Commonwealth Consolidated Acts

HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 - SECT 4A

When this section has effect

  (1)   This section has effect for the purposes of the application of this Act:

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

  (b)   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

  (2)   If:

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

  (b)   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

  (c)   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

  (3)   If:

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

  (b)   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

  (4)   A declaration under this section has effect accordingly.

Revocation of subsection   (2) declaration

  (5)   If:

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

  (b)   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

  (6)   If:

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

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

the Minister must revoke the declaration.

Gazettal of declaration

  (7)   If a declaration under this section is made or revoked, the Minister must arrange for a copy of the declaration or revocation to be published in the Gazette .