Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Amendment Regulations 1999 (No. 1) 1999 No. 312
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 312
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) (Waigani Convention) 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.
The purpose of the amendment is to change the commencement date of the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 from 1 January 2000 to 1 January 2002. The Regulations were signed by the Governor-General on 4 February 1999. At the time, it was anticipated that the commencement date of 1 January 2000 may need to be adjusted to ensure the Regulations do not come into operation before the Convention comes into force.
Article 24 of the Waigani Convention states that the Convention shall enter into force thirty days after the date of deposit of the tenth instrument of ratification. To date, only five of the ten requisite ratifications have been received and consequently the Regulations will need to be changed before 1 January 2000.
A Regulatory Impact Statement is not required because the proposed amendments are of a minor and machinery nature and do not substantially alter existing arrangements.
The regulations provide that the Principal Regulations commence on 1 January 2002, as this is a reasonable estimate of the date on which the Waigani Convention is likely to enter into force. As we are unable to anticipate when the requisite tenth ratification of the Convention is likely to occur, we must again set an arbitrary commencement date which may need to be adjusted nearer that time.
The Amending Regulations commenced on gazettal.
Overview
The Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Amendment Regulations 1999 (No. 1) were enacted in 1999 to amend the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999, shifting the commencement date from 1 January 2000 to 1 January 2002. This adjustment was necessitated by the delay in the Waigani Convention's entry into force, which requires the deposit of the tenth instrument of ratification. The original regulations, signed by the Governor-General on 4 February 1999, aimed to synchronise the commencement of the regulations with the Convention's effective date, ensuring compliance with international obligations. The amendment was authorised under Section 62 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, and the new commencement date was set to account for the anticipated delay in ratifications. The change was deemed minor and of a machinery nature, thus exempt from requiring a Regulatory Impact Statement.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Amendment Regulations 1999 (No. 1) applies to entities involved in the export and import of hazardous waste, ensuring compliance with the Waigani Convention. These regulations specifically target individuals, corporations, and other entities that engage in the transboundary movement of hazardous waste, ensuring that such activities are conducted in a manner that is environmentally sound and in accordance with international standards. Geographically, these regulations apply across Australia and are administered under the Commonwealth to ensure a unified approach to the management and regulation of hazardous waste in alignment with international commitments. The amendment adjusts the commencement date of the principal regulations to 1 January 2002, reflecting the anticipated delay in the Waigani Convention's entry into force. These regulations do not introduce new exclusions or exemptions but operate under the broader framework of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which itself provides the basis for subordinate instruments that may further define or refine the application of these regulations.
Key Provisions
The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Amendment Regulations 1999 (No. 1) involve altering the commencement date of the Principal Regulations from 1 January 2000 to 1 January 2002. This change is necessary because the Waigani Convention, which the Principal Regulations implement, is expected to enter into force on a date later than originally anticipated. Specifically, the Regulations amend the date of commencement to align with the likely entry into force of the Convention, as per Section 62 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This amendment ensures that the regulations do not operate before the Convention is fully in effect.
These Regulations impose specific obligations on parties and entities involved in the export and import of hazardous waste, primarily by setting a new effective date. The obligation is to adhere to the amended commencement date of 1 January 2002, thereby ensuring compliance with the Waigani Convention once it becomes operational. This amendment is a precautionary measure to avoid any regulatory mismatches that could occur if the Principal Regulations were to come into effect prematurely.
The consequences of non-compliance with these Regulations, should they inadvertently come into effect before the Waigani Convention, could result in legal penalties. While specific penalties are not detailed in the Explanatory Statement, the original Act provides for penalties under its provisions. These may include fines or imprisonment for breaches related to the export or import of hazardous waste without proper authorisation or in contravention of the regulations. The maximum penalties are outlined in the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which could encompass significant financial penalties and imprisonment terms depending on the severity and nature of the breach.
The amendment's focus on aligning the commencement date with the Waigani Convention's entry into force indicates a commitment to international regulatory standards. By adjusting the date, the Regulations aim to maintain the integrity and effectiveness of Australia's hazardous waste management practices in line with international obligations. The minor nature of these amendments means they do not substantially alter existing arrangements but are essential for maintaining compliance with international commitments.