{"id":"F2003B00067","name":"Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor-Leste) Regulations 2003","slug":"hazardous-waste-regulation-of-exports-and-imports-imports-from-the-democratic-republic-of-timor-lest","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"56 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31184,"registerId":"commonwealth-F2003B00067-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Authority","content":"#### 2 Authority\n\n  These Regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definition","content":"#### 4 Definition\n\n  In these Regulations:\n\n> Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Purpose of these Regulations (Act s 13C)","content":"#### 5 Purpose of these Regulations (Act s 13C)\n\n  For section 13C of the Act, these Regulations are a set of Article 11 regulations that provide for and in relation to giving effect to an Article 11 arrangement, being the bilateral arrangement between Australia and the Democratic Republic of East Timor (Timor‑Leste), the text of which is set out in Schedule 1.\n\n> Note 1: Section 4C of the Act provides that the Minister may declare that an arrangement entered into by Australia is an Article 11 arrangement under the Basel Convention. On 9 December 2002 the Minister made such a declaration.\n\n> Note 2: The Basel Convention is in Australian Treaty Series 1992 No. 7 (\\[1992\\] ATS 7) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Contents of these Regulations (Act s 13D)","content":"#### 6 Contents of these Regulations (Act s 13D)\n\n  (1) Proposals to import hazardous waste from the Democratic Republic of Timor‑Leste are within the scope of these Regulations.\n  (2) The Minister may grant special import permits authorising the import of hazardous waste from the Democratic Republic of Timor‑Leste.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Import permit","content":"#### 7 Import permit\n\n  Sections 12 and 13B, and Divisions 3 and 4 of Part 2, of the Act are taken to apply in relation to a special import permit granted under subregulation 6 (2), or an application for such a permit, as if:\n    (a) a reference in those provisions (except section 13B) to a Basel permit or a Basel import permit were a reference to a special import permit to import hazardous waste from the Democratic Republic of Timor‑Leste; and\n    (b) the following provisions were omitted:\n    (i) subsections 17 (8) and 18B (1);\n    (ii) provisions that apply in relation to an export permit or a transit permit, or an application for an export permit or a transit permit, and do not apply in relation to an import permit.","sortOrder":5},{"sectionNumber":"Text of Australian Government note 36/20","sectionType":"schedule","heading":"Text of Australian Government note 36/2002 of 31 October 2002","content":"## Text of Australian Government note 36/2002 of 31 October 2002\n\nThe Australian Embassy to the Democratic Republic of East Timor presents its compliments to the Ministry for Foreign Affairs and Cooperation of the Democratic Republic of East Timor and has the honour to refer to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, done at Basel on 22 March 1989 (‘the Basel Convention’).\n\nThe Australian Embassy has the further honour to advise the Ministry for Foreign Affairs and Cooperation that, by virtue of Article 4, paragraph 5 and Article 11 of the Basel Convention, Australia, as a party to the Basel Convention, may only import hazardous wastes or other wastes from a non‑party pursuant to an arrangement with that non‑Party that does not derogate from the environmentally sound management of hazardous wastes and other wastes as required by the Basel Convention.\n\nThe Australian Embassy has the honour to propose that, until such time as the Democratic Republic of East Timor may become a Party to the Basel Convention, the importation to Australia of hazardous wastes from the Democratic Republic of East Timor be pursuant to the following arrangements:\n\n1. Transboundary movements of hazardous waste between Australia and the Democratic Republic of East Timor (hereinafter referred to as ‘the parties’) will be regulated by any relevant national legislation in force in the two states.\n\n2. The competent authority in Australia is Environment Australia. The relevant national legislation in Australia is the Hazardous Waste (Regulation of Exports and Imports) Act 1989.\n\n3. Environment Australia is responsible for receiving the notification of a transboundary movement of hazardous wastes, and any information related to it, and for responding to such a notification, as provided in national legislation. Environment Australia will immediately notify East Timor of any amendment to its legislation.\n\n4. An export of hazardous waste from the Democratic Republic of East Timor to Australia may not take place until the shipment concerned is granted an import permit issued by the Australian Government.\n\n5. All arrangements in relation to the import of hazardous waste into Australia must not derogate from the environmentally sound management of hazardous wastes, as required by the Basel Convention.\n\nThe Australian Embassy has the further honour to propose that, if the foregoing is acceptable to the government of the Democratic Republic of East Timor, then this note, and the Ministry of Foreign Affairs and Cooperation’s note in reply to that effect, will together constitute an arrangement between the Government of Australia and the Government of the Democratic Republic of East Timor concerning the transboundary movement of hazardous wastes that will come into effect on the date of the Ministry of Foreign Affairs’ note in reply.\n\nThe Australian Embassy avails itself of this opportunity to renew to the Ministry of Foreign Affairs the assurances of its highest consideration.","sortOrder":6},{"sectionNumber":"Text of Democratic Republic of East Timo","sectionType":"schedule","heading":"Text of Democratic Republic of East Timor Government note MNEC/363/2002 of 4 November 2002","content":"## Text of Democratic Republic of East Timor Government note MNEC/363/2002 of 4 November 2002\n\nThe Ministry of Foreign Affairs and Cooperation presents its compliments to the Australian Embassy and has the honor to refer to the Embassy’s Note No. 36 of 2002, which reads as follows:\n\n‘The Australian Embassy to the Democratic Republic of Timor‑Leste presents its compliments to the Ministry of Foreign Affairs and Cooperation of the Democratic Republic of Timor‑Leste and has the honor to refer to the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal, done at Basel on 22 March 1989 (‘the Basel Convention’).\n\nThe Australian Embassy has the further honor to advise the Ministry of Foreign Affairs and Cooperation that, by virtue Article 4, paragraph 5 and Article 11 on the Basel Convention, Australia, as a party to the Basel Convention, may only import hazardous wastes or other wastes from non‑party pursuant to an arrangement that non‑Party that does not derogate from the environmentally sound management of hazardous wastes and other wastes as required by the Basel Convention.\n\nThe Australian Embassy has the honor to propose that, until such times as the Democratic Republic of Timor‑Leste may become a Party to the Basel Convention, the importation to Australia of hazardous wastes from Democratic Republic of Timor‑Leste is pursuant to the following arrangements:\n\n1. Transboundary movements of hazardous waste between Australia and the Democratic Republic of Timor‑Leste (hereinafter referred to as ‘the Parties’) will be regulated by any relevant national legislation in force in the two states\n\n2. The competent authority in Australia is Environment Australia. The relevant national legislation in Australia is the Hazardous Waste (Regulation of Export and Imports) Act 1989.\n\n3. Australia’s competent authority is responsible for receiving the notification of a transboundary movement of hazardous wastes, and any information related to it, and for responding to such a notification, as provided in national legislation. Australia’s competent authority will immediately notify Timor‑Leste of any amendment to its legislation.\n\n4. An export of hazardous waste from the Democratic Republic of Timor‑Leste to Australia may not take place until the shipment concerned is granted an import permit issued by the Australian Government.\n\n5. All arrangements in relation to the \\[import\\] of hazardous waste into Australia must not derogate from the environmentally sound management of hazardous waste, as required by the Basel Convention.\n\nThe Australian Embassy has the further honor to propose that, if the foregoing is acceptable to the Government of the Democratic Republic of Timor‑Leste, then this note, and the Ministry of Foreign Affairs and Cooperation’s note in reply to that effect, will together constitute an arrangement between the Government of Australia and the Government of Democratic Republic of Timor‑Leste concerning the Transboundary movement of hazardous wastes that will come into effect on the date of the Ministry of Foreign Affairs’ note in reply.\n\nThe Australian Embassy avails itself of this opportunity to renew to the Ministry of Foreign Affairs the assurances of its highest consideration.’\n\nThe Ministry of Foreign Affairs and Cooperation has the honour to advise that the foregoing content of the mentioned note is acceptable to the Government of the Democratic Republic of Timor‑Leste, with the request of permission to be present one of our representative during the starting of the movement of Hazardous wastes, from Timor‑Leste. The Embassy’s note and this reply note will together constitute an arrangement between the Government of the Democratic Republic of Timor‑Leste and the Government of Australia concerning the Transboundary, movement of hazardous wastes that will come into effect on the date of this note.\n\nThe Ministry of Foreign Affairs and Cooperation of the Democratic Republic of Timor‑Leste avails itself of this opportunity to renew to the Australian Embassy the assurances of its highest consideration.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These Regulations expand the Act’s operational scope by expressly bringing proposed imports from Timor‑Leste within the Regulations and by authorising the Minister to issue ‘special import permits’ for such imports (Reg 5; Reg 6(1)–(2)). They apply many Act provisions to those permits while omitting specified provisions (Reg 7), thereby altering which procedural rules and protections apply to these imports compared with the Act’s general regime."},"complexity_factors":["Cross‑references to the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Reg 2, Reg 7) create interpretive dependence on external statute.","Treatment of special import permits as Basel import permits for many, but not all, Act provisions (Reg 7) requires careful reading to identify which provisions apply or are omitted.","Incorporation of a bilateral diplomatic note (Schedule 1 / Text of Government notes) as the Article 11 arrangement means legal effect depends on treaty‑note wording.","Concentrated administrative discretion: Minister may grant special import permits (Reg 6(2)), raising priority on executive decision criteria.","Compliance burden falls on applicants/importers who must notify and secure permits before shipment (Text of Government note 36/2002 ¶4), creating administrative and timing costs.","Residual uncertainty from omitted provisions (Reg 7(b)) may produce gaps requiring administrative interpretation or litigation."],"plain_english_summary":"These Regulations implement an Article 11 bilateral arrangement with the Democratic Republic of Timor‑Leste to allow imports of hazardous waste into Australia only under special import permits issued by the Minister (Reg 5; Reg 6(1)–(2)).\n\nThey treat those special permits as Basel import permits for many provisions of the Act but omit specified Act provisions, concentrating decision‑making with the Minister and placing permit application and compliance costs on prospective importers (Reg 7; Text of Australian Government note 36/2002)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It was always intended to implement a specific bilateral arrangement with Timor-Leste under Article 11 of the Basel Convention, and it does exactly that — no more, no less. The regulations have not expanded to cover other countries or purposes."},"complexity_factors":["Very short instrument (7 regulations plus 2 schedules)","Only 1 defined term ('Act')","Heavy reliance on external context — requires understanding of the Basel Convention, Article 11 arrangements, and the parent Act's permit structure","Single conditional modification in regulation 7 — applies existing Act provisions 'as if' with specific substitutions and omissions","Incorporates full text of diplomatic notes as schedules, which adds length but not legal complexity"],"plain_english_summary":"These regulations create a special legal pathway for Australia to import hazardous waste from Timor-Leste (East Timor), even though Timor-Leste was not a party to the international Basel Convention on hazardous waste at the time.\n\n**What this does:**\n- **Creates 'special import permits'** — a specific type of permit that allows hazardous waste to come from Timor-Leste into Australia\n- **Applies Australia's usual hazardous waste rules** — but tweaks them so they work for this specific bilateral arrangement\n- **Omits certain requirements** — removes rules that only apply to exports or transit permits, and removes specific subsections about Basel permits that don't fit this special case\n\n**Who it affects:**\n- **The Australian Environment Minister** — can grant these special permits\n- **Anyone wanting to import hazardous waste from Timor-Leste** — must get one of these special permits first\n- **Timor-Leste** — as the source country, their government gets notified and can have a representative present when waste movements start\n\n**Why it matters:**\nThe Basel Convention normally bans parties (like Australia) from importing hazardous waste from non-parties (like Timor-Leste was in 2002). **Article 11** of the Convention allows countries to make bilateral deals that are just as environmentally protective as the Convention itself. These regulations give legal effect to that bilateral deal — essentially a diplomatic exchange of notes — so Australia can help Timor-Leste manage its hazardous waste safely without breaking international law.\n\n**Key point:** This is a narrow, technical instrument. It doesn't change Australia's general hazardous waste rules — it just creates a legal 'side door' for one specific country under one specific international treaty provision."}},"importantCases":[],"_links":{"self":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-imports-from-the-democratic-republic-of-timor-lest","history":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-imports-from-the-democratic-republic-of-timor-lest/history","analysis":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-imports-from-the-democratic-republic-of-timor-lest/analysis","conflicts":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-imports-from-the-democratic-republic-of-timor-lest/conflicts","importantCases":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-imports-from-the-democratic-republic-of-timor-lest/important-cases","documents":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-imports-from-the-democratic-republic-of-timor-lest/documents"}}