Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Hazardous Waste (Regulation of Exports
and Imports) Amendment Bill 2016
No. , 2016
(Environment and Energy)
A Bill for an Act to amend the Hazardous Waste
(Regulation of Exports and Imports) Act 1989, and
for related purposes
No. , 2016
Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Hazardous Waste (Regulation of Exports and Imports) Act 1989
3
Part 2--Levy amendments
7
Hazardous Waste (Regulation of Exports and Imports) Act 1989
7
No. , 2016
Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016
1
A Bill for an Act to amend the Hazardous Waste
1
(Regulation of Exports and Imports) Act 1989, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Hazardous Waste (Regulation of Exports and
6
Imports) Amendment Act 2016.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016
No. , 2016
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
The later of:
(a) 1 July 2017; and
(b) the day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Hazardous Waste (Regulation of Exports and Imports) Act
3
1989
4
1 Section 4 (definition of Basel Convention)
5
Omit "(a copy of the English text of which is set out in the Schedule)",
6
substitute ", as amended and in force for Australia from time to time".
7
2 Section 4 (at the end of the definition of Basel Convention)
8
Add:
9
Note:
The Convention is in Australian Treaty Series 1992 No. 7 ([1992]
10
ATS 7) and could in 2016 be viewed in the Australian Treaties
11
Library on the AustLII website (http://www.austlii.edu.au).
12
3 At the end of subsection 13A(1)
13
Add:
14
Note:
If a transit proposal is in connection with the movement of hazardous
15
waste from one OECD country to another OECD country, a transit
16
permit may not be required for that proposal: see paragraph 40A(1)(b).
17
4 Subsection 18A(2)
18
Repeal the subsection, substitute:
19
(2) Despite subsection (1), the Minister may grant a Basel export
20
permit in the circumstances described in that subsection if the
21
Minister is satisfied that there are exceptional circumstances.
22
5 Paragraph 21(1)(e)
23
Repeal the paragraph.
24
6 Subsection 32(1)
25
Omit ", not exceeding $8,000,".
26
Schedule 1 Amendments
Part 1 Main amendments
4
Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016
No. , 2016
7 At the end of section 32
1
Add:
2
(7) The regulations may make provision for and in relation to the
3
indexation of prescribed fees.
4
8 Section 33 (heading)
5
Repeal the heading, substitute:
6
33 Publication of certain particulars on Department's website
7
9 Subsection 33(1)
8
Omit "in the Gazette", substitute "on the Department's website".
9
10 Subsection 40A(1)
10
Repeal the subsection (not including the note), substitute:
11
Prohibition of bringing waste into Australia
12
(1) A person must not bring hazardous waste into Australia (whether
13
or not by way of import) in the course of carrying out a transit
14
proposal unless:
15
(a) the person is the holder of a transit permit authorising the
16
person to bring the waste into Australia; or
17
(b) the carrying out of the transit proposal is in connection with
18
the movement of hazardous waste from one OECD country
19
to another OECD country and the Minister has notified the
20
person in writing that the person does not require a transit
21
permit for that proposal.
22
11 After subsection 40A(1)
23
Insert:
24
(1A) Before notifying a person under paragraph (1)(b), the Minister
25
must be satisfied:
26
(a) that carrying out the transit proposal will not pose a
27
significant risk of injury or damage to human beings or the
28
environment; and
29
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016
5
(b) of any other matters prescribed by the regulations for the
1
purposes of this paragraph.
2
(1B) Subsection (1A) does not limit the matters that the Minister may
3
take into account in deciding whether to give a notification under
4
paragraph (1)(b).
5
(1C) The Minister must, as soon as practicable after giving a notification
6
under paragraph (1)(b), cause to be published, on the Department's
7
website, particulars of the notification.
8
12 At the end of section 40A
9
Add:
10
OECD country definition
11
(6) In this section:
12
OECD country means a country that is a member of the
13
Organisation for Economic Cooperation and Development under
14
the Convention on the Organisation for Economic Cooperation and
15
Development done at Paris on 14 December 1960.
16
Note:
The Convention is in Australian Treaty Series 1971 No. 11 ([1971]
17
ATS 11) and could in 2016 be viewed in the Australian Treaties
18
Library on the AustLII website (http://www.austlii.edu.au).
19
13 Section 60
20
Before "The", insert "(1)".
21
14 At the end of section 60
22
Add:
23
; or (c) an APS employee who holds, or is acting in, an Executive
24
Level 2, or equivalent, position in the Department.
25
(2) In performing functions or exercising powers under a delegation,
26
the delegate must comply with any directions of the Minister.
27
15 Subsection 62(1)
28
Omit "(1)".
29
Schedule 1 Amendments
Part 1 Main amendments
6
Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016
No. , 2016
16 Subsection 62(2)
1
Repeal the subsection.
2
17 Schedule
3
Repeal the Schedule.
4
18 Application and transitional provisions
5
(1)
The repeal and substitution of subsection 18A(2) of the Hazardous
6
Waste (Regulation of Exports and Imports) Act 1989 made by this Part
7
applies in relation to permits granted on or after the commencement of
8
this item.
9
(2)
The repeal of paragraph 21(1)(e) of the Hazardous Waste (Regulation of
10
Exports and Imports) Act 1989 made by this Part applies in relation to
11
permits granted on or after the commencement of this item.
12
(3)
The amendment of subsection 33(1) of the Hazardous Waste
13
(Regulation of Exports and Imports) Act 1989 made by this Part applies
14
in relation to the publication of information on or after the
15
commencement of this item.
16
(4)
The repeal and substitution of subsection 40A(1) of the Hazardous
17
Waste (Regulation of Exports and Imports) Act 1989 made by this Part
18
applies in relation to hazardous waste brought into Australia on or after
19
the commencement of this item.
20
(5)
Regulations in force under subsection 62(1) of the Hazardous Waste
21
(Regulation of Exports and Imports) Act 1989 immediately before the
22
commencement of this item continue in force on and after that
23
commencement as if they were regulations in force under section 62 of
24
that Act.
25
Amendments Schedule 1
Levy amendments Part 2
No. , 2016
Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016
7
Part 2--Levy amendments
1
Hazardous Waste (Regulation of Exports and Imports) Act
2
1989
3
19 After section 32
4
Insert:
5
32A Applications to be accompanied by levy
6
(1) An application under section 12, 13 or 13A must be accompanied
7
by the levy imposed by the Hazardous Waste (Regulation of
8
Exports and Imports) Levy Act 2016.
9
Note:
An application under section 12, 13 or 13A must be for a Basel permit
10
or a special permit under a specified set of Article 11 regulations: see
11
section 13B.
12
(2) If the application is not accompanied by the levy, the application is
13
taken not to have been received by the Minister until the levy has
14
been paid.
15
20 Application provision
16
The amendment made by this Part applies in relation to applications
17
made on or after the commencement of this Part.
18