CTHIn ForceAct
Hazardous Waste (Regulation of Exports and Imports) Act 1989
13ESpecial permit may be granted under a set of Article 11 regulations only if corresponding requirements of other sets of Article 11 regulations have been met
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#### 13E Special permit may be granted under a set of Article 11 regulations only if corresponding requirements of other sets of Article 11 regulations have been met
Import
(1) If:
(a) a person applies for a special import permit in relation to an import proposal that is within the scope of a particular set of Article 11 regulations; and
(b) the proposal is within the scope of another set of Article 11 regulations;
the Minister must not grant the permit unless the Minister is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. For this purpose, a corresponding requirement of a particular set of Article 11 regulations is a requirement under that set of regulations:
(c) that must be met before granting a special import permit under that set of regulations; and
(d) that is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
(2) Subsection (1) does not prevent the set of Article 11 regulations mentioned in paragraph (1)(a) from setting out other requirements that must be met before granting a special import permit under that set of regulations.
Export
(3) If:
(a) a person applies for a special export permit in relation to an export proposal that is within the scope of a particular set of Article 11 regulations; and
(b) the proposal is within the scope of another set of Article 11 regulations;
the Minister must not grant the permit unless the Minister is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. For this purpose, a corresponding requirement of a particular set of Article 11 regulations is:
(c) a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special export permit under that set of regulations authorising the export of hazardous waste to that country; or
(d) another requirement under that set of regulations:
(i) that must be met before granting a special export permit under that set of regulations; and
(ii) that is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
(4) Subsection (3) does not prevent the set of Article 11 regulations mentioned in paragraph (3)(a) from setting out other requirements that must be met before granting a special export permit under that set of regulations.
Transit
(5) If:
(a) a person applies for a special transit permit in relation to a transit proposal that is within the scope of a particular set of Article 11 regulations; and
(b) the proposal is within the scope of another set of Article 11 regulations;
the Minister must not grant the permit unless the Minister is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. For this purpose, a corresponding requirement of a particular set of Article 11 regulations is:
(c) a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special transit permit under that set of regulations authorising the carrying out of a transit proposal that involves the export of hazardous waste to that country; or
(d) another requirement under that set of regulations:
(i) that must be met before granting a special transit permit under that set of regulations; and
(ii) that is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
(6) Subsection (5) does not prevent the set of Article 11 regulations mentioned in paragraph (5)(a) from setting out other requirements that must be met before granting a special transit permit under that set of regulations.