to give effect to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; and

to give effect to agreements and arrangements of the kind mentioned in Article 11 of that Convention.

to the export or proposed export of a substance or object to a particular foreign country; or

to, or to the carrying out of, a transit proposal that involves the export of a substance or object to a particular foreign country.

Declaration extending the meaning of hazardous waste—classification under foreign laws

the foreign country is a party to the Basel Convention; and

the Minister is satisfied that, under a law of that country that gives effect to the Basel Convention, a particular substance or object is, in particular circumstances, classified as hazardous waste; and

apart from this section, the waste is not hazardous waste;

the Minister must, by writing, declare that that substance or object is, in those circumstances, hazardous waste for those purposes.

Declaration extending the meaning of hazardous waste—waste collected from households

the Minister is satisfied that the foreign country classifies particular waste collected from households as hazardous waste; and

apart from this section, the waste is not hazardous waste;

the Minister must, by writing, declare that that waste is hazardous waste for those purposes.

Declaration has effect accordingly

a declaration is in force under subsection (2); and

the Minister ceases to be satisfied of the matter referred to in paragraph (2)(b);

the Minister must revoke the declaration.

Revocation of subsection (3) declaration

a declaration is in force under subsection (3); and

the Minister ceases to be satisfied of the matter referred to in paragraph (3)(a);

the Minister must revoke the declaration.

Gazettal of declaration

to bring hazardous waste into Australia (whether or not by way of import); and

to take the waste out of Australia within 30 days;

is a transit proposal so long as it is not proposed to dispose of the waste in Australia.

Extension of time for carrying out proposal

Australia has entered into an agreement or arrangement; and

the Minister is satisfied that the agreement or arrangement is of a kind mentioned in Article 11 of the Basel Convention;

the Minister must, by writing, declare that the agreement or arrangement is an Article 11 arrangement for the purposes of this Act.

Declaration has effect accordingly

a declaration is in force under this section; and

the Minister ceases to be satisfied of the matter referred to in paragraph (1)(b);

the Minister must revoke the declaration.

Gazettal of declaration

a territory is covered by either of the following subparagraphs:

a colony, overseas territory, overseas province or protectorate of a foreign country;

a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; and

the foreign country is a party to the Basel Convention; and

the territory is not specified in the regulations;

the territory is taken to be a party to the Basel Convention.

Competent authority of colony etc.

a colony, overseas territory, overseas province or protectorate of a foreign country; or

a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; or

a territory outside Australia that is to some extent self-governing, but that is not recognised as an independent sovereign state by Australia;

a person or organisation that officially represents the territory is taken to be a competent authority of the territory.

Subsection (2) has effect despite the definition of competent authority

to the import or proposed import of a substance or object from a particular foreign country; or

to the export or proposed export of a substance or object to a particular foreign country; or

to, or to the carrying out of, a transit proposal that involves the export of a substance or object to a particular foreign country.

the country is a party to an Article 11 arrangement; and

the substance or object is subject to notification or control under the arrangement; and

apart from this section, the substance or object is not hazardous waste;

the substance or object is taken to be hazardous waste for those purposes.

to the import or proposed import of a substance or object from a particular foreign country; or

to the export or proposed export of a substance or object to a particular foreign country; or

to, or to the carrying out of, a transit proposal that involves the export of a substance or object to a particular foreign country.

the country is a party to an Article 11 arrangement; and

the arrangement expressly provides that the substance or object is not subject to notification or control under the arrangement;

the substance or object is taken not to be hazardous waste for those purposes.

under subsection 22(2) or 26(2), the Minister specifies the day on or before which a permit condition relating to a Basel permit is to be complied with; and

the condition is not complied with on or before that day;

the holder of the permit is to be taken to have breached the condition at the end of that day.

under a set of Article 11 regulations, the Minister specifies the day on or before which a permit condition relating to a special permit is to be complied with; and

the condition is not complied with on or before that day;

the holder of the permit is taken to have breached that condition at the end of that day.

all relevant persons including foreign persons; and

all relevant searchable places in that jurisdiction, including any owned or occupied by foreign persons.

This Act and the Regulatory Powers Act have effect subject to international law obligations

the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and

any law of the Commonwealth giving effect to such an agreement.

an Australian citizen; or

an individual who is a resident of Australia; or

a body corporate established by or under a law of the Commonwealth, of a State or of a Territory; or

an Australian aircraft; or

an Australian vessel.

foreign person means a person other than:

an Australian citizen; or

an individual who is a resident of Australia; or

a body corporate established by or under a law of the Commonwealth, of a State or of a Territory.

be in the form approved by the Minister; and

set out, or be accompanied by, such information relating to the proposals as is required by the form.

the following matters are common to each proposal:

the physical and chemical characteristics of the waste;

the route over which the waste is to be transported;

the sender of the waste; and

the proposals constitute a regular pattern; and

the proposals will all be carried out within 12 months of each other.

be in the form approved by the Minister; and

set out, or be accompanied by, such information relating to the proposals as is required by the form.

the following matters are common to each proposal:

the physical and chemical characteristics of the waste;

the route over which the waste is to be transported;

the recipient of the waste; and

the proposals constitute a regular pattern; and

the proposals will all be carried out within 12 months of each other.

be in the form approved by the Minister; and

set out, or be accompanied by, such information relating to the proposals as is required by the form.

the following matters are common to each proposal:

the physical and chemical characteristics of the waste;

the route over which the waste is to be transported;

the sender and recipient of the waste; and

the proposals constitute a regular pattern; and

the proposals will all be carried out within 12 months of each other.

a Basel permit; or

a special permit under a specified set of Article 11 regulations;

but not both.

Application specifying Basel permit—adjustment of application

an application under section 12, 13 or 13A states that the applicant is applying for a Basel permit; and

the Minister is satisfied that there are special circumstances relating to the application;

the Minister may, by writing, determine that this Act has effect as if the applicant had applied instead for the corresponding type of special permit under a set of Article 11 regulations specified in the determination.

Application specifying special permit—adjustment of application

an application under section 12, 13 or 13A states that the applicant is applying for a special permit under a particular set of Article 11 regulations; and

the Minister is satisfied that there are special circumstances relating to the application;

the Minister may, by writing:

determine that this Act has effect as if the applicant had applied instead for the corresponding type of Basel permit; or

determine that this Act has effect as if the applicant had applied instead for the corresponding type of special permit under another set of Article 11 regulations specified in the determination.

Determination has effect accordingly

giving effect to an Article 11 arrangement; and

giving effect to an amendment of an Article 11 arrangement.

specify the kinds of import proposals, export proposals and transit proposals that are within the scope of that set of regulations; and

provide for the granting of permits by the Minister authorising the import of hazardous waste, where the permit relates to an import proposal within the scope of that set of regulations; and

provide for the granting of permits by the Minister authorising the export of hazardous waste, where the permit relates to an export proposal within the scope of that set of regulations; and

provide for the granting of permits by the Minister authorising the carrying out of transit proposals within the scope of that set of regulations.

conditions of special permits; and

the revocation, surrender and variation of special permits.

a person applies for a special import permit in relation to an import proposal that is within the scope of a particular set of Article 11 regulations; and

the proposal is within the scope of another set of Article 11 regulations;

the Minister must not grant the permit unless the Minister is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. For this purpose, a corresponding requirement of a particular set of Article 11 regulations is a requirement under that set of regulations:

that must be met before granting a special import permit under that set of regulations; and

that is declared by the regulations to be a corresponding requirement for the purposes of this subsection.

a person applies for a special export permit in relation to an export proposal that is within the scope of a particular set of Article 11 regulations; and

the proposal is within the scope of another set of Article 11 regulations;

the Minister must not grant the permit unless the Minister is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. For this purpose, a corresponding requirement of a particular set of Article 11 regulations is:

a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special export permit under that set of regulations authorising the export of hazardous waste to that country; or

another requirement under that set of regulations:

that must be met before granting a special export permit under that set of regulations; and

that is declared by the regulations to be a corresponding requirement for the purposes of this subsection.

a person applies for a special transit permit in relation to a transit proposal that is within the scope of a particular set of Article 11 regulations; and

the proposal is within the scope of another set of Article 11 regulations;

the Minister must not grant the permit unless the Minister is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. For this purpose, a corresponding requirement of a particular set of Article 11 regulations is:

a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special transit permit under that set of regulations authorising the carrying out of a transit proposal that involves the export of hazardous waste to that country; or

another requirement under that set of regulations:

that must be met before granting a special transit permit under that set of regulations; and

that is declared by the regulations to be a corresponding requirement for the purposes of this subsection.

be in the form approved by the Minister; and

set out, or be accompanied by, such information relating to the variation as is required by the form.

the application is to be taken to have been varied in accordance with the notice; and

the application, as varied, is to be taken to have been received by the Minister on the day on which the Minister received the notice.

the period in subsection 16(1) for the Minister to decide whether to grant the Basel permit is paused until the request is complied with; and

the application is taken to be withdrawn if the request is not complied with within 60 days after the day that the request is made.

(a) the competent authority of the country to which hazardous waste is to be exported under the permit (the receiving country); and

(b) the competent authority of each country (if any) (a transit country) through which the hazardous waste is to be transported in order to export it to the receiving country;

of such information about the application as is required by regulations made for the purposes of this subsection.

the competent authority of the receiving country has neither given nor refused written consent to the grant of the permit; or

a competent authority of a transit country notified under paragraph (1)(b) has neither given nor refused written consent to the grant of the permit;

the decision period is paused until the earlier of:

the latest day such a refusal or consent is given by a competent authority covered by paragraph (a) or (b); and

12 months after the day the Minister receives the application.

the application is for a Basel permit; and

the Minister thinks that it will take more than 60 days to decide whether to grant the permit;

the Minister may extend the decision period by up to a further 60 days.

the applicant;

in the case of an application for a Basel import permit—the competent authority of the country from which the permit authorises the import of hazardous waste;

in the case of a Basel export permit—the following:

(i) the competent authority of the country to which the permit authorises the export of hazardous waste (the receiving country);

the competent authority of each country (if any) through which the permit authorises the hazardous waste to be transported in order to export it to the receiving country.

the Minister is satisfied that dealing with the hazardous waste concerned in accordance with the import proposals or export proposals would be consistent with the environmentally sound management of the hazardous waste; and

in the case of a Basel export permit authorising the export of hazardous waste to a particular foreign country:

the Minister is satisfied that the competent authority of the country has given written consent to the grant of the permit; and

the Minister is satisfied that the consent was given in accordance with Article 6 of the Basel Convention; and

in the case of a Basel export permit— the Minister is satisfied that the hazardous waste will be allowed to be transported through any foreign country through which the waste is proposed to be transported; and

the Minister is satisfied that, having regard to:

the applicant’s financial viability; and

the applicant’s previous record in relation to environmental matters; and

any other relevant matters;

the applicant is a suitable person to be granted a Basel permit; and

the Minister is satisfied that the applicant has appropriate insurance; and

the Minister has taken into account any relevant public comments received in response to an invitation under paragraph 33(1)(aa) about the permit application (or any notice relating to that application).

the permit sought is a Basel export permit; and

having regard to the requirements of paragraph 3(b) of Article 6 of the Basel Convention, the Minister thinks that it would not be appropriate to grant the permit.

there is another way in which the hazardous waste could be dealt with; and

dealing with the waste in the other way would not pose a significant risk of injury or damage to human beings or the environment; and

having regard to Australia’s international obligations, the waste should be dealt with in the other way rather than in accordance with the import proposals or export proposals.

the hazardous waste could be disposed of safely and efficiently by using a facility in Australia; and

such a disposal would be consistent with the environmentally sound management of the waste; and

having regard to the desirability of using facilities in Australia for the disposal of hazardous waste, the waste should be disposed of by using that facility rather than in accordance with the export proposals.

the Minister is satisfied that carrying out the transit proposals will not pose a significant risk of injury or damage to human beings or the environment; and

the Minister is satisfied that, having regard to:

the applicant’s financial viability; and

the applicant’s previous record in relation to environmental matters; and

any other relevant matters;

the applicant is a suitable person to be granted a Basel transit permit; and

the Minister is satisfied that the applicant has appropriate insurance; and

the Minister has taken into account any relevant public comments received in response to an invitation under paragraph 33(1)(aa) about the permit application (or any notice relating to that application).

whether there will be a significant risk of injury or damage to human beings or the environment if the Minister decides not to grant the permit;

whether the waste is needed for research into improving the management of hazardous waste;

whether the waste is needed for testing for the purposes of improving the management of hazardous waste;

matters prescribed for the purposes of this paragraph.

a person applies for a Basel import permit in relation to an import proposal; and

the proposal is within the scope of a particular set of Article 11 regulations;

the Minister must not grant the permit unless the Minister is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal. For this purpose, a corresponding requirement of a particular set of Article 11 regulations is a requirement under that set of regulations:

that must be met before granting a special import permit under that set of regulations; and

that is declared by the regulations to be a corresponding requirement for the purposes of this subsection.

Export

a person applies for a Basel export permit in relation to an export proposal; and

the proposal is within the scope of a particular set of Article 11 regulations;

the Minister must not grant the permit unless the Minister is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal. For this purpose, a corresponding requirement of a particular set of Article 11 regulations is:

a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special export permit under that set of regulations authorising the export of hazardous waste to that country; or

another requirement under that set of regulations:

that must be met before granting a special export permit under that set of regulations; and

that is declared by the regulations to be a corresponding requirement for the purposes of this subsection.

Transit

a person applies for a Basel transit permit in relation to a transit proposal; and

the proposal is within the scope of a particular set of Article 11 regulations;

the Minister must not grant the permit unless the Minister is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal. For this purpose, a corresponding requirement of a particular set of Article 11 regulations is:

a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special transit permit under that set of regulations authorising the carrying out of a transit proposal that involves the export of hazardous waste to that country; or

another requirement under that set of regulations:

that must be met before granting a special transit permit under that set of regulations; and

that is declared by the regulations to be a corresponding requirement for the purposes of this subsection.

the kind of hazardous waste to be imported; and

the quantity of hazardous waste to be imported; and

the method of transport by which the hazardous waste is to be imported; and

the time at which, or period during which, the hazardous waste is to be imported; and

the place to which the hazardous waste is to be imported; and

the way in which the hazardous waste is to be dealt with after the import; and

if the hazardous waste is to be disposed of after the import—the facility to be used in the disposal and the process (if any) involved in the disposal.

the kind of hazardous waste to be exported; and

the quantity of hazardous waste to be exported; and

the method of transport by which the hazardous waste is to be exported; and

the time at which, or period during which, the hazardous waste is to be exported; and

the way in which the hazardous waste is to be dealt with after the export; and

if the hazardous waste is to be disposed of after the export—the facility to be used in the disposal and the process (if any) involved in the disposal.

one or more guarantees; or

one or more security deposits;

in respect of compliance by the permit holder with the permit holder’s obligations under, or arising out of, this Act.

a holding company gives the Minister a guarantee that a subsidiary of the holding company will pay any amounts owed by the subsidiary under subsection 38B(2);

a person gives the Minister a security deposit in respect of compliance by the person with the person’s obligations to pay amounts owing under subsection 38B(2).

the holder of the permit:

gave the Minister false, misleading or incomplete information; and

when doing so, failed to give the Minister an explanation for doing so, or failed to give the Minister the correct or complete information if the person was reasonably able to have done so; or

the holder of the permit:

is failing, or has failed, to comply with a condition to which the permit is subject; or

is failing, or has failed, to comply with a provision of this Act relating to the permit; or

is failing, or has failed after the granting of the permit, to provide or to arrange to provide an auditor with assistance that is reasonably necessary for the conduct of an audit; or

after considering information that was not considered when granting the permit, the permit would not be granted if the Minister were now asked to grant it; or

after considering information that was not considered when granting the permit, the revocation is necessary to prevent or lessen a threat of serious harm to human health or the environment; or

a ground prescribed by the regulations for the purposes of this paragraph is satisfied for the holder and the permit.

the Minister has given a written notice to the holder of the permit in accordance with subsection (2) of this section; and

the Minister has taken into account any information given, within 14 days after the day the notice is given to the permit holder, to the Minister in response to the notice.

specify the proposed revocation of the permit; and

specify the grounds for the proposed revocation; and

invite the holder of the permit to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the permit should not be revoked; and

include a statement setting out the holder’s right to seek review of a decision to revoke the permit.

that the permit is to be revoked;

the reasons for the revocation;

the day the revocation is to take effect (which must not be before the day the notice is given to the holder);

information about the holder’s right to seek review of the decision.

returning the permit to the Minister; and

giving the Minister written notice that the permit is surrendered.

the Minister is satisfied that, if the Minister were asked to grant the Basel permit (as proposed to be varied), the Minister would decide to grant the permit; and

the Minister has taken into account any relevant public comments received in response to an invitation under paragraph 33(1)(aa) about the application.

be in the form approved by the Minister; and

set out, or be accompanied by, such information in relation to the proposed variation as is required by the form.

the period in subsection 26B(1) for the Minister to decide whether to make the variation is paused until the request is complied with; and

the application is taken to be withdrawn if the request is not complied with within 60 days after the day the request is made.

(a) the competent authority of the country to which hazardous waste is to be exported under the permit (the receiving country); and

(b) the competent authority of each country (if any) (a transit country) through which the hazardous waste is to be transported in order to export it to the receiving country;

of such information about the application as is required by regulations made for the purposes of this subsection.

the competent authority of the receiving country has neither given nor refused written consent to the variation; or

a competent authority of a transit country notified under paragraph (1)(b) has neither given nor refused written consent to the variation;

the decision period is paused until the earlier of:

the latest day such a refusal or consent is given by a competent authority covered by paragraph (a) or (b); and

12 months after the day the Minister receives the application.

the application is for a variation of a Basel permit; and

the Minister thinks that it will take more than 60 days to decide whether to make the variation;

the Minister may extend the decision period by up to a further 60 days.

the applicant;

in the case of a variation of a Basel import permit—the competent authority of the country from which the permit authorises the import of hazardous waste;

in the case of a variation of a Basel export permit—the following:

(i) the competent authority of the country to which the permit authorises the export of hazardous waste (the receiving country);

the competent authority of each country (if any) through which the permit authorises the hazardous waste to be transported in order to export it to the receiving country.

the Minister has given a written notice to the holder of the permit in accordance with subsection (2) of this section; and

the Minister has taken into account any information given, within 14 days after the day the notice is given to the permit holder, to the Minister in response to the notice.

specify the proposed variation of the permit; and

specify the grounds for the proposed variation; and

invite the holder of the permit to give the Minister, within 14 days after the day the notice is given, a written statement showing cause why the permit should not be varied; and

include a statement setting out the holder’s right to seek review of a decision to vary the permit.

that the permit is to be varied;

the reasons for the variation;

the day the variation is to take effect (which must not be before the day the notice is given to the holder);

information about the holder’s right to seek review of the decision.

each application and notice received by the Minister under this Part or under a set of Article 11 regulations; and

for each application or notice described in paragraph (a)—an invitation for members of the public to comment on the application or notice within 15 business days after being published under this subsection; and

each Basel permit or special permit granted; and

each decision not to grant a Basel permit or special permit; and

each revocation of a Basel permit or special permit; and

each surrender of a Basel permit or special permit; and

each variation of a Basel permit or special permit; and

each determination under section 13B.

The particulars may include the name of the person concerned.

Exception—contrary to the public interest

endanger public safety; or

cause damage to:

the security of Australia; or

the defence of Australia; or

the international relations of Australia.

Exception—invitations for public comment

the existence of exceptional circumstances means it is inappropriate to do so; or

it would not be in the public interest to do so; or

the application, or notice, is for a variation that is of a minor or technical nature.

Exception—minor or technical variations of a permit

a variation of a kind described in paragraph (1)(f); or

an application for such a variation;

if the variation is of a minor or technical nature.

Publishing must happen as soon as practicable after it is required

any offence against this Act for which a person has been convicted; and

any order under section 82 of the Regulatory Powers Act against a person for contravening a civil penalty provision of this Act; and

any undertaking given under section 114 of the Regulatory Powers Act by a person in relation to a provision of this Act; and

any order under section 115 of the Regulatory Powers Act against a person for a breach of an undertaking given in relation to a provision of this Act; and

any injunction under section 121 or 122 of the Regulatory Powers Act against a person in relation to a provision of this Act; and

any order under the Minister to a person.Part 3 of this Act by

The particulars may include the name of the person concerned.

the person imports waste; and

the waste is hazardous waste; and

the person is not the holder of an import permit authorising the person to import the hazardous waste; and

the person is not the holder of a transit permit authorising the person to import the hazardous waste; and

there is no notification in force under subsection 33G(1) that the person does not require a transit permit to import the hazardous waste; and

the import has not been ordered under section 35; and

the import is not authorised by an order under section 38.

Compliance with import permits

the person imports waste; and

the waste is hazardous waste; and

the person is the holder of an import permit authorising the person to import the hazardous waste; and

the import is not in accordance with the permit.

Compliance with permit conditions

the person imports waste; and

the waste is hazardous waste; and

the person is the holder of an import permit authorising the person to import the hazardous waste; and

the permit is subject to a permit condition; and

the person does an act or omits to do an act; and

the act or omission does not comply with the permit condition in relation to the import (whether before, during or after the import).

Fault-based offence

the person imports waste; and

the waste is hazardous waste; and

the person is not the holder of an import permit authorising the person to import the hazardous waste; and

the person is not the holder of a transit permit authorising the person to import the hazardous waste; and

there is no notification in force under subsection 33G(1) that the person does not require a transit permit to import the hazardous waste; and

the import has not been ordered under section 35; and

the import is not authorised by an order under section 38; and

the import, or the presence of the hazardous waste in Australia after the import, injures or damages, or is likely to injure or damage, human beings or the environment.

Compliance with import permits

the person imports waste; and

the waste is hazardous waste; and

the person is the holder of an import permit authorising the person to import the hazardous waste; and

the import is not in accordance with the permit; and

the import, or the presence of the hazardous waste in Australia after the import, injures or damages, or is likely to injure or damage, human beings or the environment.

Compliance with permit conditions

the person imports waste; and

the waste is hazardous waste; and

the person is the holder of an import permit authorising the person to import the hazardous waste; and

the permit is subject to a permit condition; and

the person does an act or omits to do an act; and

the act or omission does not comply with the permit condition in relation to the import (whether before, during or after the import); and

the non-compliance with the permit condition injures or damages, or is likely to injure or damage, human beings or the environment.

Fault-based offence

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (4) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 33A(4); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Strict liability offence

the person exports waste; and

the waste is hazardous waste; and

the person is not the holder of an export permit authorising the person to export the hazardous waste; and

the person is not the holder of a transit permit authorising the person to export the hazardous waste; and

there is no notification in force under subsection 33G(1) that the person does not require a transit permit to export the hazardous waste; and

the export has not been ordered under section 34 or 35A.

Compliance with export permits

the person exports waste; and

the waste is hazardous waste; and

the person is the holder of an export permit authorising the person to export the hazardous waste; and

the export is not in accordance with the permit.

Compliance with permit conditions

the person exports waste; and

the waste is hazardous waste; and

the person is the holder of an export permit authorising the person to export the hazardous waste; and

the permit is subject to a permit condition; and

the person does an act or omits to do an act; and

the act or omission does not comply with the permit condition in relation to the export (whether before, during or after the export).

Fault-based offence

the person exports waste; and

the waste is hazardous waste; and

the person is not the holder of an export permit authorising the person to export the hazardous waste; and

the person is not the holder of a transit permit authorising the person to export the hazardous waste; and

there is no notification in force under subsection 33G(1) that the person does not require a transit permit to export the hazardous waste; and

the export has not been ordered under section 34 or 35A; and

the export, or the presence of the hazardous waste outside of Australia after the export, injures or damages, or is likely to injure or damage, human beings or the environment.

Compliance with export permits

the person exports waste; and

the waste is hazardous waste; and

the person is the holder of an export permit authorising the person to export the hazardous waste; and

the export is not in accordance with the permit; and

the export, or the presence of the hazardous waste outside of Australia after the export, injures or damages, or is likely to injure or damage, human beings or the environment.

Compliance with permit conditions

the person exports waste; and

the waste is hazardous waste; and

the person is the holder of an export permit authorising the person to export the hazardous waste; and

the permit is subject to a permit condition; and

the person does an act or omits to do an act; and

the act or omission does not comply with the permit condition in relation to the export (whether before, during or after the export); and

the non-compliance with the permit condition injures or damages, or is likely to injure or damage, human beings or the environment.

Fault-based offence

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (4) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 33C(4); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Strict liability offence

in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and

the waste is hazardous waste; and

the person is not the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and

there is no notification in force under subsection 33G(1) that the person does not require a transit permit for the transit proposal.

Compliance with transit permits—bringing waste into Australia

in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and

the waste is hazardous waste; and

the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and

the bringing of the hazardous waste into Australia is not in accordance with the permit.

Compliance with transit permits—exporting waste

in the course of carrying out a transit proposal, the person exports waste; and

the waste is hazardous waste; and

the person is the holder of a transit permit authorising the person to export the hazardous waste; and

the export is not in accordance with the permit.

Compliance with permit conditions

in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and

the waste is hazardous waste; and

the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and

the permit is subject to a permit condition; and

the person does an act or omits to do an act; and

the act or omission does not comply with the permit condition in relation to the transit of the hazardous waste (whether before, during or after bringing it into Australia).

Fault-based offence

in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and

the waste is hazardous waste; and

the person is not the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and

there is no notification in force under subsection 33G(1) that the person does not require a transit permit for the transit proposal; and

the bringing into Australia, or the presence in Australia, of the hazardous waste injures or damages, or is likely to injure or damage, human beings or the environment.

Compliance with transit permits—bringing waste into Australia

in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and

the waste is hazardous waste; and

the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and

the bringing of the hazardous waste into Australia is not in accordance with the permit; and

the bringing into Australia, or the presence in Australia, of the hazardous waste injures or damages, or is likely to injure or damage, human beings or the environment.

Compliance with transit permits—exporting waste

in the course of carrying out a transit proposal, the person exports waste; and

the waste is hazardous waste; and

the person is the holder of a transit permit authorising the person to export the hazardous waste; and

the export is not in accordance with the permit; and

the export, or the presence of the hazardous waste outside of Australia after the export, injures or damages, or is likely to injure or damage, human beings or the environment.

Compliance with permit conditions

in the course of carrying out a transit proposal, the person brings waste into Australia (whether or not by way of import); and

the waste is hazardous waste; and

the person is the holder of a transit permit authorising the person to bring the hazardous waste into Australia; and

the permit is subject to a permit condition; and

the person does an act or omits to do an act; and

the act or omission does not comply with the permit condition in relation to the transit of the hazardous waste (whether before, during or after bringing it into Australia); and

the non-compliance with the permit condition injures or damages, or is likely to injure or damage, human beings or the environment.

Fault-based offence

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (5) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 33E(5); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Strict liability offence

that carrying out the transit proposal is in connection with the movement of hazardous waste from one OECD country to another OECD country; and

that the hazardous waste is destined for recovery operations; and

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

of any other matters prescribed by the regulations for the purposes of this paragraph; and

of any other matters the Minister considers relevant.

is no longer satisfied of the matters in paragraphs (1)(a) to (d) in relation to the transit proposal and the person; or

is satisfied that the person is failing, or has failed after the notice was given, to provide, or to arrange to provide, an auditor with assistance that is reasonably necessary for the conduct of an audit.

the person sells waste to a body corporate incorporated outside Australia (whether the sale occurs within or outside Australia); and

the waste is hazardous waste; and

the body corporate:

does not have a registered office in Australia; or

does not have a principal office, and at least one executive officer, in Australia; and

the person sells the waste knowing, or being reckless as to whether, the waste is to be exported by the body corporate; and

an export permit authorising the export of the waste is not in force when the sale occurs.

the person sells waste to another person who is located outside Australia; and

the waste is hazardous waste; and

the person sells the waste knowing, or being reckless as to whether, the waste is to be exported; and

an export permit authorising the export of the waste is not in force when the sale occurs.

Fault-based offence

subsection 33A(1) (import of hazardous waste—basic contravention);

subsection 33A(2) (import in accordance with permit—basic contravention);

subsection 33A(3) (compliance with permit conditions—basic contravention);

subsection 33B(1) (import of hazardous waste—injury or damage);

subsection 33B(2) (import in accordance with permit—injury or damage);

subsection 33B(3) (compliance with permit conditions—injury or damage);

subsection 38F(1) (contravention of order to import hazardous waste—basic contravention);

subsection 38G(1) (contravention of order to import hazardous waste—injury or damage).

order the waste to be exported; or

specify the day on or before which anything required to be done in relation to the waste is to be done.

subsection 33C(1) (export of hazardous waste—basic contravention);

subsection 33C(2) (export in accordance with permit—basic contravention);

subsection 33C(3) (compliance with permit conditions—basic contravention);

subsection 33D(1) (export of hazardous waste—injury or damage);

subsection 33D(2) (export in accordance with permit—injury or damage);

subsection 33D(3) (compliance with permit conditions—injury or damage).

order the waste to be imported; or

specify the day on or before which anything required to be done in relation to the waste is to be done.

subsection 33E(1) (transit of hazardous waste—basic contravention);

subsection 33E(2) (compliance with transit permit to bring waste into Australia—basic contravention);

subsection 33E(3) (compliance with transit permit to export waste—basic contravention);

subsection 33E(4) (compliance with transit permit conditions—basic contravention);

subsection 33F(1) (transit of hazardous waste—injury or damage);

subsection 33F(2) (compliance with transit permit to bring waste into Australia—injury or damage);

subsection 33F(3) (compliance with transit permit to export waste—injury or damage);

subsection 33F(4) (compliance with transit permit conditions—injury or damage).

order the waste to be exported; or

specify the day on or before which anything required to be done in relation to the waste is to be done.

a person contravenes one or more of the following provisions in relation to hazardous waste:

subsection 33A(1), (2) or (3) (import of hazardous waste—basic contravention);

subsection 33B(1), (2) or (3) (import of hazardous waste—injury or damage);

subsection 33C(1), (2) or (3) (export of hazardous waste—basic contravention);

subsection 33D(1), (2) or (3) (export of hazardous waste—injury or damage);

subsection 33E(1), (2), (3) or (4) (transit of hazardous waste—basic contravention);

subsection 33F(1), (2), (3) or (4) (transit of hazardous waste—injury or damage); and

the Minister is satisfied that the contravention resulted in the waste causing significant injury or damage to human beings or the environment;

the Minister may, in writing, order the person to take such steps as the Minister thinks proper to remedy or mitigate the damage.

a person has exported hazardous waste in accordance with the requirements of this Act; and

the waste cannot be dealt with in accordance with:

if the export was authorised by an export permit—the permit (including the permit conditions); or

if the export was ordered by the Minister under section 34—the order;

the person may apply to the Minister, in writing, for an order authorising the person to import the waste.

the person has been given an order under section 34, 35, 35A or 38 requiring the person:

to deal with hazardous waste in a specified way; or

to deal with hazardous waste by a specified time; and

the person does an act or omits to do an act; and

the act or omission contravenes the requirement; and

the Minister is satisfied that the non-compliance with the requirement resulted in the waste causing significant injury or damage to human beings or the environment;

the Minister may, in writing, order the person to take such steps as the Minister thinks proper to remedy or mitigate the damage.

the Minister makes an order under section 34, 35, 35A, 36, 38 or 38A requiring a person to do something; and

the person does not do the thing as and when required by the order;

the Minister may arrange for the thing to be done.

the Court; or

the Federal Circuit and Family Court of Australia (Division 2); or

a court of a State or Territory that has jurisdiction in relation to the matter.

the person has been given an order under section 34, 35 or 35A requiring the person:

to deal with hazardous waste in a specified way; or

to deal with hazardous waste by a specified time; and

the person does an act or omits to do an act; and

the act or omission contravenes the requirement.

Fault-based offence

the person has been given an order under section 34, 35 or 35A requiring the person:

to deal with hazardous waste in a specified way; or

to deal with hazardous waste by a specified time; and

the person does an act or omits to do an act; and

the act or omission contravenes the requirement; and

the non-compliance with the requirement injures or damages human beings or the environment.

Fault-based offence

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 38C(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Strict liability offence

the person has been given an order under section 36 or 38A requiring the person to take steps to remedy or mitigate damage; and

the person does an act or omits to do an act; and

the act or omission contravenes the requirement.

Fault-based offence

the person has been given an order under section 38 requiring the person to deal with hazardous waste in a specified way; and

the person does an act or omits to do an act; and

the act or omission contravenes the requirement.

Fault-based offence

the person has been given an order under section 38 requiring the person to deal with hazardous waste in a specified way; and

the person does an act or omits to do an act; and

the act or omission contravenes the requirement; and

the act or omission injures or damages, or is likely to injure or damage, human beings or the environment.

Fault-based offence

the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (2) of this section; and

the trier of fact is satisfied that the defendant is guilty of the offence against subsection 38F(2); and

the defendant has been accorded procedural fairness in relation to that finding of guilt.

Strict liability offence

a person has been given an order under this Part requiring the person to give the Minister specified information by a specified time and in a specified manner; and

the person does an act or omits to do an act; and

the act or omission contravenes the requirement.

Strict liability offence

a person who holds a permit under this Act in relation to the import, export or transit of hazardous waste;

a person who has been notified under subsection 33G(1) that a transit permit is not required for carrying out a transit proposal;

a person who has been given an order under Part 3 of this Act.

the kind of records that must be made and retained;

the form in which records must be retained;

the period for which records must be retained.

the person is required to make or retain a record in accordance with regulations made for the purposes of subsection (1); and

the person fails to comply with the requirement.

Strict liability offence

specified information; or

specified documents;

that the Secretary reasonably believes that the person is capable of giving for the purposes of investigating or preventing a contravention of a provision of this Act.

the person is given a notice under subsection (1); and

the person fails to comply with the notice.

Strict liability offence

the information given or document produced; and

the giving of the information or the production of the document; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information or the production of the document;

are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against:

section 41E of this Act; or

(e) Criminal Code in relation to giving the information or producing the document.section 137.1 or 137.2 of the

the Minister reasonably believes that the disclosure of the information is necessary for:

the enforcement of the criminal law; or

the enforcement of a law imposing a pecuniary penalty; or

the protection of public revenue; and

the functions of that body include that enforcement or protection.

a Commonwealth entity;

a State or Territory government body;

the Australian Federal Police;

the police force or police service of a State or Territory.

the person is, or has been, an entrusted person; and

the person has obtained relevant information in the person’s capacity as an entrusted person; and

the information is protected information; and

the person uses or discloses the information.

Exceptions

this Act; or

any other law of the Commonwealth; or

a prescribed law of a State or a Territory.

Fault-based offence

the person is, or has been, an official of a Commonwealth entity; and

the person has obtained relevant information in the person’s capacity as an official of the entity; and

the information is protected information that was disclosed to the entity under section 41G; and

the person uses or discloses the information other than for the purpose for which it was disclosed to the entity.

Fault-based offence

appoint an eligible person to be an inspector; or

appoint a class of eligible persons to be inspectors.

officers and employees of the Commonwealth and of authorities of the Commonwealth;

officers and employees of a State or Territory whom a Minister of the Crown of the State, or Minister of the Territory, has agreed may be appointed as inspectors;

members and special members of the Australian Federal Police;

members of the police force of a State or Territory whom a Minister of the Crown of the State, or Minister of the Territory, has agreed may be appointed as inspectors.

each provision of this Act;

(b) an offence against the Crimes Act 1914 or the Criminal Code to the extent that it relates to this Act.

Information subject to monitoring

there are no related provisions; and

an inspector is an authorised applicant; and

a magistrate is an issuing officer; and

the Secretary is the relevant chief executive; and

the Court is the relevant court.

Authorised persons

an inspector is an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2); and

an officer of Customs is an authorised person in relation to either of sections 48 and 49 of this Act and the information given in compliance or purported compliance with either of those sections.

Person assisting

whether a provision mentioned in subsection 43(1) has been, or is being, complied with; or

the correctness of information mentioned in subsection 43(2);

the additional powers mentioned in subsection (2) of this section are taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.

(a) the power to sample any thing in a searchable place entered under Part 2 of the Regulatory Powers Act; and

the power to remove, test and analyse such samples; and

the power to secure a searchable place entered under Part 2 of the Regulatory Powers Act; and

the power to secure things in a searchable place entered under Part 2 of the Regulatory Powers Act for the purposes of sampling, testing or analysing those things; and

the powers set out in sections 47, 48 and 49 of this Act.

Premises

a provision mentioned in subsection 43(1) of this Act; and

information mentioned in subsection 43(2) of this Act;

to enter a searchable place that is a vessel, aircraft or vehicle, the monitoring powers under Part 2 of the Regulatory Powers Act are taken to include a power that the authorised person may stop and detain the vessel, aircraft or vehicle for the purposes of:

entering the vessel, aircraft or vehicle; and

exercising monitoring powers under that Part.

Announcement before entry under a warrant

whether a provision mentioned in subsection 43(1) has been, or is being, complied with; or

the correctness of information mentioned in subsection 43(2);

paragraph 26(b) of the Regulatory Powers Act is taken not to apply to an authorised person if the authorised person reasonably believes that showing the authorised person’s identity card before entering a searchable place under Part 2 of that Act is not practical in the circumstances.

the relevant authority in relation to the searchable place;

another person who apparently represents the relevant authority in relation to the searchable place;

the Regulatory Powers Act is taken to require the authorised person to show the authorised person’s identity card to the relevant authority, or other person, as soon as is practicable.

Use of force in executing a monitoring warrant

an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

an offence against this Act; or

a civil penalty provision of this Act; or

(c) an offence against the Crimes Act 1914 or the Criminal Code to the extent that it relates to this Act.

Related provisions, authorised applicant, issuing officer, relevant chief executive and relevant court

there are no related provisions; and

an inspector is an authorised applicant; and

a magistrate is an issuing officer; and

the Secretary is the relevant chief executive; and

the Court is the relevant court.

Authorised persons

an inspector is an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1); and

an officer of Customs is an authorised person in relation to evidential material that relates to either of sections 48 and 49 of this Act.

Person assisting

the power to sample any thing in a searchable place entered under Part 3 of the Regulatory Powers Act; and

the power to remove, test and analyse such samples; and

the power to secure a searchable place entered under Part 3 of the Regulatory Powers Act; and

the power to secure things in a searchable place entered under Part 3 of the Regulatory Powers Act for the purposes of sampling, testing or analysing those things; and

the powers set out in sections 47, 48 and 49 of this Act.

Premises

entering the vessel, aircraft or vehicle; and

exercising investigation powers under that Part.

Use of force in executing an investigation warrant

an authorised person may use such force against things as is necessary and reasonable in the circumstances; and

a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.

an Australian vessel or Australian aircraft; or

a vessel or aircraft that is within Australian jurisdiction;

hazardous waste that is to be, or that has been, imported, exported or the subject of a transit proposal.

ensure the vessel does not remain, or does not come, as the case requires, within Australian jurisdiction;

ensure the vessel is brought to a specified place to which it is safe and practicable to bring the vessel;

ensure the vessel remains at a specified place until an authorised person permits the vessel to leave;

arrange for goods being carried on the vessel to be unloaded;

(e) ensure that goods being carried on the vessel are not unloaded until an authorised person permits their unloading.

ensure the aircraft does not remain, or does not come, as the case requires, within Australian jurisdiction;

ensure the aircraft is landed at a specified airport at which it is safe and practicable to land the aircraft;

(c) ensure the aircraft remains at a specified airport until an authorised person permits the aircraft to leave;

arrange for goods being carried on the aircraft to be unloaded;

(e) ensure that goods being carried on the aircraft are not unloaded until an authorised person permits their unloading.

an international signal code; or

if the requirement relates to a vessel—any other internationally recognised means of communication with a vessel; or

if the requirement relates to an aircraft—any other internationally recognised means of communication with an aircraft.

Complying with requirement

the person is subject to a requirement under this section; and

the person fails to comply with the requirement.

intends to import or export hazardous waste; or

is importing or exporting hazardous waste; or

has imported or exported hazardous waste.

a Basel permit or special permit authorising the import or export; or

an order under section 34, 35, 35A or 38 authorising or requiring the import or export.

Complying with requirement

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

Strict liability offence

intends to carry out a transit proposal; or

is carrying out a transit proposal; or

has carried out a transit proposal.

a transit permit authorising the carrying out of the transit proposal; or

a notification in force under subsection 33G(1) that a transit permit is not required for the transit proposal.

Complying with requirement

the person is subject to a requirement under subsection (2); and

the person fails to comply with the requirement.

Strict liability offence

operations purportedly covered by an import proposal that is or was covered by an import permit;

operations purportedly covered by an export proposal that is or was covered by an export permit;

operations purportedly covered by a transit proposal that is or was covered by a transit permit;

operations that are or were covered by an order under Part 3;

operations that are or were purportedly covered by a notification under subsection 33G(1);

operations that are or were carried out, or proposed to be carried out, in any other circumstances prescribed by the regulations for the purposes of this paragraph.

Matters to which audit must relate

are covered by any permit, order or notification referred to in that paragraph; or

are complying, have complied, or will comply with any permit, order or notification referred to in that paragraph; or

are complying, have complied, or will comply with any requirement of, or made under, this Act; or

if a notification is referred to in that paragraph—would likely result in the Minister still being satisfied of the criteria in subsection 33G(1) were the Minister to consider making the notification again; or

are complying, have complied, or will comply with any other matter relating to the operation of this Act prescribed by the regulations for the purposes of this paragraph.

reasonably necessary for the effective conduct of the audit; or

incidental to the matter to which the audit relates.

Who may conduct audit

other matters relating to the conduct of an audit; and

the process to be followed after an audit has been completed.

information that must be provided to the relevant person for the audit before the audit, during the audit or after the audit is completed;

requirements for reports to be provided in relation to an audit.

in relation to the provisions mentioned in subsection (1)—the Secretary;

in relation to:

conduct or proposed conduct in contravention of a provision of this Act; or

a refusal or failure to do a thing that was, is or would be a contravention of a provision of this Act;

a person who, or entity to which, subsection (3), (4), (5) or (6) applies.

the individual is an Australian citizen or ordinarily resident in Australia; and

at any time during the 2-year period ending immediately before the individual makes an application for an injunction, the individual has engaged in one or more activities relating to any of the following:

research into hazardous waste;

the protection of human beings or the environment from the harmful effects of hazardous waste;

research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;

the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste.

the body corporate is incorporated in Australia; and

at any time during the 2-year period ending immediately before the body corporate makes an application for an injunction, the body corporate has engaged in one or more activities relating to any of the following:

research into hazardous waste;

the protection of human beings or the environment from the harmful effects of hazardous waste;

research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;

the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste; and

the objects or purposes of the body corporate include any of the following:

research into hazardous waste;

the protection of human beings or the environment from the harmful effects of hazardous waste;

research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;

the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste.

the organisation or association was established in Australia; and

at any time during the 2-year period ending immediately before the organisation or association makes an application for an injunction, the organisation or association has engaged in one or more activities relating to any of the following:

research into hazardous waste;

the protection of human beings or the environment from the harmful effects of hazardous waste;

research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;

the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste; and

the objects or purposes of the organisation or association include any of the following:

research into hazardous waste;

the protection of human beings or the environment from the harmful effects of hazardous waste;

research into pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste;

the protection of human beings or the environment from the harmful effects of pollution of the air, water or soil, where the pollution results from the disposal of hazardous waste.

the activities are carried on within Australian jurisdiction; or

the activities relate to the effects of hazardous waste of Australian origin on human beings, or the environment, outside of Australian jurisdiction.