{"id":"F2009B00036","name":"Declaration of Article 11 Arrangement: transboundary movement of hazardous wastes","slug":"declaration-of-article-11-arrangement-transboundary-movement-of-hazardous-wastes","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121247,"registerId":"commonwealth-F2009B00036-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declaration of Article 11 Arrangement: transboundary movement of hazardous wastes","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n \n\n \n\nCommonwealth of Australia\n\n \n\nHazardous Waste (Regulation of Exports and Imports) Act 1989\n\n \n\nDeclaration of article 11 arrangement\n\n \n\nI, DAVID ALISTAIR KEMP, Minister for the Environment and Heritage, being satisfied that the arrangement between the Governments of Australia and the Democratic Republic of East Timor concerning the transboundary movement of hazardous wastes, constituted by an exchange of notes of 31 October 2002 and 4 November 2002, 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 the arrangement is an Article 11 arrangement for the purposes of that Act.\n\n \n\nDated 9th December 2002\n\n \n\n \n\nDAVID KEMP\n\nMinister for the Environment and Heritage\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The declaration formally extends the Hazardous Waste (Regulation of Exports and Imports) Act 1989 to cover the specified bilateral arrangement by declaring it an Article 11 arrangement for the purposes of the Act (subsection 4C(1)). Before this declaration, the arrangement was not recorded as an Article 11 arrangement under the Act in this instrument; the declaration therefore changes the Act’s scope to include the arrangement identified by the exchange of notes dated 31 October 2002 and 4 November 2002. The declaration itself does not set out the arrangement’s text or the specific operational consequences; those follow from the Act once the arrangement is captured."},"complexity_factors":["Short, single-purpose administrative declaration with limited internal detail.","Relies on cross‑references to two external texts: the bilateral exchange of notes (31 Oct 2002 and 4 Nov 2002) and Article 11 of the Basel Convention.","Depends on the operation of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (subsection 4C(1)), so full legal effect requires reading that Act and the arrangement itself.","Contains ministerial discretion (the Minister records being \"satisfied\"), creating interpretive scope about when the power is exercised.","Does not specify operational or compliance rules, requiring consultation of additional instruments for concrete obligations."],"plain_english_summary":"The Minister formally declares the bilateral exchange of notes between Australia and the Democratic Republic of East Timor (31 Oct–4 Nov 2002) to be an \"Article 11 arrangement\" for the purposes of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. \n\nThat designation brings the arrangement within the Act’s legal framework, affecting the two governments and any persons or businesses covered by the arrangement (with compliance and administrative burdens falling on those parties), and is an exercise of ministerial discretion under subsection 4C(1)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward ministerial declaration giving legal effect to a specific bilateral agreement. It performs exactly the function intended by the parent Act's framework for Article 11 arrangements. There is no scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Single operative provision: one declaration under one subsection","No defined terms within the instrument itself (relies on external definitions in the parent Act and Basel Convention)","No conditional logic or exceptions","Extremely short: approximately 150 words of substantive content","Cross-references are minimal and explicit (subsection 4C(1) of the Hazardous Waste Act, Article 11 of the Basel Convention)"],"plain_english_summary":"This is a formal declaration by the Australian Minister for the Environment and Heritage (David Kemp) made in December 2002. It recognises a bilateral agreement between Australia and East Timor (now Timor-Leste) about moving hazardous waste across their borders.\n\n**What it does:**\n- **Approves a waste deal**: The two countries exchanged official notes in late 2002 agreeing how hazardous waste can be moved between them.\n- **Gives it legal status**: The Minister formally declares this deal an \"Article 11 arrangement\" under Australia's Hazardous Waste Act.\n\n**Why this matters:**\n- The **Basel Convention** is an international treaty that controls the movement of dangerous waste between countries. Normally, it requires strict rules and prior approval for any hazardous waste exports.\n- **Article 11** allows countries to make their own bilateral or regional agreements about waste movement, provided these are at least as environmentally protective as the Basel rules.\n- By declaring this an Article 11 arrangement, Australia gives legal effect to the East Timor deal, allowing hazardous waste to move between the two countries under the terms they negotiated, rather than through the standard Basel procedures.\n\n**Who it affects:**\n- Companies or government bodies involved in exporting or importing hazardous waste between Australia and East Timor\n- Environmental regulators overseeing these waste movements\n- The governments of both countries, who must now follow the specific terms of their 2002 exchange of notes"}},"importantCases":[],"_links":{"self":"/api/acts/declaration-of-article-11-arrangement-transboundary-movement-of-hazardous-wastes","history":"/api/acts/declaration-of-article-11-arrangement-transboundary-movement-of-hazardous-wastes/history","analysis":"/api/acts/declaration-of-article-11-arrangement-transboundary-movement-of-hazardous-wastes/analysis","conflicts":"/api/acts/declaration-of-article-11-arrangement-transboundary-movement-of-hazardous-wastes/conflicts","importantCases":"/api/acts/declaration-of-article-11-arrangement-transboundary-movement-of-hazardous-wastes/important-cases","documents":"/api/acts/declaration-of-article-11-arrangement-transboundary-movement-of-hazardous-wastes/documents"}}