the Organisation for Economic Cooperation and Development under the Convention on the Organisation for Economic Cooperation and Development done at Paris on 14 December 1960.

Note: The Convention is in Australian Treaty Series 1971 No. 11 ([1971] ATS 11) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

13 Section 60

Before “The”, insert “(1)”.

14 At the end of section 60

Add:

; or (c) an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.

(2) In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the Minister.

15 Subsection 62(1)

Omit “(1)”.

16 Subsection 62(2)

Repeal the subsection.

17 Schedule

Repeal the Schedule.

18 Application and transitional provisions

(1) The repeal and substitution of subsection 18A(2) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 made by this Part applies in relation to permits granted on or after the commencement of this item.

(2) The repeal of paragraph 21(1)(e) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 made by this Part applies in relation to permits granted on or after the commencement of this item.

(3) The amendment of subsection 33(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 made by this Part applies in relation to the publication of information on or after the commencement of this item.

(4) The repeal and substitution of subsection 40A(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 made by this Part applies in relation to hazardous waste brought into Australia on or after the commencement of this item.

(5) Regulations in force under subsection 62(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 immediately before the commencement of this item continue in force on and after that commencement as if they were regulations in force under section 62 of that Act.

Part 2—Levy amendments

Hazardous Waste (Regulation of Exports and Imports) Act 1989

19 After section 32

Insert:

32A Applications to be accompanied by levy

(1) An application under section 12, 13 or 13A must be accompanied by the levy imposed by the Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017.

Note: An application under section 12, 13 or 13A must be for a Basel permit or a special permit under a specified set of Article 11 regulations: see section 13B.

(2) If the application is not accompanied by the levy, the application is taken not to have been received by the Minister until the levy has been paid.

20 Application provision

The amendment made by this Part applies in relation to applications made on or after the commencement of this Part.

[Minister’s second reading speech made in—

House of Representatives on 24 November 2016

Senate on 8 February 2017]

(177/16)

Overview

The Hazardous Waste (Regulation of Exports and Imports) Amendment Act 2017 was enacted by the Parliament of Australia to amend the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The purpose of this legislation is to refine the regulatory framework governing the export and import of hazardous waste, enhancing compliance and ensuring environmental protection. This Act introduces changes to the definition of the Basel Convention, modifies the permit conditions and criteria for hazardous waste transit, and updates the fee structures and indexation provisions. Additionally, it mandates the publication of certain information on the Department’s website and aligns with international standards by incorporating amendments to the levy requirements for applications. The changes aim to improve the oversight and management of hazardous waste movements to and from Australia.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Amendment Act 2017 amends the Hazardous Waste (Regulation of Exports and Imports) Act 1989, governing the export and import of hazardous waste in Australia. The Act applies to individuals and entities involved in the export and import of hazardous waste, ensuring compliance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The amendments affect the definition of the Basel Convention, the issuance of permits, and the fees associated with permit applications. Notably, the Act introduces a levy requirement for permit applications, making it necessary for applicants to pay the levy imposed by the Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017. The Act also specifies that certain provisions apply to permits granted or applications made on or after specific commencement dates. The amendments extend the application of the Act to all hazardous waste brought into Australia on or after 23 February 2017, with further provisions coming into effect on 1 July 2017. The geographic reach of the Act is national, applying across Australia, and it does not specify any exclusions or exemptions within the text provided.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Amendment Act 2017 amends the Hazardous Waste (Regulation of Exports and Imports) Act 1989 by updating the definition of the Basel Convention to reflect its amendments and current force in Australia (section 4). It introduces a provision that if a transit proposal is related to the movement of hazardous waste between OECD countries, a transit permit may not be required (subsection 13A(1)). The Act allows the Minister to grant a Basel export permit if there are exceptional circumstances, even if the usual criteria are not met (subsection 18A(2)). It also removes certain criteria from the list of grounds for refusal of a permit (paragraph 21(1)(e)) and increases the maximum fine for breaches of the Act from $8,000 to an unspecified amount, subject to regulation (subsection 32(1)). Additionally, the Act mandates the indexation of prescribed fees and requires certain particulars to be published on the Department's website instead of the Gazette (subsection 33(1)). Under this Act, certain obligations are imposed on parties involved in the export and import of hazardous waste. Permit holders must ensure that any transit proposals comply with the requirements of the Act, including obtaining a transit permit if necessary (subsection 40A(1)). The Minister is required to assess the risk of injury or damage to human beings or the environment before notifying a person that they do not require a transit permit for a particular proposal (subsection 40A(1A)). The Minister must also publish particulars of such notifications on the Department's website (subsection 40A(1C)). Applications for permits must be accompanied by the levy imposed by the Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017, and if not, the application is considered not received until the levy is paid (subsection 32A(2)). The Act outlines several offences and penalties for breaches. Violators of the Act may face fines and other penalties, the exact amount of which may be regulated. For instance, the maximum penalty for certain breaches is increased and left to be determined by regulations (subsection 32(1)). Failure to comply with the levy requirements may result in the application being considered not received until the levy is paid (subsection 32A(2)). Additionally, the Act provides for the enforcement of the regulations and the imposition of civil or criminal penalties as appropriate.

Area of Law: Environmental Law
Instrument: Act
Concepts: Commencement Provisions; Regulatory Standards; Reporting & Disclosure Obligations

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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