{"id":"F2009B00039","name":"Declaration of Article 11 Arrangement: Decision C(2001)107/FINAL","slug":"declaration-of-article-11-arrangement-decision-c-2001-107-final","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121253,"registerId":"commonwealth-F2009B00039-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declaration of Article 11 Arrangement: Decision C(2001)107/FINAL","content":"![](image.001.png)\n\nCommonwealth of Australia\n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\nDeclaration of article 11 arrangement\n\nI, DAVID ALISTAIR KEMP, Minister for the Environment and Heritage, being satisfied that the decision of the Council of the Organisation for Economic Cooperation and Development concerning Decision C(2001)107/FINAL, which is a revision of decision C(92)39/FINAL on the control of transboundary movements of wastes destined for recovery operations (adopted by the Council at is 1007th Session on 14 June 2001), is an agreement or arrangement of a kind mentioned in Article 11 of the Basel Convention, declare, under subsection 4C(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, that Decision C(2001)107/FINAL is an Article 11 arrangement for the purposes of that Act.\n\nDated this 19th day of December 2003\n\nDAVID KEMP\n\nMinister for the Environment and Heritage","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward ministerial declaration made under existing legislative authority. It does not expand the scope of the Hazardous Waste Act itself; rather, it exercises a specific power granted by that Act to recognise international arrangements. The scope remains exactly as intended by the original 1989 Act."},"complexity_factors":["Very short document (single page declaration)","Only one substantive operative provision","No defined terms within the document itself (relies on external definitions in the parent Act and international treaties)","No conditional logic or exceptions","Single cross-reference to subsection 4C(1) of the Hazardous Waste Act","Minimal legislative machinery - essentially a ministerial certification/declaration"],"plain_english_summary":"This is a formal declaration by the Australian Minister for the Environment and Heritage (David Kemp) made in December 2003. It recognises an international OECD decision about controlling the movement of hazardous waste across borders for recycling or recovery purposes.\n\n**What it does:**\n- Declares that an OECD decision (called C(2001)107/FINAL) is officially recognised as an \"Article 11 arrangement\" under Australian law\n- This OECD decision sets rules for how hazardous waste can be moved between countries for recovery operations (recycling, reprocessing, or reclaiming materials)\n\n**Why it matters:**\n- The **Basel Convention** is an international treaty that controls the export and import of hazardous waste. Australia is a party to it.\n- **Article 11** of the Basel Convention allows countries to make special agreements with other countries or groups (like the OECD) that have environmentally sound waste management practices, provided these agreements are at least as strict as the Basel rules.\n- By declaring this OECD decision an \"Article 11 arrangement,\" Australia can legally trade hazardous waste with other OECD countries under these specific OECD rules, rather than under the default Basel Convention procedures.\n\n**Who it affects:**\n- Australian businesses that export or import hazardous waste for recycling/recovery\n- The Australian government, which can now apply OECD-specific procedures instead of full Basel procedures for waste movements between OECD member countries\n- Other OECD countries that trade hazardous waste with Australia"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration does not amend or expand the OECD decision itself. It records the Minister's satisfaction that Decision C(2001)107/FINAL is of the kind mentioned in Article 11 of the Basel Convention and declares it an Article 11 arrangement for the purposes of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 under subsection 4C(1). The text provides no indication that the declaration alters the scope of the OECD decision; it only changes that decision's legal recognition within the Act's framework."},"complexity_factors":["Short, single-purpose ministerial declaration with limited text.","Cross-reference to subsection 4C(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 — full effects require consulting that statutory provision and the Act.","Reference to an external instrument (OECD Decision C(2001)107/FINAL) whose substantive content and implementation details are not reproduced here.","Discretionary trigger ('being satisfied') introduces an administrative-law element (ministerial satisfaction) to the legal operation.","Technical subject matter (transboundary movements of wastes for recovery) that may involve detailed regulatory implementation outside this declaration."],"plain_english_summary":"The Minister has declared OECD Decision C(2001)107/FINAL an “Article 11 arrangement” under subsection 4C(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This changes that decision’s legal status within the Act’s framework, affecting persons and businesses regulated by the Act by bringing the decision into Australia’s export/import hazardous‑waste regime. The declaration itself does not set operational rules, costs or enforcement detail — those follow from the Act’s application of Article 11 arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/declaration-of-article-11-arrangement-decision-c-2001-107-final","history":"/api/acts/declaration-of-article-11-arrangement-decision-c-2001-107-final/history","analysis":"/api/acts/declaration-of-article-11-arrangement-decision-c-2001-107-final/analysis","conflicts":"/api/acts/declaration-of-article-11-arrangement-decision-c-2001-107-final/conflicts","importantCases":"/api/acts/declaration-of-article-11-arrangement-decision-c-2001-107-final/important-cases","documents":"/api/acts/declaration-of-article-11-arrangement-decision-c-2001-107-final/documents"}}