Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulation 2016

 

Overview of the Legislative Instrument

The Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulation 2016 (the Regulation) amends the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 to implement the first phase of cost recovery reforms. This first phase will achieve approximately 33 per cent cost recovery of recoverable costs, by increasing the amount of fees for all permits, subject to the cap provided for under section 32 of the Act. The Regulation also simplifies the fee structure.

Human rights implications

 

The Regulation has been assessed against the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Regulation is compatible with Australia's human rights obligations.

 

 

 

 

 

 

 

The Hon Greg Hunt MP

Minister for the Environment

 

 

 

ATTACHMENT

 

Details of the Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulation 2016

 

Section 1 - Name of Regulation

 

This section provides that the title of the Regulation is the Hazardous Waste (Regulation of Exports and Imports) (Fees) Amendment Regulation 2016 (the Regulation).

 

Section 2 - Commencement

 

This section provides that the Regulation commences on 1 July 2016.

 

Section 3 - Authority

 

This section provides that the Regulation is made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act).

 

Section 4 - Schedule(s)

 

This section provides that each instrument specified in a Schedule to the Regulation is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Regulation has effect according to its terms.

 

Schedule 1 - Amendments

 

Item 1 - After Regulation 1

 

This item inserts a new regulation 1A into the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1999 (the Principal Regulations) to insert an authority provision in the Principal Regulations, consistent with current drafting practice. This provision provides that the regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

 

Items 2 and 3 - Regulation 2

 

Item 2 inserts a new note to regulation 2 of the Principal Regulations. The new note updates the interpretation provision of the Principal Regulations in accordance with the new fee structure proposed by the Regulation (see Item 6). The note provides that a number of expressions used in the Principal Regulations are defined in the Act, including Basel Convention, export permit, import permit and transit permit. Item 3 repeals the existing note to regulation 2.

 

Item 4 - Regulation 3

 

This item repeals regulation 3 and substitutes it with a new regulation 3 and a new regulation 4.

 

The new regulation 3 provides that, for section 32 of the Act, the prescribed fees for applications would be specified in Schedule 1 of the Principal Regulations. The amendment involves no substantive change, and makes the regulation consistent with current drafting practice.

 

The new regulation 4 is an application provision and clarifies that the amendments made by the Regulation only apply in relation to an application for a permit, or for a variation of a permit, made on or after 1 July 2016. To avoid doubt, an application will be 'made' when it is 'submitted' by the applicant to the Minister.

 

Item 5 - Schedule

 

This item repeals the Schedule to the Principal Regulations and substitutes it with a new Schedule. The new Schedule prescribes the new fees for an application for a permit as follows:

 

*         Item 1 of the table provides that the application fee for the grant of a transit permit is
$2 484.

 

*         Item 2 of the table provides that the application fee for the grant of an import permit is
$3 726.

 

*         Item 3 of the table provides that the application fee for the grant of an export permit (for operations which may lead to resource recovery, recycling, reclamation, direct re-use or alternative uses (within the meaning of the Basel Convention)) is $7 451.

 

*         Item 4 of the table provides that the application fee for the grant of an export permit (for operations other than those which may lead to resource recovery, recycling, reclamation, direct re-use or alternative uses (within the meaning of the Basel Convention)) is $8 000.

 

*         Item 5 of the table provides that the fee for application for variation of a transit permit is $497.

 

*         Item 6 of the table provides that the fee for the application for variation of an import permit is $745.

 

*         Item 7 of the table provides that the fee for the application for variation of an export permit (for operations which may lead to resource recovery, recycling, reclamation, direct re-use or alternative uses (within the meaning of the Basel Convention)) is $2 980.

 

*         Item 8 of the table provides that the fee for the application for variation of an export permit (for operations other than those which may lead to resource recovery, recycling, reclamation, direct re-use or alternative uses (within the meaning of the Basel Convention)) is $8 000.