Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999
Statutory Rules No. 7, 1999
made under the
Hazardous Waste (Regulation of Exports and Imports) Act 1989
Compilation No. 6
Compilation date: 1 July 2026
Includes amendments: F2026L00826
About this compilation
This compilation
This is a compilation of the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of regulations
2 Authority
3 Purpose of these regulations
4 Definitions
5 Proposals that are within the scope of these regulations
6 No export to Forum Island Country etc
7 Discharge of wastes from a ship etc
Part 2—Notification and consent
8 Notice about competent authorities and acceptable languages
Part 3—Permits under the Convention
9 Meaning of terms for Part
10 Waigani import permit
11 Waigani transit permit
12 Declaration as to corresponding requirements
13 Conditions of permit—movement document
14 Conditions of import permit—notice of disposal
15 Condition of permit—notification of accidents
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes
Part 1—Preliminary
1 Name of regulations
These regulations are the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999.
2 Authority
These Regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
3 Purpose of these regulations
These regulations are intended to provide for giving effect to the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (known as the Waigani Convention), made at Port Moresby on 16 September 1995, except so far as that Convention relates to radioactive wastes.
Note 1: The Waigani Convention is an Article 11 arrangement under the Basel Convention—see s 4C of the Act (subject to the making of a Declaration by the Minister under that section). The Basel 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).
Note 2: The Waigani Convention is in Australian Treaty Series 2001 No. 17 ([2001] ATS 17) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Note 3: The Act does not apply to radioactive wastes—the definition of hazardous waste in the Act relies on the Basel Convention, which does not cover radioactive wastes. The export from, and import into, Australia of radioactive wastes is regulated under the Customs Act 1901, the Customs (Prohibited Exports) Regulations and the Customs (Prohibited Imports) Regulations.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Article 11 arrangement;
(b) Australia;
(c) CEO;
(d) disposal;
(e) hazardous waste;
(f) NEPA;
(g) special import permit;
(h) special transit permit;
(i) waste.
In these regulations:
Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
Convention means the Convention referred to in regulation 3.
Convention Area has the meaning given by Article 1 of the Convention.
Note: The Convention Area is:
“(i) the land territory, internal waters, territorial sea, continental shelf, archipelagic waters and exclusive economic zones established in accordance with international law of:
American Samoa Australia Cook Islands Federated States of Micronesia Fiji French Polynesia Guam Kiribati Republic of Marshall Islands Nauru New Caledonia and Dependencies New Zealand | Niue The Commonwealth of Northern Mariana Islands Republic of Palau Papua New Guinea Pitcairn Islands Solomon Islands Tokelau Tonga Tuvalu Vanuatu Wallis and Futuna Western Samoa; |
(ii) those areas of high seas which are enclosed from all sides by the exclusive economic zones referred to in sub‑paragraph (i);
(iii) areas of the Pacific Ocean which have been included in the Convention Area pursuant to Article 2.6;”.
(The quotation is from the definition of Convention Area in Article 1 of the Convention. Samoa is called Western Samoa in the text of the Convention as adopted in September 1995. It is therefore called by that name in the list above.)
Forum Island Country has the meaning given by Article 1 of the Convention.
Note: The following countries are the Forum Island Countries:
American Samoa Commonwealth of Northern Mariana Island Cook Islands Federated States of Micronesia Fiji French Polynesia Guam Kiribati Nauru New Caledonia and its dependencies | Niue Papua New Guinea Pitcairn Island Republic of Palau Republic of the Marshall Islands Samoa Solomon Islands Tokelau Tonga Tuvalu Vanuatu Wallis and Futuna. |
Party means a Party to the Convention.
5 Proposals that are within the scope of these regulations
The following kinds of import proposals and transit proposals are within the scope of these regulations:
(a) proposals to import hazardous waste from a Forum Island Country;
(b) proposals for the transit of hazardous waste through Australia from a Forum Island Country.
6 No export to Forum Island Country etc
Nothing in these regulations or Division 3 or 4 of Part 2, of the Act (as taken to apply in relation to an application by regulation 10 or 11), authorises the CEO to grant:
(a) an export permit for the export of hazardous waste to:
(i) a Forum Island Country; or
(ii) a territory (other than an Other Party, within the meaning given by Article 1 of the Convention) within the Convention Area; or
(b) an import permit for the import of hazardous waste from a country within the Convention Area that is not a Party to the Convention; or
(c) a transit permit for the transit of hazardous waste from, or to, a country within the Convention Area that is not a Party to the Convention.
Note 1: Other Party means Australia and New Zealand, which are Parties to the Convention, but are not Forum Island Countries.
Note 2: See Article 4 of the Convention.
Note 3: In addition, the Act directs the CEO not to grant a special export permit, a special import permit, or a special transit permit if the CEO is satisfied that the grant could result in hazardous waste being brought into Antarctica—see the Act, s 13F.
7 Discharge of wastes from a ship etc
Nothing in these regulations applies to wastes derived from the normal operation of a vessel (within the meaning given by Article 1 of the Convention), if the discharge of the wastes is covered by an international instrument other than the Convention.
Part 2—Notification and consent
8 Notice about competent authorities and acceptable languages
(1) The CEO may publish a notice on the NEPA’s website, setting out, for a Party:
(a) the authority of the Party that is the Competent Authority for the Convention, and the address of that authority; and
(b) the language that is acceptable to the Party.
Note: For Competent Authority, see Articles 1 and 5 of the Convention.
(2) For that notice, the CEO may rely on any information supplied by a Party from time to time, and is not obliged to verify that the information is correct.
Part 3—Permits under the Convention
9 Meaning of terms for Part
In this Part:
Waigani import permit means a special import permit for an import of hazardous waste referred to in paragraph 5(a).
Waigani transit permit means a special transit permit for a transit of hazardous waste referred to in paragraph 5(b).
10 Waigani import permit
(1) Sections 12 and 13B, and Divisions 3 and 4 of Part 2, of the Act are taken to apply in relation to a Waigani import permit, or an application for such a permit, as if:
(a) a reference to the Basel Convention were a reference to the Waigani Convention; and
(b) a reference to a Basel permit or a Basel import permit were a reference to a Waigani import permit; and
(c) provisions that apply only in relation to an export permit, or an application for such a permit, were omitted.
(2) Also, the CEO must not grant a Waigani import permit unless:
(a) the applicant has notified the countries concerned (within the meaning given by Article 1 of the Convention) of the relevant proposal, in accordance with Article 6 of the Convention; and
(b) each such country has consented to the proposal, in accordance with that Article; and
(c) the CEO is satisfied that the waste will not be dumped at sea within the Convention Area.
11 Waigani transit permit
(1) Sections 13A and 13B, and Divisions 3 and 4 of Part 2, of the Act are taken to apply in relation to an application for a Waigani transit permit as if:
(a) a reference to the Basel Convention were a reference to the Waigani Convention; and
(b) a reference to a Basel permit or a Basel import permit were a reference to a Waigani import permit; and
(c) provisions that apply only in relation to an export permit, or an application for such a permit, were omitted.
(2) Also, the CEO must not grant a Waigani transit permit unless:
(a) the applicant has notified the countries concerned (within the meaning given by Article 1 of the Convention) of the relevant proposal, in accordance with Article 6 of the Convention; and
(b) each such country has consented to the proposal, in accordance with that Article; and
(c) the CEO is satisfied that the waste will not be dumped at sea within the Convention Area.
12 Declaration as to corresponding requirements
(1) The requirements of this Part are declared to be corresponding requirements for section 13E of the Act in relation to a proposal to which this Part and another set of Article 11 regulations both apply.
(2) The requirements of this Part are declared to be corresponding requirements for subsection 18B(1) of the Act in relation to a proposal to which this Part and that subsection both apply.
13 Conditions of permit—movement document
(1) It is a condition of a Waigani import permit or a Waigani transit permit that the waste concerned must be accompanied by a movement document giving the information set out in Annex VI B of the Convention.
(2) It is a condition of a Waigani import permit or a Waigani transit permit that a person in Australia who takes charge of the waste concerned signs the movement document when the person receives the waste.
14 Conditions of import permit—notice of disposal
It is a condition of a Waigani import permit that the importer of the waste concerned must notify both the exporter and the competent authority of the exporting party when:
(a) the importer receives the waste; and
(b) the disposal of the waste is completed.
15 Condition of permit—notification of accidents
It is a condition of a Waigani import permit or a Waigani transit permit that if an accident occurs during a transboundary movement of hazardous waste under the permit, and the accident is likely to present a risk to human health or the environment, the holder of the permit immediately informs:
(a) the CEO; and
(b) the Competent Authority of any affected Party (other than Australia); and
(c) the appropriate authority of any other affected country.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
ed = editorial change | rep = repealed |
exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |
effect | s = section(s)/subsection(s) |
gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |
LA = Legislation Act 2003 | sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md) = misdescribed amendment can be given | SR = Statutory Rules |
effect | sub ch = Sub‑Chapter(s) |
(md not incorp) = misdescribed amendment | sub div = Subdivision(s) |
cannot be given effect | sub pt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Ord = Ordinance |
|
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999 (SR No. 7, 1999) | 11 Feb 1999 | 1 Jan 2002 (r 2) |
|
Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Amendment Regulations 1999 (No. 1) (SR No. 312, 1999) | 15 Dec 1999 | 15 Dec 1999 (r 2) | — |
Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | sch 1 (item 21): 5 Mar 2016 (s 2(1) item 1) | — |
Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment (2017 Measures) Regulations 2017 | 29 June 2017 (F2017L00788) | sch 1 (items 10‑17): 1 July 2017 (s 2(1) item 1) | — |
Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021 | 20 Dec 2021 (F2021L01843) | sch 1 (items 96, 97): 30 Dec 2021 (s 2(1) item 1) | — |
Environment Protection Reform Legislation Amendment (Consequential Amendments) Regulations 2026 | 25 June 2026 (F2026L00826) | sch 1 (items 40‑49): 1 July 2026 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 |
|
r 2....................... | rs No 312, 1999 |
| rep LA s 48D |
| ad F2021L01843 |
r 3....................... | am F2017L00788 |
r 4....................... | am F2017L00788; F2026L00826 |
r 6....................... | am F2026L00826 |
Part 2 |
|
r 8....................... | am F2017L00788; F2026L00826 |
Part 3 |
|
r 10...................... | am F2026L00826 |
r 11...................... | am F2026L00826 |
r 11A..................... | ad F2017L00788 |
| rep F2021L01843 |
r 15...................... | am F2016L00170; F2017L00788; F2026L00826 |
| ed C6 |
Schedule 1................. | rep F2017L00788 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Paragraph 15(a)
Kind of editorial change
Removal of redundant text
Details of editorial change
Schedule 1 item 48 of the Environment Protection Reform Legislation Amendment (Consequential Amendments) Regulations 2026 instructs to omit “Department” and substitute “the CEO” in paragraph 15(a).
This amendment results in two consecutive occurrences of the word “the”.
This compilation was editorially changed to omit the first occurrence of the word “the” from paragraph 15(a) to remove the redundant text.