Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990
In ForceCTH
Jurisdiction
Commonwealth
Act Number
130 of 1990
Collection
legislative instrument
Plain English Summary
5/10 complexity
This regulation fixes the fees payable to the Commonwealth for permit applications and information requests under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, lists a schedule of application fees (transit, import, export and variations) and sets a single information fee ($1,498). It also provides an annual CPI indexation formula (indexation day 1 July 2018 and each later 1 July) and gives the Minister limited discretion to waive or refund fees where hardship and health or environmental risk are present. It affects anyone applying for or varying hazardous‑waste export, import or transit permits.
The Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 establish the financial conditions for accessing the regulatory machinery of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Mechanically, the Regulations impose a user-pays pricing structure on the international movement of hazardous waste into, out of, or through Australian jurisdiction. By prescribing non-refundable administrative fees for permit applications and subsequent regulatory information requests, the instrument ensures that the cost of assessing and managing environmental and public health risks associated with transboundary waste movements is borne directly by commercial applicants rather than the general public.
The Regulations specify the precise monetary charges for the grant and variation of three primary categories of statutory permits: transit permits, import permits, and export permits. Crucially, the fee structure implements a sharp price differentiation based on the environmental outcome of the proposed waste movement. For export permits, the Regulations establish a two-tier fee system: a lower fee of $12,667 for operations that lead to resource recovery, recycling, reclamation, direct re-use, or alternative uses within the meaning of the Basel Convention, and a significantly higher fee of $35,035 for operations that do not lead to resource recovery, such as final disposal. This price differential of $22,368 serves as a direct economic mechanism designed to discourage final disposal export practices and to lower the relative regulatory cost of recycling and resource recovery.
Additionally, the Regulations impose a secondary fee of $1,498 whenever an applicant complies with a formal request for information issued by the regulator under subsection 15(1) or 26A(1) of the Act. This mechanism transfers the administrative cost of clarifying incomplete or complex applications from the Commonwealth to the applicant. The instrument also establishes an annual indexing mechanism to adjust all fees on 1 July each year in line with movements in the All Groups Consumer Price Index, alongside highly restricted discretionary powers for the Minister to grant fee waivers or refunds under specific circumstances.
Current sections
Direct links to the current provisions in Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.
12
Part 1
Preliminary
Part 1—Preliminary
1
Name of regulations
1 Name of regulations
These regulations are the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.
1A
Authority
1A Authority
These Regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
2
Interpretation
2 Interpretation
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
indexation day means 1 July 2018 and each later 1 July.
index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.
March quarter means a period of 3 months starting on 1 January.
prescribed fee has the meaning given by regulations 3 and 3A.
Part 2
Fees
Part 2—Fees
3
Application fees
3 Application fees
For section 32 of the Act, the fees (the prescribed fees) for applications are specified in clause 1 of Schedule 1.
3A
Information fees
3A Information fees
(1) For the purposes of section 32 of the Act, a person who:
(a) makes a permit application or a variation application; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(2) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(3) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit or a special transit permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(4) A prescribed fee under subregulation (1), (2) or (3):
(a) becomes due and payable to the Commonwealth at the time the person complies with the request; and
(b) may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.
3B
Indexation of fees
3B Indexation of fees
(1) This regulation is made for the purposes of subsection 32(7) of the Act.
(2) If the indexation factor for an indexation day is greater than 1, the amount of a fee specified in clause 1 or 2 of Schedule 1 is, on that day, replaced by the amount worked out using the formula:
View image in the official source
(3) The amount worked out under subregulation (2) is to be rounded to the nearest dollar (rounding 50 cents upwards).
Indexation factor
(4) The indexation factor for an indexation day is the number worked out using the formula:
View image in the official source
where:
base March quarter means the last March quarter before the reference March quarter.
reference March quarter means the last March quarter before the indexation day.
(5) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
Index numbers
(6) Subject to subregulation (7), if at any time before or after the commencement of this subregulation:
(a) the Australian Statistician has published or publishes an index number in respect of a quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this regulation.
(7) If, at any time before or after the commencement of this regulation, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this regulation after the change took place or takes place, have regard only to index numbers published in terms of the new index reference period.
4
Waiver or refund of prescribed fees
4 Waiver or refund of prescribed fees
Waiver of prescribed fees
(1) For the purposes of subsection 32(5) of the Act, a circumstance in which the Minister may wholly or partly waive a prescribed fee to be paid by a person for an application, or for a request for information relating to an application, is that the Minister is satisfied that failure to grant such a waiver:
(a) would cause the person financial hardship; and
(b) could cause harm to human health or the environment.
Refund of prescribed fees
(2) For the purposes of subsection 32(5) of the Act, the circumstances in which the Minister may wholly or partly refund a prescribed fee paid by a person for an application, or for a request for information relating to an application, are that:
(a) the person has paid the prescribed fee more than once in relation to the same application or request; or
(b) the person has paid an amount that is greater than the amount of the prescribed fee; or
(c) all of the following apply:
(i) the application has been made for the wrong kind of permit;
(ii) the application has not been decided;
(iii) the application has been withdrawn.
Part 3
Application and transitional provisions
Part 1—Preliminary
1 Name of regulations
These regulations are the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.
1A Authority
These Regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
2 Interpretation
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
indexation day means 1 July 2018 and each later 1 July.
index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.
March quarter means a period of 3 months starting on 1 January.
prescribed fee has the meaning given by regulations 3 and 3A.
Part 2—Fees
3 Application fees
For section 32 of the Act, the fees (the prescribed fees) for applications are specified in clause 1 of Schedule 1.
3A Information fees
(1) For the purposes of section 32 of the Act, a person who:
(a) makes a permit application or a variation application; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(2) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(3) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit or a special transit permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(4) A prescribed fee under subregulation (1), (2) or (3):
(a) becomes due and payable to the Commonwealth at the time the person complies with the request; and
(b) may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.
3B Indexation of fees
(1) This regulation is made for the purposes of subsection 32(7) of the Act.
(2) If the indexation factor for an indexation day is greater than 1, the amount of a fee specified in clause 1 or 2 of Schedule 1 is, on that day, replaced by the amount worked out using the formula:
View image in the official source
(3) The amount worked out under subregulation (2) is to be rounded to the nearest dollar (rounding 50 cents upwards).
Indexation factor
(4) The indexation factor for an indexation day is the number worked out using the formula:
View image in the official source
where:
base March quarter means the last March quarter before the reference March quarter.
reference March quarter means the last March quarter before the indexation day.
(5) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
Index numbers
(6) Subject to subregulation (7), if at any time before or after the commencement of this subregulation:
(a) the Australian Statistician has published or publishes an index number in respect of a quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this regulation.
(7) If, at any time before or after the commencement of this regulation, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this regulation after the change took place or takes place, have regard only to index numbers published in terms of the new index reference period.
4 Waiver or refund of prescribed fees
Waiver of prescribed fees
(1) For the purposes of subsection 32(5) of the Act, a circumstance in which the Minister may wholly or partly waive a prescribed fee to be paid by a person for an application, or for a request for information relating to an application, is that the Minister is satisfied that failure to grant such a waiver:
(a) would cause the person financial hardship; and
(b) could cause harm to human health or the environment.
Refund of prescribed fees
(2) For the purposes of subsection 32(5) of the Act, the circumstances in which the Minister may wholly or partly refund a prescribed fee paid by a person for an application, or for a request for information relating to an application, are that:
(a) the person has paid the prescribed fee more than once in relation to the same application or request; or
(b) the person has paid an amount that is greater than the amount of the prescribed fee; or
(c) all of the following apply:
(i) the application has been made for the wrong kind of permit;
(ii) the application has not been decided;
(iii) the application has been withdrawn.
Part 3—Application and transitional provisions
Division 1—Transitional matters relating to the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021
5 Transitional matters
(1) Regulation 4, as inserted by the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021, applies in relation to the waiver or refund, or partial waiver or refund, of:
(a) a prescribed fee referred to in regulation 3 for an application if the application is made on or after the commencement day; and
(b) a prescribed fee referred to in regulation 3A for providing information in response to a request if the request is made on or after the commencement day, whether the request relates to an application made before, on or after the commencement day.
(2) In this regulation:
commencement day means the day the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021 commences.
Division 1
Transitional matters relating to the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021
Part 1—Preliminary
1 Name of regulations
These regulations are the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.
1A Authority
These Regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
2 Interpretation
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
indexation day means 1 July 2018 and each later 1 July.
index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.
March quarter means a period of 3 months starting on 1 January.
prescribed fee has the meaning given by regulations 3 and 3A.
Part 2—Fees
3 Application fees
For section 32 of the Act, the fees (the prescribed fees) for applications are specified in clause 1 of Schedule 1.
3A Information fees
(1) For the purposes of section 32 of the Act, a person who:
(a) makes a permit application or a variation application; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(2) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(3) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit or a special transit permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(4) A prescribed fee under subregulation (1), (2) or (3):
(a) becomes due and payable to the Commonwealth at the time the person complies with the request; and
(b) may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.
3B Indexation of fees
(1) This regulation is made for the purposes of subsection 32(7) of the Act.
(2) If the indexation factor for an indexation day is greater than 1, the amount of a fee specified in clause 1 or 2 of Schedule 1 is, on that day, replaced by the amount worked out using the formula:
View image in the official source
(3) The amount worked out under subregulation (2) is to be rounded to the nearest dollar (rounding 50 cents upwards).
Indexation factor
(4) The indexation factor for an indexation day is the number worked out using the formula:
View image in the official source
where:
base March quarter means the last March quarter before the reference March quarter.
reference March quarter means the last March quarter before the indexation day.
(5) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
Index numbers
(6) Subject to subregulation (7), if at any time before or after the commencement of this subregulation:
(a) the Australian Statistician has published or publishes an index number in respect of a quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this regulation.
(7) If, at any time before or after the commencement of this regulation, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this regulation after the change took place or takes place, have regard only to index numbers published in terms of the new index reference period.
4 Waiver or refund of prescribed fees
Waiver of prescribed fees
(1) For the purposes of subsection 32(5) of the Act, a circumstance in which the Minister may wholly or partly waive a prescribed fee to be paid by a person for an application, or for a request for information relating to an application, is that the Minister is satisfied that failure to grant such a waiver:
(a) would cause the person financial hardship; and
(b) could cause harm to human health or the environment.
Refund of prescribed fees
(2) For the purposes of subsection 32(5) of the Act, the circumstances in which the Minister may wholly or partly refund a prescribed fee paid by a person for an application, or for a request for information relating to an application, are that:
(a) the person has paid the prescribed fee more than once in relation to the same application or request; or
(b) the person has paid an amount that is greater than the amount of the prescribed fee; or
(c) all of the following apply:
(i) the application has been made for the wrong kind of permit;
(ii) the application has not been decided;
(iii) the application has been withdrawn.
Part 3—Application and transitional provisions
Division 1—Transitional matters relating to the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021
5 Transitional matters
(1) Regulation 4, as inserted by the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021, applies in relation to the waiver or refund, or partial waiver or refund, of:
(a) a prescribed fee referred to in regulation 3 for an application if the application is made on or after the commencement day; and
(b) a prescribed fee referred to in regulation 3A for providing information in response to a request if the request is made on or after the commencement day, whether the request relates to an application made before, on or after the commencement day.
(2) In this regulation:
commencement day means the day the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021 commences.
5
Transitional matters
5 Transitional matters
(1) Regulation 4, as inserted by the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021, applies in relation to the waiver or refund, or partial waiver or refund, of:
(a) a prescribed fee referred to in regulation 3 for an application if the application is made on or after the commencement day; and
(b) a prescribed fee referred to in regulation 3A for providing information in response to a request if the request is made on or after the commencement day, whether the request relates to an application made before, on or after the commencement day.
(2) In this regulation:
commencement day means the day the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021 commences.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1—Preliminary
1 Name of regulations
1 Name of regulations
These regulations are the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.
1A Authority
1A Authority
These Regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
2 Interpretation
2 Interpretation
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
indexation day means 1 July 2018 and each later 1 July.
index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.
March quarter means a period of 3 months starting on 1 January.
prescribed fee has the meaning given by regulations 3 and 3A.
Part 2 Fees
Part 2—Fees
3 Application fees
3 Application fees
For section 32 of the Act, the fees (the prescribed fees) for applications are specified in clause 1 of Schedule 1.
3A Information fees
3A Information fees
(1) For the purposes of section 32 of the Act, a person who:
(a) makes a permit application or a variation application; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(2) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(3) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit or a special transit permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(4) A prescribed fee under subregulation (1), (2) or (3):
(a) becomes due and payable to the Commonwealth at the time the person complies with the request; and
(b) may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.
Main concepts
Understanding the operation of these Regulations requires a clear analysis of several core legal and economic concepts:
Prescribed Fees
A prescribed fee under these Regulations refers to the mandatory charges set out in Schedule 1. The Regulations divide these into two distinct classes. First, application fees under regulation 3, which must be paid upon submission of an application for the grant or variation of a permit. Second, information fees under regulation 3A, which arise when the regulator requires further information to process a pending application.
Indexation Day and Indexation Factor
Under regulation 2 and regulation 3B, fee adjustment occurs annually on the indexation day, which is 1 July. The indexation factor is calculated using a statutory formula that compares the Consumer Price Index (CPI) of the weighted average of the eight capital cities for the reference March quarter (the March quarter immediately preceding the indexation day) with the base March quarter (the March quarter of the previous year). If this factor is greater than one, the fees are increased and rounded to the nearest dollar. If the factor is one or less, no downward adjustment occurs, creating an asymmetric pricing model that shields government cost recovery from deflationary pressures while adjusting upward for inflation.
Basel Convention Categories
The distinction between recycling and final disposal is a fundamental concept imported from the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Under Schedule 1, export operations are categorized based on whether they lead to resource recovery, recycling, reclamation, direct re-use, or alternative uses. This legal classification directly determines whether an exporter is subject to the lower application fee under Item 3 or the premium fee under Item 4.
Information Requests
Under regulation 3A, a separate liability to pay a fee of $1,498 arises when the regulator issues a statutory demand for information under subsection 15(1) or 26A(1) of the Act. Compliance with this request is the triggering event that makes the fee due and payable to the Commonwealth.
Who it affects
These Regulations primarily affect commercial waste management firms, industrial manufacturers, exporters of electronic waste (e-waste), battery recyclers, chemical processors, and international shipping and logistics companies operating within Australian jurisdiction. Because the international movement of hazardous materials requires strict federal oversight, any entity seeking to import or export hazardous industrial by-products must interact directly with this fee schedule.
The financial impact of the Regulations is highly uneven, creating distinct incentives and operational profiles for different market participants:
Small and Medium Enterprises (SMEs)
For boutique recycling firms or smaller industrial operations, the flat-fee structure represents a significant capital barrier to entry. Because the application fees are flat-rate charges rather than scaled to the volume or value of the shipment, a small-scale exporter of a niche hazardous material is subject to the exact same $12,667 or $35,035 fee as a multinational industrial conglomerate. This structure can discourage smaller market entrants from pursuing legitimate international recycling options, potentially leading to domestic stockpiling or alternative local disposal methods that may carry different environmental profiles.
Importers from Developing Nations
The Regulations explicitly affect entities importing hazardous waste under bilateral or regional agreements. Regulation 3A(2) applies to special import permits under the Timor-Leste Regulations, and regulation 3A(3) applies to special import or transit permits under the Waigani Convention Regulations, which covers South Pacific island nations. Importers of waste from these jurisdictions face the same $1,498 information request fees, which can impact the commercial viability of environmental remediation projects in developing neighbouring states.
Logistics and Shipping Intermediaries
Transit permit applicants (who must pay $5,225 for a grant and $2,244 for a variation) must factor these costs into international maritime routes that pass through Australian territorial waters, affecting port selection and shipping route economics.
Key duties and rights
The Regulations establish a precise set of statutory duties and highly circumscribed rights for applicants interacting with the transboundary waste permit regime:
Duty to Pay Application Fees
An applicant has an absolute duty to pay the prescribed fee specified in Schedule 1 Clause 1 at the time of lodging an application for a transit, import, or export permit, or any variation thereof. Under the administrative framework of the parent Act, the payment of this fee is a condition precedent to the formal assessment of the application.
Duty to Pay Information Fees
Under regulation 3A(4), an applicant who receives and complies with a formal request for information under subsection 15(1) or 26A(1) of the Act incurs a statutory liability to pay the Commonwealth the prescribed fee of $1,498. This fee becomes due and payable at the exact moment the applicant complies with the request, and the Commonwealth has a statutory right to recover this amount as a debt in a court of competent jurisdiction.
Right to Apply for a Waiver
Under regulation 4(1), an applicant has a conditional right to seek a whole or partial waiver of a prescribed application or information fee. However, the Minister's discretionary power to grant a waiver is subject to a strict cumulative test. The Minister must be satisfied that a failure to grant the waiver would cause the applicant financial hardship, AND could cause harm to human health or the environment. The conjunctiveness of this test means that showing financial hardship alone, or environmental risk alone, is legally insufficient to justify a waiver.
Right to Apply for a Refund
Under regulation 4(2), an applicant has a highly restricted right to obtain a full or partial refund of a fee already paid. This right only arises under three exhaustive circumstances:
The applicant paid the fee more than once for the same application or request;
The applicant paid an amount greater than the prescribed fee; or
The applicant applied for the wrong kind of permit, the application has not been decided, and the application has been formally withdrawn.
Penalties and enforcement
Unlike primary environmental statutes, the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 do not contain direct criminal penalties or administrative fines for non-compliance. Instead, the regulatory framework relies on civil debt recovery mechanisms and administrative barrier sanctions to enforce compliance:
Civil Debt Recovery
Regulation 3A(4)(b) explicitly provides that any outstanding information fee is recoverable by the Commonwealth as a debt due in a court of competent jurisdiction. If an applicant complies with an information request under subsection 15(1) or 26A(1) of the Act but refuses or fails to pay the $1,498 fee, the Commonwealth can initiate civil recovery proceedings. This exposes the non-compliant entity to court costs, interest on the unpaid debt, and adverse commercial litigation records.
Administrative Processing Stops
The primary enforcement mechanism for application fees is administrative. Under the parent Act and regulation 3, an application is not considered properly made unless the prescribed fee has been paid. Consequently, the regulator will refuse to process, assess, or decide any application that is unaccompanied by the relevant fee. For commercial operators, this constitutes an absolute barrier, stalling shipments, disrupting supply chains, and causing potentially severe commercial losses.
Commercial Consequences of Delay
Because transboundary shipments of hazardous waste involve complex logistics, charter party agreements, and strict port storage limits, any administrative delay resulting from unpaid fees or outstanding information requests can trigger significant commercial penalties. These include shipping demurrage charges, warehouse holding fees, and potential contractual breaches with international buyers or waste treatment facilities, making compliance with the fee schedule a matter of urgent commercial self-interest.
How it interacts with other laws
The Regulations do not operate in isolation but form a critical financial component of a broader domestic and international environmental law framework:
The Parent Act
The primary interaction is with the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically section 32, which provides the statutory authority for the making of these Regulations. The definitions of core terms such as export permit, import permit, transit permit, and Basel Convention are directly imported from the Act.
Regional and Bilateral Treaties
The Regulations interact directly with specific bilateral and multilateral environmental treaties through their incorporation of:
The Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor-Leste) Regulations 2003; and
The Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999.
Under regulations 3A(2) and 3A(3), these instruments apply the information fee provisions of the Act to special permits issued under these regional agreements, ensuring that the cost-recovery model is maintained across all regional waste import streams.
Australian Statistical Laws
The fee indexation mechanism in regulation 3B relies entirely on the All Groups Consumer Price Index compiled and published by the Australian Statistician under the Census and Statistics Act 1905. The Regulations explicitly manage changes in statistical methodology by stating in regulation 3B(7) that if the index reference period changes, the regulator must have regard only to index numbers published under the new reference period.
State and Territory Environmental Laws
While these federal Regulations govern the fees for international transit, the actual handling, storage, and domestic transport of the hazardous waste within Australia remains subject to State and Territory legislation, such as the New South Wales Protection of the Environment Operations Act 1997 or the Victorian Environment Protection Act 2017. Exporters must navigate both the federal fees and local state-based licensing and tracking charges.
Amendment history
The Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 have undergone several targeted amendments to align with broader Commonwealth cost-recovery policies, shifting economic conditions, and administrative reforms:
Original Enactment (1990)
The Regulations were established to implement the baseline cost-recovery mechanism authorized by the 1989 parent Act, setting fixed application fees to offset the administrative costs of assessing transboundary waste permit applications.
Introduction of Indexation (2018)
With effect from 1 July 2018, regulation 3B was introduced to establish an automated annual indexation mechanism. This shifted the regulatory framework away from periodic, ad-hoc legislative amendments to update fees, replacing it with a system tied to the All Groups Consumer Price Index. This amendment ensured that the real value of the cost-recovery fees would not be eroded over time by inflation, shifting the fiscal burden of indexation analysis away from parliament and onto the administrative calculations of the regulator.
The 2021 Reforms
The most significant modern structural reform occurred via the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021. This amendment completely replaced the previous waiver and refund framework by inserting a new regulation 4 and transitional provisions under regulation 5. The 2021 reforms introduced the strict, dual-condition test for financial hardship and environmental risk under regulation 4(1). It also codified the highly specific, limited refund categories under regulation 4(2) to resolve previous administrative ambiguities regarding when a refund could be legally issued for mistaken or withdrawn applications.
Litigation history
While the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 themselves have not been the subject of prominent reported litigation in the High Court or the Federal Court of Australia, they operate in a highly regulated domain where administrative decisions are frequently contested. The lack of direct litigation on the fee regulations is primarily due to the clear, mathematical nature of the fee calculations and the high cost of federal litigation relative to the fee amounts, which discourages applicants from challenging fee assessments in court.
However, the legal concepts underpinning the Regulations are subject to administrative scrutiny:
Dispute Channels
Disputes regarding these Regulations typically arise during the application phase and are resolved through internal department reviews or complaints to the Commonwealth Ombudsman. The most common point of friction is the classification of waste under Schedule 1. An applicant may argue that their proposed export shipment falls under Item 3 (resource recovery, carrying a $12,667 fee) while the department's technical advisors classify it under Item 4 (other operations/disposal, carrying a $35,035 fee). The $22,368 difference represents a significant commercial dispute, but it is ultimately resolved by interpreting the technical definitions of "recycling" and "reclamation" under the Basel Convention rather than the text of the fee regulations themselves.
Administrative Appeals Tribunal (AAT)
While the fees themselves are non-discretionary (save for the strict waiver and refund rules), decisions by the delegate of the Minister to refuse a permit under the parent Act, which would render the application fee lost, are reviewable by the AAT. In such cases, the administrative fees paid under these Regulations are treated as sunk costs of the regulatory process, regardless of whether the review of the underlying permit decision is successful.
Gotchas
Practitioners and compliance officers must navigate several subtle legal triggers and structural asymmetries within these Regulations to avoid unexpected liabilities or lost capital:
The Information Fee Multiplication Trap
Under regulation 3A, a fee of $1,498 is payable every time an applicant complies with a request for information under subsection 15(1) or 26A(1) of the Act. The wording does not restrict this to a single fee per application. If the regulator issues multiple separate requests for information over the course of a complex assessment, and the applicant complies with each request, the applicant may be liable for multiple information fees. This can significantly inflate the total cost of securing a permit.
The High Conjunctive Waiver Bar
An applicant facing severe financial distress cannot obtain a fee waiver under regulation 4(1) merely by proving insolvency or cash flow difficulties. The regulation uses the word "and" to connect regulation 4(1)(a) and regulation 4(1)(b). The Minister must be satisfied that a failure to grant the waiver would cause financial hardship and could cause harm to human health or the environment. If the hazardous waste is securely stored in a professional third-party facility, there may be no risk of environmental harm, meaning the applicant will fail the second limb of the test and be denied a waiver despite genuine financial hardship.
The Decided Permit Refund Trap
Under regulation 4(2)(c), an applicant who realizes they have applied for the wrong kind of permit can only obtain a refund if the application has not been decided and has been formally withdrawn. If the regulator processes the application and formally refuses it on the basis that the applicant applied for the wrong permit, the right to a refund is lost entirely, forcing the applicant to forfeit the initial fee and pay a second fee for the correct permit.
Disregarding Revised CPI Data
Under regulation 3B(6), if the Australian Statistician publishes a revised CPI index number for a past quarter, that later publication must be disregarded for the purposes of calculating the indexation factor. Compliance teams calculating future fee increases must rely on the originally published CPI data, not the retrospectively corrected figures, to avoid miscalculating their regulatory liabilities.
How to comply
To ensure full compliance with the Regulations while minimizing unnecessary financial exposure, commercial operators and legal advisors should implement a structured compliance workflow:
Step 1: Pre-Lodgement Classification and Verification
Before drafting an application, determine the precise nature of the proposed waste movement (transit, import, or export). If the transaction is an export, consult with technical engineers to verify whether the processing destination qualifies as a resource recovery or recycling facility under the Basel Convention. Document this classification thoroughly to support the lodgement under Item 3 ($12,667) rather than the premium Item 4 ($35,035).
Step 2: Access the Current Indexed Fee Schedule
Because fees are updated every 1 July under regulation 3B, never rely on outdated statutory texts or previous year invoices. Prior to lodging, access the current department fee schedule or calculate the indexed rate manually by applying the CPI indexation factor formula using the March quarter CPI data published by the Australian Bureau of Statistics. Ensure that sufficient liquid capital is allocated to cover the exact fee amount, as underpayments will result in administrative processing halts.
Step 3: Optimize Initial Applications to Avoid Information Requests
Given that each compliant response to a formal information request under s 15(1) or s 26A(1) triggers a mandatory $1,498 fee, invest resources in preparing highly detailed, comprehensive initial applications. Ensure all technical specifications, emergency response plans, and facility certificates are attached to the original lodgement. Minimizing the need for the regulator to issue formal information requests is the most effective way to control regulatory costs.
Step 4: Monitor and Mitigate Permit Errors
If a compliance team discovers that an application was made for the incorrect permit type, immediately draft and submit a formal withdrawal notice to the department before the delegate makes a final decision. Under regulation 4(2)(c), this timely withdrawal is the only mechanism to preserve the right to a refund of the application fee.
Step 5: Document Waiver and Refund Submissions
If applying for a waiver under regulation 4(1), compile clear evidence addressing both limbs of the test. Provide audited financial statements to prove hardship, alongside detailed environmental safety reports or risk assessments demonstrating how a denial of the waiver (and subsequent inability to move the waste) would result in environmental degradation or human health hazards.
(1) This regulation is made for the purposes of subsection 32(7) of the Act.
(2) If the indexation factor for an indexation day is greater than 1, the amount of a fee specified in clause 1 or 2 of Schedule 1 is, on that day, replaced by the amount worked out using the formula:
(3) The amount worked out under subregulation (2) is to be rounded to the nearest dollar (rounding 50 cents upwards).
Indexation factor
(4) The indexation factor for an indexation day is the number worked out using the formula:
where:
base March quarter means the last March quarter before the reference March quarter.
reference March quarter means the last March quarter before the indexation day.
(5) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
Index numbers
(6) Subject to subregulation (7), if at any time before or after the commencement of this subregulation:
(a) the Australian Statistician has published or publishes an index number in respect of a quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this regulation.
(7) If, at any time before or after the commencement of this regulation, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this regulation after the change took place or takes place, have regard only to index numbers published in terms of the new index reference period.
4 Waiver or refund of prescribed fees
4 Waiver or refund of prescribed fees
Waiver of prescribed fees
(1) For the purposes of subsection 32(5) of the Act, a circumstance in which the Minister may wholly or partly waive a prescribed fee to be paid by a person for an application, or for a request for information relating to an application, is that the Minister is satisfied that failure to grant such a waiver:
(a) would cause the person financial hardship; and
(b) could cause harm to human health or the environment.
Refund of prescribed fees
(2) For the purposes of subsection 32(5) of the Act, the circumstances in which the Minister may wholly or partly refund a prescribed fee paid by a person for an application, or for a request for information relating to an application, are that:
(a) the person has paid the prescribed fee more than once in relation to the same application or request; or
(b) the person has paid an amount that is greater than the amount of the prescribed fee; or
(c) all of the following apply:
(i) the application has been made for the wrong kind of permit;
(ii) the application has not been decided;
(iii) the application has been withdrawn.
Part 3 Application and transitional provisions
Part 1—Preliminary
1 Name of regulations
These regulations are the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.
1A Authority
These Regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
2 Interpretation
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
indexation day means 1 July 2018 and each later 1 July.
index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.
March quarter means a period of 3 months starting on 1 January.
prescribed fee has the meaning given by regulations 3 and 3A.
Part 2—Fees
3 Application fees
For section 32 of the Act, the fees (the prescribed fees) for applications are specified in clause 1 of Schedule 1.
3A Information fees
(1) For the purposes of section 32 of the Act, a person who:
(a) makes a permit application or a variation application; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(2) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(3) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit or a special transit permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Waigani Convention) Regulations 1999, in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(4) A prescribed fee under subregulation (1), (2) or (3):
(a) becomes due and payable to the Commonwealth at the time the person complies with the request; and
(b) may be recovered as a debt due to the Commonwealth by action in a court of competent jurisdiction.
3B Indexation of fees
(1) This regulation is made for the purposes of subsection 32(7) of the Act.
(2) If the indexation factor for an indexation day is greater than 1, the amount of a fee specified in clause 1 or 2 of Schedule 1 is, on that day, replaced by the amount worked out using the formula:
(3) The amount worked out under subregulation (2) is to be rounded to the nearest dollar (rounding 50 cents upwards).
Indexation factor
(4) The indexation factor for an indexation day is the number worked out using the formula:
where:
base March quarter means the last March quarter before the reference March quarter.
reference March quarter means the last March quarter before the indexation day.
(5) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).
Index numbers
(6) Subject to subregulation (7), if at any time before or after the commencement of this subregulation:
(a) the Australian Statistician has published or publishes an index number in respect of a quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this regulation.
(7) If, at any time before or after the commencement of this regulation, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this regulation after the change took place or takes place, have regard only to index numbers published in terms of the new index reference period.
4 Waiver or refund of prescribed fees
Waiver of prescribed fees
(1) For the purposes of subsection 32(5) of the Act, a circumstance in which the Minister may wholly or partly waive a prescribed fee to be paid by a person for an application, or for a request for information relating to an application, is that the Minister is satisfied that failure to grant such a waiver:
(a) would cause the person financial hardship; and
(b) could cause harm to human health or the environment.
Refund of prescribed fees
(2) For the purposes of subsection 32(5) of the Act, the circumstances in which the Minister may wholly or partly refund a prescribed fee paid by a person for an application, or for a request for information relating to an application, are that:
(a) the person has paid the prescribed fee more than once in relation to the same application or request; or
(b) the person has paid an amount that is greater than the amount of the prescribed fee; or
(c) all of the following apply:
(i) the application has been made for the wrong kind of permit;
(ii) the application has not been decided;
(iii) the application has been withdrawn.
Part 3—Application and transitional provisions
Division 1—Transitional matters relating to the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021
5 Transitional matters
(1) Regulation 4, as inserted by the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021, applies in relation to the waiver or refund, or partial waiver or refund, of:
(a) a prescribed fee referred to in regulation 3 for an application if the application is made on or after the commencement day; and
(b) a prescribed fee referred to in regulation 3A for providing information in response to a request if the request is made on or after the commencement day, whether the request relates to an application made before, on or after the commencement day.
(2) In this regulation:
commencement day means the day the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021 commences.
Division 1 Transitional matters relating to the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021
Part 1—Preliminary
1 Name of regulations
These regulations are the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.
1A Authority
These Regulations are made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
2 Interpretation
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
indexation day means 1 July 2018 and each later 1 July.
index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.
March quarter means a period of 3 months starting on 1 January.
prescribed fee has the meaning given by regulations 3 and 3A.
Part 2—Fees
3 Application fees
For section 32 of the Act, the fees (the prescribed fees) for applications are specified in clause 1 of Schedule 1.
3A Information fees
(1) For the purposes of section 32 of the Act, a person who:
(a) makes a permit application or a variation application; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act in relation to the application; and
(c) complies with the request;
is liable to pay the Commonwealth a fee (a prescribed fee) specified in clause 2 of Schedule 1.
(2) For the purposes of section 32 of the Act, a person who:
(a) applies for a special import permit, or for a variation of such a permit, under a provision of Part 2 of the Act as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003; and
(b) is given a request to provide information under subsection 15(1) or 26A(1) of the Act, as applied by the Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor‑Leste) Regulations 2003, in relation to the application;
This is an opening excerpt, not the complete document.