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HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 33

Publication of certain particulars on Department's website

Requirement to publish information

  (1)   The Minister must cause to be published on the Department's website particulars of:

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

  (aa)   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

  (b)   each Basel permit or special permit granted; and

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

  (d)   each revocation of a Basel permit or special permit; and

  (e)   each surrender of a Basel permit or special permit; and

  (f)   each variation of a Basel permit or special permit; and

  (g)   each determination under section   13B.

The particulars may include the name of the person concerned.

Exception--contrary to the public interest

  (2)   Subsection   (1) does not apply to particular information if the Minister determines, in writing, that to publish the information would be contrary to the public interest because the publication would, or could reasonably be expected to:

  (a)   endanger public safety; or

  (b)   cause damage to:

  (i)   the security of Australia; or

  (ii)   the defence of Australia; or

  (iii)   the international relations of Australia.

Exception--invitations for public comment

  (2A)   Subsection   (1) does not apply to publishing an invitation described in paragraph   (1)(aa) for public comment on an application or notice if the Minister is satisfied that:

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

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

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

Exception--minor or technical variations of a permit

  (2B)   Subsection   (1) does not apply to:

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

  (b)   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

  (3)   The Minister must cause a publication required by this section to be made as soon as practicable after the requirement arises.

Publishing other information

  (4)   The Minister may cause to be published on the Department's website particulars of:

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

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

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

  (d)   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

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

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

The particulars may include the name of the person concerned.



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