Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"Antarctica" means the area south of 60 ï‚° South Latitude, including all ice shelves in that area.
"Article 11 arrangement" has the meaning given by section 4C.
"audit" means an audit under Subdivision B of Division 2 of Part 5.
"Australia" , when used in a geographical sense:
(a) includes the external Territories; but
(b) does not include Australian waters.
"Australian aircraft" means an aircraft:
(a) that is owned or operated by:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or a State or Territory; or
(b) that is registered, or required to be registered, in Australia.
"Australian jurisdiction" means Australia or Australian waters, including over Australia or Australian waters.
"Australian platform" means a platform:
(a) that is fixed to:
(i) the seabed or subsoil beneath Australian waters; or
(ii) the continental shelf of Australia; or
(b) that is otherwise operating in:
(i) Australian waters; or
(ii) a part of the sea above the continental shelf of Australia.
"Australian vessel" means a vessel:
(a) that is owned or operated by:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or a State or Territory; or
(b) that is registered, or required to be registered, in Australia.
"Australian waters" means the following:
(a) the coastal sea of Australia;
(b) the coastal sea of each external Territory;
which have the same meanings as in section 15B of the Acts Interpretation Act 1901 .
"Basel Convention" means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as amended and in force for Australia from time to time.
Note: The 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).
"Basel export permit" means a permit under section 17 permitting the export of hazardous waste.
"Basel import permit" means a permit under section 17 permitting the import of hazardous waste.
"Basel permit" means:
(a) a Basel export permit; or
(b) a Basel import permit; or
(c) a Basel transit permit.
"Basel transit permit" means a permit under section 17A permitting the carrying out of one or more transit proposals relating to hazardous waste.
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"Commonwealth entity" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"competent authority" , in relation to a foreign country, means:
(a) if the country is a party to the Basel Convention--the competent authority of the country within the meaning of the Basel Convention; and
(b) otherwise--a person or organisation that officially represents the country.
Note: The operation of this definition is modified in relation to colonies etc. by section 4D.
"Court" means the Federal Court of Australia.
"deal with" , in relation to hazardous waste, includes dispose of.
"decision period" means:
(a) in relation to a permit application--the period referred to in subsection 16(1), but as paused or extended under section 15, 16A, 16B, 16C or 16D; or
(b) in relation to a variation application--the period referred to in subsection 26B(1), but as paused or extended under Subdivision C of Division 4 of Part 2.
"disposal" means an operation specified in Annex IV to the Basel Convention.
"entrusted person" means:
(a) the Minister; or
(b) the Secretary; or
(c) an APS employee in the Department; or
(d) any other person employed in, or engaged by, the Department.
"environmentally sound managemen" t , in relation to hazardous waste, has the meaning given by section 4E.
"evidential material" has the same meaning as in the Regulatory Powers Act.
"executive officer" , in relation to a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned with, or takes part in, the management of the body.
"export" means export from Australia.
"export permit" means:
(a) a Basel export permit; or
(b) a special export permit.
"export proposal" means a proposal to export hazardous waste and to deal with it outside Australia.
"foreign country" includes:
(a) a colony, overseas territory, overseas province or protectorate of a foreign country; and
(b) a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; and
(c) a territory outside Australia that is to some extent self - governing, but that is not recognised as an independent sovereign state by Australia.
"hazardous waste" means:
(a) waste prescribed by the regulations, where the waste has any of the characteristics mentioned in Annex III to the Basel Convention; or
(b) wastes covered by paragraph 1(a) of Article 1 of the Basel Convention; or
(c) household waste; or
(d) residues arising from the incineration of household waste; or
(e) plastic wastes, including mixtures of such wastes, covered by Annex II to the Basel Convention;
but does not include wastes covered by paragraph 3 or 4 of Article 1 of the Basel Convention.
Note 1: Section 4A provides for an extended meaning of hazardous waste . The extended meaning relates to the following matters:
(a) a case where a foreign country has classified a particular substance or object as hazardous waste;
(b) a case where a foreign country has classified waste collected from households as hazardous waste.
Note 2: Section 4F provides for an extended meaning of hazardous waste . The extended meaning relates to substances or objects subject to notification or control under Article 11 arrangements.
Note 3: Section 4G provides for exclusions from the definition of hazardous waste . The exclusions relate to substances or objects not subject to notification or control under Article 11 arrangements.
"holder" , in relation to a Basel permit or a special permit, means the person to whom the permit was granted.
"household waste" means waste collected from households, but does not include waste specified in the regulations.
"identity card" , in relation to an inspector, means an identity card issued to the inspector under section 35 or 76 of the Regulatory Powers Act to the extent that either of those sections applies in relation to a provision of this Act.
"import" means import into Australia.
"import permit" means:
(a) a Basel import permit; or
(b) a special import permit.
"import proposal" means a proposal to import hazardous waste and to deal with it in Australia.
"inspector" means a person appointed under section 42 as an inspector.
"OECD country" means a country that is a member of the Organisation for Economic Cooperation and Development under the Convention on the Organisation for Economic Cooperation and Development done at Paris on 14 December 1960.
Note: The Convention is in Australian Treaty Series 1971 No. 11 ([1971] ATS 11) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"officer of Customs" has the same meaning as in the Customs Act 1901 .
"official" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .
"original export proposal" , in relation to a variation application relating to a Basel export permit, means an export proposal in relation to which the permit was granted, as affected by any variation of the permit that has already been made.
"original import proposal" , in relation to a variation application relating to a Basel import permit, means an import proposal in relation to which the permit was granted, as affected by any variation of the permit that has already been made.
"original transit proposal" , in relation to a variation application relating to a Basel transit permit, means a transit proposal in relation to which the permit was granted, as affected by any variation of the permit that has already been made.
"permit application" means an application for a Basel permit.
"permit condition" means a condition specified in:
(a) a Basel permit under section 22; or
(b) a notice under section 26 varying a Basel permit; or
(c) a special permit; or
(d) a notice under a set of Article 11 regulations varying a special permit.
"platform" includes any structure at sea (whether or not fixed), but does not include a vessel.
"premises" includes any place (whether or not enclosed or built on).
"protected information" means information of any of the following kinds obtained by an entrusted person:
(a) information the disclosure of which by the entrusted person could reasonably be expected to found an action by a person (other than the Commonwealth) for breach of a duty of confidence;
(b) information the disclosure of which could reasonably be expected to prejudice the effective working of government;
(c) information the disclosure of which could reasonably be expected to prejudice the prevention, detection, investigation, prosecution or punishment of one or more offences;
(d) information the disclosure of which could reasonably be expected to endanger a person's life or physical safety;
(e) information the disclosure of which could reasonably be expected to prejudice the protection of public safety or the environment.
"recovery operation" means an operation mentioned in Appendix 5.B to the OECD Decision C(2001)107, being Revision of Decision C(92)39/FINAL on the control of transboundary movements of wastes destined for recovery operations, made on 14 June 2001 by the Council of the Organisation for Economic Cooperation and Development, as in force from time to time.
Note: The OECD Decision could in 2021 be viewed on the OECD website (https://legalinstruments.oecd.org/).
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"relevant authority" , in relation to a searchable place, means:
(a) in the case of premises in Australia--the occupier of the premises; and
(b) in any other case--the person in command or control, or who appears to be in command or control, of the place.
"relevant information" means information obtained by an entrusted person under, or in accordance with, this Act or the Regulatory Powers Act as it applies in relation to this Act.
"relevant person" , for an audit, has the meaning given by section 52.
"searchable place" means:
(a) premises in Australia; or
(b) an aircraft, vehicle or vessel within Australian jurisdiction; or
(c) an Australian aircraft; or
(d) an Australian platform; or
(e) an Australian vessel.
"Secretary" means the Secretary of the Department.
"set of Article 11 regulations" has the meaning given by section 13C.
"special export permit" means a permit under a set of Article 11 regulations permitting the export of hazardous waste.
"special import permit" means a permit under a set of Article 11 regulations permitting the import of hazardous waste.
"special permit" means:
(a) a special export permit; or
(b) a special import permit; or
(c) a special transit permit.
"special transit permit" means a permit under a set of Article 11 regulations permitting the carrying out of one or more transit proposals relating to hazardous waste.
"State or Territory government body" means:
(a) a Department of State of a State or Territory; or
(b) an agency of a State or Territory; or
(c) an authority of a State or Territory.
"this Act" includes the regulations.
"transit permit" means:
(a) a Basel transit permit; or
(b) a special transit permit.
"transit proposal" has the meaning given by section 4B.
"variation" , in relation to a Basel permit, includes a variation of the permit conditions imposed on the permit.
"variation application" means an application under section 27 for the variation of a Basel permit.
"varied export proposal" , in relation to a variation application relating to a Basel export permit, means the original export proposal, as proposed to be affected by the proposed variation.
"varied import proposal" , in relation to a variation application relating to a Basel import permit, means the original import proposal, as proposed to be affected by the proposed variation.
"varied transit proposal" , in relation to a variation application relating to a Basel transit permit, means the original transit proposal, as proposed to be affected by the proposed variation.
"vessel" means anything capable of carrying persons or goods through or on water, and includes an air - cushion vehicle or similar craft.
"waste" means a substance or object that:
(a) is proposed to be disposed of; or
(b) is disposed of; or
(c) is required by a law of the Commonwealth, a State or a Territory to be disposed of.
Note: Disposed of has a meaning corresponding to the meaning of disposal . See the definition of disposal .