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Hazardous Waste (Regulation of Exports and Imports) Act 1989
41BApproval of transportation of substances through transit countries
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#### 41B Approval of transportation of substances through transit countries
Application for approval
(1) A person may apply to the Minister for an approval under this section to transport a substance or object through a foreign country.
Form of application
(2) The application must:
(a) be in the form approved by the Minister; and
(b) set out, or be accompanied by, such information relating to the proposed transportation as is required by the form.
Minister must notify foreign country of application
(3) Within 21 days after receiving the application, the Minister must give the competent authority of the foreign country a written notification of the application. For the purposes of this section, the competent authority’s decision period is the period of 60 days beginning when the notification was given to the competent authority.
If the foreign country consents, Minister must approve transportation
(4) If, during the competent authority’s decision period, the competent authority notifies the Minister that it consents to the transportation, the Minister must, as soon as practicable after receiving that notification, give the applicant a written notice approving the transportation.
If the foreign country refuses consent, Minister must refuse approval of transportation
(5) If, during the competent authority’s decision period, the competent authority notifies the Minister that it does not consent to the transportation, the Minister must, as soon as practicable after receiving that notification, give the applicant a written notice refusing to approve the transportation.
If the foreign country does not reply within 60 days, Minister must refuse approval of transportation
(6) If, by the end of the competent authority’s decision period, the competent authority has neither:
(a) notified the Minister that it consents to the transportation; nor
(b) notified the Minister that it does not consent to the transportation;
the Minister must, as soon as practicable, give the applicant a written notice refusing to approve the transportation.