Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1999 (No. 1) 1999 No. 6
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 6
Issued by the Authority of the Minister for the Environment and Heritage
Hazardous Waste (Regulation of Exports and Imports) Act 1989
Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1999 (No. 1)
Section 62 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 32 of the Act states that regulations may prescribe fees, not exceeding $8,000, to be paid in relation to applications and notices given to the Minister under the Act or under regulations under the Act, for proposed exports, imports or transits of hazardous wastes. The fees must be reasonably related to the expenses incurred or to be incurred by the Commonwealth.
Fees are prescribed in the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations (Amendment) Statutory Rules No 285. The purpose of the amendments was to allow fees to be charged for applications and notices required for proposed imports or transits of hazardous waste under the Waigani Convention at the level of fees currently specified for "special" permits under the principal Regulations. Under the principal Regulations, specific provision has been made for fees to be charged in respect of OECD special permits only. To avoid having to amend the fees regulations every time a new set of regulations is drafted, the Statutory Rules have been amended to generally cover all types of special permits, that is, permits for all bilateral arrangements.
As the fees for special permits were not expected to vary with each set of bilateral arrangements, the amendments to these Regulations in no way alter the level of fees charged for special permits under these Statutory Rules. Fees for special permits were based on recent cost recovery estimates, and are reasonably related to the expenses incurred or to be incurred by the Commonwealth in processing applications under the OECD Council Decision, the Waigani Convention or any other bilateral arrangements.
Details of the Regulations are as follows.
Regulation 1 provides for the name of the Regulations to be the Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1999 (No ).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 states that the Regulations amend the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 as set out in the amended Schedule 1 to allow for the charging of fees for special permits other than OECD special permits.
Schedule 1, Item 1 changes the name of the Regulations by referring to the year in which the
Statutory Rules commenced in accordance with the current drafting practice of the Attorney
General's Department.
Schedule 1, Item 2 omits those definitions which specifically apply to the OECD Council Decision so that the Regulations now apply generally to all special permits made under Sections 62, 13C and 13D of the Act.
Schedule 1, Items 3 - 6 are consequential amendments to Schedule 1, Item 2 and omit all references to the terms deleted under that Item. These Items also amend headings and text which make specific reference to the OECD Council Decision to allow for a more general interpretation of the Regulations so that fees can be charged for all future special permits including those issued under the Waigard Convention as well as the OECD Council Decision. Under this Item, specific reference has been made to "a facility approved as a recovery facility under Regulation 42 of the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations" as it is unlikely that such approved recovery facilities will be relevant to any other set of special permit Regulations.
Overview
The Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1999 (No. 1), enacted in 1999, were introduced to amend the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 in response to the need for a more flexible and comprehensive approach to charging fees for special permits related to the import or transit of hazardous waste. This amendment was necessary to ensure that fees could be charged for all types of special permits, including those under the Waigani Convention, without the need for frequent regulatory adjustments. The regulations were made under the authority of the Minister for the Environment and Heritage, in accordance with Section 62 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, with the aim of ensuring that fees remain reasonably related to the expenses incurred by the Commonwealth in processing applications and notices for hazardous waste imports or transits. The policy objective was to streamline the regulatory process and avoid unnecessary amendments to the fees regulations, thereby facilitating efficient administration and compliance with international agreements on hazardous waste management.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1999 (No. 1) apply to the regulation of exports and imports of hazardous waste in Australia, specifically focusing on the fees associated with applications and notices related to these activities. The Act pertains to the management of hazardous waste and its movement across international borders, ensuring compliance with both national and international agreements. These regulations extend to any person or entity seeking to export, import, or transit hazardous waste and are enforced by the Commonwealth of Australia. The amendments primarily focus on aligning the fees for special permits under the Waigani Convention with those for OECD special permits, thereby encompassing all bilateral arrangements. The fees prescribed are reasonably related to the expenses incurred by the Commonwealth in processing these applications and notices, with a cap of $8,000 as stipulated in the Act. The Regulations do not introduce any new exemptions or exclusions beyond those already specified in the principal Act and its associated fees regulations.
Key Provisions
The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulations 1999 (No. 1) (the Regulations) primarily concern the amendment of existing fees schedules to include fees for special permits other than those pertaining to the Organisation for Economic Co-operation and Development (OECD) special permits. Regulation 3 amends the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 to allow for fees to be charged for applications and notices related to proposed imports or transits of hazardous waste under the Waigani Convention and any other bilateral arrangements. Schedule 1, Item 2 of the Regulations removes definitions that specifically apply to the OECD Council Decision, thereby broadening the scope of the Regulations to encompass all special permits issued under Sections 62, 13C, and 13D of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act).
The obligations imposed by these Regulations on the parties involved primarily revolve around the payment of fees for special permits. These fees must be reasonably related to the expenses incurred or to be incurred by the Commonwealth in processing applications under the OECD Council Decision, the Waigani Convention, or any other bilateral arrangements. The amendments ensure that all special permits, regardless of their origin under different international agreements, are subject to the same fee structure. This includes fees for special permits for recovery facilities approved under Regulation 42 of the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations, which are specifically referenced as they are less likely to be relevant to other permit regulations.
Breaches of the provisions outlined in these Regulations may result in civil or criminal consequences. While the specific offences, penalties, and consequences are not detailed in the explanatory statement, the general principle is that failure to comply with the Act, including the payment of required fees, may lead to penalties as stipulated by the Act. Typically, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, penalties for non-compliance can include fines and, in some cases, imprisonment. The maximum penalties for breaches of the Act can be significant, reflecting the serious nature of hazardous waste management and the potential environmental and public health risks associated with improper handling and disposal.