Part 3

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:

(a) Basel Convention;
(b) export permit;
(c) import permit;
(d) transit permit.

In these regulations:

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: Image unavailable in extracted text (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: Image unavailable in extracted text 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.