Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsExport - prohibited chemicals specified in Schedule 1--Stockholm Convention
(1) An authorised officer may grant an application for permission to export an export - prohibited chemical whose export is stated in an item in Schedule 1 to be prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) if the officer is satisfied that the export is:
(a) for the purpose of environmentally sound disposal in accordance with paragraph (1)(d) of Article 6 of the Stockholm Convention; or
(b) to a party that is permitted to use the chemical under Annex A or B of the Stockholm Convention; or
(c) to a State not Party to the Stockholm Convention (within the meaning of paragraph 2 of Article 3 of that Convention) that has provided an annual certification to Australia in accordance with that paragraph.
Note 1: The export of an active constituent or chemical product for the purpose of environmentally sound disposal must also comply with the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and any regulations made under that Act.
Note 2: Under paragraph 2(b)(iii) of Article 3 of the Stockholm Convention, the annual certification of a non - party must:
(a) specify the intended use of the chemical; and
(b) include a statement that, with respect to that chemical, the importing State is committed to:
(i) protect human health and the environment by taking the necessary measures to minimize or prevent releases;
(ii) comply with the provisions of paragraph 1 of Article 6; and
(iii) comply, where appropriate, with the provisions of paragraph 2 of Part II of Annex B; and
(c) include any appropriate supporting documentation, such as legislation, regulatory instruments, or administrative or policy guidelines.
Note 3: Paragraph 2(d) of Article 3 of the Stockholm Convention states:
'For the purposes of this paragraph, the term "State not Party to this Convention" shall include with respect to a particular chemical, a State or regional economic integration organization that has not agreed to be bound by the Convention with respect to that chemical.'.
Export - prohibited chemicals specified in Schedule 1--Rotterdam Convention
(2) An authorised officer may grant an application for permission to export an export - prohibited chemical if:
(a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and
(b) the export is to a party to that Convention; and
(c) the officer is satisfied that the export complies with the requirements of that Convention.
Export of export - prohibited chemical that is mercury to a Party to the Minamata Convention
(2A) An authorised officer may grant an application for permission to export an export - prohibited chemical that is mercury to a Party (the importing Party ) to the Minamata Convention if the authorised officer is satisfied that:
(a) the importing Party has provided its written consent to the export; and
(b) the mercury is to be exported:
(i) for a use allowed to the importing Party under the Minamata Convention; or
(ii) for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.
Export of export - prohibited chemical that is mercury to a non - party to the Minamata Convention
(2B) An authorised officer may grant an application for permission to export an export - prohibited chemical that is mercury to a non - party (the importing party ) to the Minamata Convention if the authorised officer is satisfied that the importing party has provided:
(a) its written consent to the export; and
(b) its written certification demonstrating that:
(i) it has measures in place to ensure the protection of human health and the environment; and
(ii) it has measures in place to ensure compliance with Articles 10 and 11 of the Minamata Convention; and
(iii) the mercury will be used only for a use allowed under the Minamata Convention to a Party to the Minamata Convention or for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.
Export of export - prohibited chemical that is research mercury
(2C) An authorised officer may grant an application for permission to export an export - prohibited chemical that is research mercury if:
(a) the export is to a Party to the Rotterdam Convention; and
(b) the authorised officer is satisfied that the export complies with the requirements of that Convention.
Export of other export - prohibited chemicals
(3) An authorised officer may grant an application for permission to export an export - prohibited chemical if:
(a) none of subregulations (1) to (2C) apply; and
(b) the chemical is being exported for a use or purpose in the importing country that is permitted under the relevant Convention.
Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20.
Refusal to grant application
(4) To avoid doubt, an authorised officer may refuse to grant an application despite the fact that the APVMA has given a certificate setting out its findings (if any) in relation to the export of the chemical product under section 69D of the Act.