{"id":"F1999B00006","name":"Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999","slug":"hazardous-waste-regulation-of-exports-and-imports-waigani-convention-regulations-1999","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"7 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30396,"registerId":"commonwealth-F1999B00006-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"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) (Waigani Convention) Regulations 1999.","sortOrder":1},{"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":2},{"sectionNumber":"3","sectionType":"section","heading":"Purpose of these regulations","content":"#### 3 Purpose of these regulations\n\n  These regulations are intended to provide for giving effect to the Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (known as the Waigani Convention), made at Port Moresby on 16 September 1995, except so far as that Convention relates to radioactive wastes.\n\n> Note 1: The Waigani Convention is an Article 11 arrangement under the Basel Convention—see s 4C of the Act (subject to the making of a Declaration by the Minister under that section). 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).\n\n> Note 2: The Waigani Convention is in Australian Treaty Series 2001 No. 17 (\\[2001\\] ATS 17) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Note 3: The Act does not apply to radioactive wastes—the definition of hazardous waste in the Act relies on the Basel Convention, which does not cover radioactive wastes. The export from, and import into, Australia of radioactive wastes is regulated under the Customs Act 1901, the Customs (Prohibited Exports) Regulations and the Customs (Prohibited Imports) Regulations.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In these regulations:\n\n> Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.\n\n> Convention means the Convention referred to in regulation 3.\n\n> Convention Area has the meaning given by Article 1 of the Convention.\n\n> Note: The Convention Area is:\n\n    “(i) the land territory, internal waters, territorial sea, continental shelf, archipelagic waters and exclusive economic zones established in accordance with international law of:\n\n| American SamoaAustraliaCook IslandsFederated States of MicronesiaFijiFrench PolynesiaGuamKiribatiRepublic of Marshall IslandsNauruNew Caledonia and DependenciesNew Zealand | NiueThe Commonwealth of Northern Mariana IslandsRepublic of PalauPapua New GuineaPitcairn IslandsSolomon IslandsTokelauTongaTuvaluVanuatuWallis and FutunaWestern Samoa; |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\n    (ii) those areas of high seas which are enclosed from all sides by the exclusive economic zones referred to in sub‑paragraph (i);\n    (iii) areas of the Pacific Ocean which have been included in the Convention Area pursuant to Article 2.6;”.\n\n> Note: (The quotation is from the definition of Convention Area in Article 1 of the Convention. Samoa is called Western Samoa in the text of the Convention as adopted in September 1995. It is therefore called by that name in the list above.)\n\n> Forum Island Country has the meaning given by Article 1 of the Convention.\n\n> Note: The following countries are the Forum Island Countries:\n\n| American SamoaCommonwealth of Northern Mariana IslandCook IslandsFederated States of MicronesiaFijiFrench PolynesiaGuamKiribatiNauruNew Caledonia and its dependencies | NiuePapua New GuineaPitcairn IslandRepublic of PalauRepublic of the Marshall IslandsSamoaSolomon IslandsTokelauTongaTuvaluVanuatuWallis and Futuna. |\n| ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Party means a Party to the Convention.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Proposals that are within the scope of these regulations","content":"#### 5 Proposals that are within the scope of these regulations\n\n  The following kinds of import proposals and transit proposals are within the scope of these regulations:\n    (a) proposals to import hazardous waste from a Forum Island Country;\n    (b) proposals for the transit of hazardous waste through Australia from a Forum Island Country.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"No export to Forum Island Country etc","content":"#### 6 No export to Forum Island Country etc\n\n  Nothing in these regulations or Division 3 or 4 of Part 2, of the Act (as taken to apply in relation to an application by regulation 10 or 11), authorises the Minister to grant:\n    (a) an export permit for the export of hazardous waste to:\n    (i) a Forum Island Country; or\n    (ii) a territory (other than an Other Party, within the meaning given by Article 1 of the Convention) within the Convention Area; or\n    (b) an import permit for the import of hazardous waste from a country within the Convention Area that is not a Party to the Convention; or\n    (c) a transit permit for the transit of hazardous waste from, or to, a country within the Convention Area that is not a Party to the Convention.\n\n> Note 1: Other Party means Australia and New Zealand, which are Parties to the Convention, but are not Forum Island Countries.\n\n> Note 2: See Article 4 of the Convention.\n\n> Note 3: In addition, the Act directs the Minister not to grant a special export permit, a special import permit, or a special transit permit if the Minister is satisfied that the grant could result in hazardous waste being brought into Antarctica—see the Act, s 13F.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Discharge of wastes from a ship etc","content":"#### 7 Discharge of wastes from a ship etc\n\n  Nothing in these regulations applies to wastes derived from the normal operation of a vessel (within the meaning given by Article 1 of the Convention), if the discharge of the wastes is covered by an international instrument other than the Convention.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Notification and consent","content":"## Part 2—Notification and consent","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Notice about competent authorities and acceptable languages","content":"#### 8 Notice about competent authorities and acceptable languages\n\n  (1) The Minister may publish a notice on the Department’s website, setting out, for a Party:\n    (a) the authority of the Party that is the Competent Authority for the Convention, and the address of that authority; and\n    (b) the language that is acceptable to the Party.\n\n> Note: For Competent Authority, see Articles 1 and 5 of the Convention.\n\n  (2) For that notice, the Minister may rely on any information supplied by a Party from time to time, and is not obliged to verify that the information is correct.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Permits under the Convention","content":"## Part 3—Permits under the Convention","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of terms for Part","content":"#### 9 Meaning of terms for Part\n\n  In this Part:\n\n> Waigani import permit means a special import permit for an import of hazardous waste referred to in paragraph 5(a).\n\n> Waigani transit permit means a special transit permit for a transit of hazardous waste referred to in paragraph 5(b).","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Waigani import permit","content":"#### 10 Waigani import permit\n\n  (1) Sections 12 and 13B, and Divisions 3 and 4 of Part 2, of the Act are taken to apply in relation to a Waigani import permit, or an application for such a permit, as if:\n    (a) a reference to the Basel Convention were a reference to the Waigani Convention; and\n    (b) a reference to a Basel permit or a Basel import permit were a reference to a Waigani import permit; and\n    (c) provisions that apply only in relation to an export permit, or an application for such a permit, were omitted.\n  (2) Also, the Minister must not grant a Waigani import permit unless:\n    (a) the applicant has notified the countries concerned (within the meaning given by Article 1 of the Convention) of the relevant proposal, in accordance with Article 6 of the Convention; and\n    (b) each such country has consented to the proposal, in accordance with that Article; and\n    (c) the Minister is satisfied that the waste will not be dumped at sea within the Convention Area.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Waigani transit permit","content":"#### 11 Waigani transit permit\n\n  (1) Sections 13A and 13B, and Divisions 3 and 4 of Part 2, of the Act are taken to apply in relation to an application for a Waigani transit permit as if:\n    (a) a reference to the Basel Convention were a reference to the Waigani Convention; and\n    (b) a reference to a Basel permit or a Basel import permit were a reference to a Waigani import permit; and\n    (c) provisions that apply only in relation to an export permit, or an application for such a permit, were omitted.\n  (2) Also, the Minister must not grant a Waigani transit permit unless:\n    (a) the applicant has notified the countries concerned (within the meaning given by Article 1 of the Convention) of the relevant proposal, in accordance with Article 6 of the Convention; and\n    (b) each such country has consented to the proposal, in accordance with that Article; and\n    (c) the Minister is satisfied that the waste will not be dumped at sea within the Convention Area.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Declaration as to corresponding requirements","content":"#### 12 Declaration as to corresponding requirements\n\n  (1) The requirements of this Part are declared to be corresponding requirements for section 13E of the Act in relation to a proposal to which this Part and another set of Article 11 regulations both apply.\n  (2) The requirements of this Part are declared to be corresponding requirements for subsection 18B(1) of the Act in relation to a proposal to which this Part and that subsection both apply.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Conditions of permit—movement document","content":"#### 13 Conditions of permit—movement document\n\n  (1) It is a condition of a Waigani import permit or a Waigani transit permit that the waste concerned must be accompanied by a movement document giving the information set out in Annex VI B of the Convention.\n  (2) It is a condition of a Waigani import permit or a Waigani transit permit that a person in Australia who takes charge of the waste concerned signs the movement document when the person receives the waste.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Conditions of import permit—notice of disposal","content":"#### 14 Conditions of import permit—notice of disposal\n\n  It is a condition of a Waigani import permit that the importer of the waste concerned must notify both the exporter and the competent authority of the exporting party when:\n    (a) the importer receives the waste; and\n    (b) the disposal of the waste is completed.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Condition of permit—notification of accidents","content":"#### 15 Condition of permit—notification of accidents\n\n  It is a condition of a Waigani import permit or a Waigani transit permit that if an accident occurs during a transboundary movement of hazardous waste under the permit, and the accident is likely to present a risk to human health or the environment, the holder of the permit immediately informs:\n    (a) the Department; and\n    (b) the Competent Authority of any affected Party (other than Australia); and\n    (c) the appropriate authority of any other affected country.\n\n> Note: Department means the Department administered by the Minister who administers these Regulations (see section 19A of the Acts Interpretation Act 1901 as it applies because of section 13 of the Legislation Act 2003). In 2017, this was the Department of the Environment and Energy.","sortOrder":17}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations implement and give domestic effect to the Waigani Convention (excluding radioactive waste), limiting their scope to what the Convention covers. They do not expand the subject matter beyond the Convention’s aims: they restrict certain exports/imports/transits (Reg 6), set permit pathways and permit conditions (Regs 10–15), and exclude matters covered by other instruments (radioactive waste, ship operational wastes). The instrument therefore remains within the original implementation purpose rather than having grown significantly beyond it."},"complexity_factors":["Short statutory instrument (limited number of provisions: 15 regs).","5 core defined terms in the interpretation section (Reg 4) plus 2 additional defined terms in Part 3 (Reg 9).","Frequent cross‑references to the parent Act: specific sections and Divisions of Part 2 are applied by substitution (Regs 10(1), 11(1), and Reg 12).","References to external instruments and materials: the Waigani Convention (including Annex VI B) and the Basel Convention, which require checking external texts.","Conditional permit logic: permits are subject to prior notification and consent of ‘countries concerned’ and Ministerial satisfaction about dumping at sea (Regs 10(2), 11(2)).","Administrative delegation risk: Minister may publish Competent Authority details relying on Party‑supplied information without verification (Reg 8(2)).","Interplay with other Article 11 regulations and corresponding requirement declarations (Reg 12) creates potential overlap and coordination complexity."],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- Put in place Australia’s domestic rules that give effect to the Waigani Convention (a regional treaty about hazardous wastes in the South Pacific), except for radioactive waste (Reg 3).  They operate by adapting parts of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 to apply to Waigani‑related imports and transits (Regs 10–11). \n\n- Say which cross‑border proposals are covered: imports of hazardous waste from a Forum Island Country, and transit of hazardous waste through Australia from a Forum Island Country (Reg 5).\n\n- Forbid certain movements entirely: the Minister may not grant permits to export hazardous waste to Forum Island Countries or specified territories in the Convention Area, nor grant import or transit permits involving countries in the Convention Area that are not Parties to the Convention (Reg 6).  The regulations exclude radioactive wastes from their scope (Reg 3 note) and do not apply to routine ship operational wastes covered by other international instruments (Reg 7).\n\n- Require permits for Waigani‑covered imports and transits. These are implemented by treating specified provisions of the 1989 Act as if they applied to the Waigani Convention (Reg 10(1), Reg 11(1)).  The Minister must not grant those permits unless the applicant has notified and obtained consent from the countries concerned as required by the Convention and the Minister is satisfied the waste will not be dumped at sea in the Convention Area (Regs 10(2)(a)–(c), 11(2)(a)–(c)).\n\n- Impose permit conditions: movement documents carrying the information in Annex VI B of the Convention must accompany the waste and be signed by the person in Australia taking charge of it (Reg 13).  Importers must notify the exporter and the exporting Party’s competent authority on receipt and on completion of disposal (Reg 14).  Permit holders must immediately report accidents likely to present a risk to health or the environment to the Department and affected authorities (Reg 15).\n\n- Allow the Minister to publish on the Department website which authority in each Party is the Competent Authority and the Party’s acceptable language; the Minister may rely on information supplied by the Party without independent verification (Reg 8).\n\n**Who this affects**\n\n- Exporters, importers and transporters of hazardous waste involving Forum Island Countries and the Convention Area (Regs 5, 6).  Businesses that would export to those countries are restricted (Reg 6).  Importers and carriers must meet paperwork, notification and accident‑reporting obligations (Regs 13–15).\n\n- The Minister and the Department responsible for administering these regulations — the Minister decides whether to grant Waigani import or transit permits, subject to the consent and non‑dumping requirements (Regs 10–11).  The Minister also controls publication of Competent Authority details (Reg 8).\n\n**Why it matters (stated purpose and operational effects)**\n\n- Stated purpose: to give effect in Australian law to the Waigani Convention (Reg 3).  Mechanically, that means prohibiting certain exports/imports/transits (Reg 6), creating a permit route for allowed movements (Regs 10–11), and attaching documentation, notification and reporting conditions to those permits (Regs 13–15).\n\n- Costs and incentives: the regulations impose administrative compliance costs and time delays on commercial operators who would import or move hazardous waste from Forum Island Countries (Regs 10–15).  They restrict the set of lawful commercial destinations and sources (Reg 6), which changes contractual freedom for affected exporters/importers and may shift trade to other jurisdictions or disposal routes.\n\n- Decision‑making and discretion: the Minister’s power to grant permits is constrained by the need for prior notification and consent of the countries concerned and by a requirement that the Minister be satisfied there will be no dumping at sea in the Convention Area (Regs 10(2)(a)–(c), 11(2)(a)–(c)).  However, the Minister may publish Competent Authority details relying on Party‑supplied information without independent verification, which concentrates administrative reliance on third‑party inputs (Reg 8(2)).\n\n- Implementation risks and burdens: compliance requires industry to prepare movement documents that meet an external standard (Annex VI B of the Convention) and to maintain communications with foreign competent authorities (Reg 13). Accident reporting obligations create immediate operational reporting duties (Reg 15). These are concrete compliance costs (time, recordkeeping, possible delays) rather than open‑ended policy duties.\n\n**Concrete tradeoffs and effects on private actors**\n\n- Who pays: primarily the private operators (exporters, importers, carriers) who must prepare documentation, obtain consents, and meet notification/reporting conditions (Regs 10–15).  The Department bears the administrative cost of receiving notifications, publishing Competent Authority details and processing permits (Reg 8). \n\n- Who decides: the Minister grants or refuses permits (subject to statutory constraints set out in the Act as applied by these regulations) and publishes Competent Authority/contact details (Regs 8, 10–11).\n\n- Behaviour changes required: businesses will avoid exporting hazardous waste to Forum Island Countries or to specified territories in the Convention Area (Reg 6); where import or transit is permitted they will use the formal permit route, carry Annex VI B movement documents, notify receipt and disposal to the exporter and competent authority, and report accidents promptly (Regs 10–15).\n\n**Notes on interaction with other law**\n\n- These regulations operate by applying parts of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 to Waigani situations, with necessary substitutions (Regs 10(1), 11(1)).  They also declare that the Part’s requirements are “corresponding requirements” for certain Act provisions where multiple Article 11 (regional) regulations might both apply (Reg 12).\n\n- Radioactive wastes are regulated elsewhere (customs laws) and are excluded from these regulations (Reg 3 note). Routine ship operational wastes governed by other international instruments are also excluded (Reg 7)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: implementing the Waigani Convention (1995) to control hazardous waste movements in the South Pacific. The scope has not expanded beyond the Convention's geographic area (Forum Island Countries and associated territories) or its core subject matter (hazardous waste import/transit from Pacific Island nations, excluding radioactive waste). The machinery provisions (applying Act sections by reference) are a standard legislative technique for treaty implementation rather than scope creep."},"complexity_factors":["Heavy reliance on external treaty definitions (Waigani Convention) rather than standalone definitions — requires cross-referencing to Articles 1, 2.6, 4, 5, 6 and Annex VI B of the Convention","Complex geographic scope involving 20+ Forum Island Countries and territories with specific inclusions/exclusions (American Samoa, French Polynesia, etc.)","Legislative machinery provisions that 'take' sections of the Hazardous Waste Act and apply them as if modified (regulations 10 and 11) — creates a 'read-as-if' interpretive burden","Interaction with Basel Convention framework — the Waigani Convention is an 'Article 11 arrangement' under Basel, creating nested treaty relationships","Multiple permit types with overlapping but distinct conditions (Waigani import vs transit permits)","Conditional logic in regulation 6 with three separate prohibitions (export to Forum Island Countries, import from non-parties, transit from/to non-parties) plus nested sub-clauses","Specific carve-out for radioactive wastes (regulated separately under Customs Act) and ship discharges covered by other international instruments"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations implement Australia's obligations under the **Waigani Convention** — a treaty that bans Pacific Island nations (called \"Forum Island Countries\") from importing hazardous waste and controls how hazardous waste moves between countries in the South Pacific region.\n\n**Who it affects:**\n\n- **Businesses or organisations** wanting to import hazardous waste from Pacific Island countries into Australia\n- **Companies** seeking to transport hazardous waste through Australia (transit) coming from Pacific Island countries\n- **Pacific Island nations** that are party to the Convention\n- **The Australian Environment Minister**, who decides whether to grant permits\n\n**Key rules:**\n\n- **No exports allowed:** Australia cannot grant permits to export hazardous waste *to* Pacific Island countries, or import/transit waste from non-party countries in the region.\n- **Permits required:** To import hazardous waste from a Forum Island Country, or move it through Australia, you need a special \"Waigani permit\" (either import or transit).\n- **Strict conditions apply:** Before granting a permit, the Minister must be satisfied that:\n  - All affected countries have been notified and have consented\n  - The waste won't be dumped at sea in the Convention Area\n- **Tracking required:** Waste must travel with a \"movement document\" (like a passport for waste), and accidents must be reported immediately.\n\n**Why it matters:**\n\nThis protects Pacific Island nations from becoming dumping grounds for toxic waste. Many small island states lack the infrastructure to safely manage hazardous materials, so the Convention (and these regulations) creates a legal barrier against waste colonialism while allowing controlled, consented movements when necessary."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-waigani-convention-regulations-1999","history":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-waigani-convention-regulations-1999/history","analysis":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-waigani-convention-regulations-1999/analysis","conflicts":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-waigani-convention-regulations-1999/conflicts","importantCases":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-waigani-convention-regulations-1999/important-cases","documents":"/api/acts/hazardous-waste-regulation-of-exports-and-imports-waigani-convention-regulations-1999/documents"}}