Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations (Amendment) 1996 No. 285
EXPLANATORY STATEMENT
Statutory Rules 1996 No. 285
Issued by the Authority of the Minister for Environment
Hazardous Waste (Regulation of Exports and Imports) Act 1989
Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations (Amendment)
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 4 of the Acts Interpretation Act 1901 provides for the exercise of statutory powers between passing and commencement of the Act. The Hazardous Waste (Regulation of Exports and Imports) Amendment Act 1996 will amend the Act and is due to commence on 12 December 1996.
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.
Existing fees are prescribed in the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990. As a result of changes made in the Hazardous Waste (Regulation of Exports and Imports) Amendment Act 1996, the time required to process many permits will be much reduced a id the existing fees will no longer be reasonably related to expenses (which means most fees will be reduced accordingly).
The purpose of the Regulations is to give effect to amendments which will prescribe fees for applications and notices which are required for proposed exports, imports or transits of hazardous wastes, and which are reasonably related to the expenses incurred or to be incurred by the Commonwealth.
Details of the Regulations are as follows.
Regulation 1 provides that the Regulations commence on 12 December 1996.
Regulation 2 provides for the amendment of the existing Regulations.
Regulation 3 omits Regulation 2 of the current Regulations and substitutes new Regulation 2 which provides interpretations for key words and phrases used in the Regulations.
Regulation omits the schedule in Regulation 3 of the current Regulations and substitutes a new schedule which prescribes the fees applicable to applications and notices for proposed exports, import, or transits of hazardous wastes.
Overview
The Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations (Amendment) 1996 No. 285 were enacted to align the fees for the processing of applications and notices related to the export, import, and transit of hazardous wastes with the amendments introduced by the Hazardous Waste (Regulation of Exports and Imports) Amendment Act 1996. This amendment was necessitated by the significant reduction in processing times for permits, which rendered the existing fees prescribed under the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 no longer reasonably related to the expenses incurred by the Commonwealth. The Regulations were issued under the authority of the Minister for Environment, ensuring that the fees remain proportionate to the actual costs involved. These amendments reflect the policy objective of maintaining a regulatory framework that accurately reflects the administrative costs associated with managing hazardous waste exports and imports.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations (Amendment) 1996 No. 285 applies to any person or entity involved in the export, import, or transit of hazardous waste in Australia. This includes individuals, companies, and other entities that need to submit applications or notices to the Minister under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 or any related regulations. The amendments made by these Regulations are intended to reflect the changes introduced by the Hazardous Waste (Regulation of Exports and Imports) Amendment Act 1996, which will reduce the time required to process permits and thus the fees associated with these processes. The fees prescribed must be reasonably related to the expenses incurred or to be incurred by the Commonwealth. These Regulations have a national reach as they are issued under the authority of the Commonwealth government and will apply across all states and territories in Australia. Any exclusions, exemptions, or specific thresholds are detailed in the amended schedule which replaces the previous fee structure in the 1990 Regulations.
Key Provisions
The primary sections of the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations (Amendment) 1996 No. 285 (the Regulations) involve the amendment of existing fees for applications and notices related to hazardous waste exports, imports, or transits. Regulation 1 specifies that the Regulations commence on 12 December 1996, aligning with the commencement of the Hazardous Waste (Regulation of Exports and Imports) Amendment Act 1996. Regulation 2 amends the existing Regulations by updating the interpretations of key terms and phrases used throughout the document, ensuring clarity and consistency in their application. Regulation 3 omits the previous fee schedule and introduces a new one that reflects the changes made by the Amendment Act, ensuring that fees are reasonably related to the expenses incurred or to be incurred by the Commonwealth.
The obligations imposed by the Regulations on parties involved in the export, import, or transit of hazardous waste include the requirement to pay the prescribed fees for applications and notices. These fees must be reasonably related to the expenses incurred by the Commonwealth. The Regulations aim to streamline the processing of permits and reduce the time required to approve applications, ensuring that the fees charged are proportionate to the administrative costs involved.
In terms of enforcement and compliance, breaches of the Regulations may result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, the overarching Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides a framework for penalties, which can include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, and would be determined according to the provisions of the primary Act. The Regulations ensure that the fee structure remains fair and reflective of actual administrative costs, thereby maintaining compliance and facilitating smoother transactions in hazardous waste trade.