16Grant of special export permit

16 Grant of special export permit

(1) The Minister must not grant a special export permit authorising the export of hazardous waste unless: (a) the Minister is satisfied that the application for the permit is permitted by regulation 9 to be made; and (b) the Minister is satisfied that dealing with the hazardous waste concerned in accordance with the export proposal would be consistent with the environmentally sound management of the waste; and (c) the Minister is satisfied that the competent authority of the importing country has given written consent to the movement of the waste; and (d) the Minister is satisfied that the waste will undergo a recovery operation in the importing country at a recovery facility that is authorised to carry out recovery operations on waste of that type; and (e) having regard to the OECD Decision, Chapter II, Section D (1) (a) (concerning written contracts covering the movement of waste), the Minister is satisfied that it is appropriate to grant the permit; and (f) the Minister is satisfied that the waste will be allowed to be transported through any foreign country through which the waste is proposed to be transported; and (g) the Minister is satisfied that the waste will be transported in a way that is consistent with the environmentally sound management of the waste; and (h) the Minister is satisfied that the applicant: (i) is a suitable person to be granted the permit; and (ii) has appropriate insurance; and (i) the Minister has taken into account any relevant public comments received in response to an invitation under paragraph 33(1)(aa) of the Act about the application for the permit (or any notice relating to that application). (2) The Minister may refuse to grant the permit if the Minister considers that it is in the public interest to do so. (3) The Minister may refuse to grant the permit if the Minister is satisfied that: (a) there is another way in which the hazardous waste could appropriately be dealt with; and (b) dealing with the waste in that way would not pose significant risk of injury or harm to people or the environment; and (c) having regard to Australia’s international obligations, the waste should be dealt with in that way rather than according to the export proposal. (4) The Minister may refuse to grant the permit if the Minister is satisfied that: (a) the hazardous waste could be disposed of safely and efficiently by using a facility in Australia; and (b) such a disposal would be consistent with the environmentally sound management of the waste; and (c) having regard to the desirability of using facilities in Australia for the disposal of hazardous waste, the waste should be disposed of by using that facility rather than according to the export proposal. (5) For paragraph (1) (c), if the waste proposed to be exported is waste subject to the amber control procedure, the competent authority of the importing country is taken to have given written consent to the grant of the permit if: (a) the country has acknowledged receipt of the notice mentioned in subregulation 12 (4); and (b) for waste that is proposed to be sent: (i) to a pre‑consented recovery facility—no objection is received within 7 days of that acknowledgement; or (ii) in any other case—no objection is received within 30 days of that acknowledgement. (5A) For paragraph (5) (b), no objection is received means that no written objection to the export proposal from the importing country or a transit country is received by the exporting country or, if an objection of that type has been received, it has been withdrawn within the time allowed. (6) A consent that, under subregulation (5), is taken to have been given to the grant of a permit has effect for the export proposal commencing on the day after the date of the acknowledgement mentioned in paragraph (5) (a) and ending: (a) for export to a pre‑consented facility—3 years and 7 days later; or (b) in any other case—1 year and 30 days later. (7) For subparagraph (1) (h) (i), the Minister must consider: (a) the applicant’s financial viability; and (b) the applicant’s previous record on environmental matters; and (c) other relevant matters.