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Hazardous Waste (Regulation of Exports and Imports) Regulations 1996
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Hazardous Waste (Regulation of Exports and Imports) Regulations 1996
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Turn the raw legal text into a practical explanation grounded in Hazardous Waste (Regulation of Exports and Imports) Regulations 1996.
This instrument is the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996.
This instrument is made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Basel Convention;
(b) Basel export permit;
(c) competent authority;
(d) foreign country;
(e) relevant person.
In this instrument:
Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
For the purposes of the definition of household waste in section 4 of the Act, household waste does not include waste listed in Annex IX (List B) to the Basel Convention, unless the waste is mixed with other waste listed in Annex IX (List B) to that Convention.
For the purposes of subsections 16A(1) and 26C(1) of the Act, the information about: (a) an application for a Basel export permit; or (b) an application for a variation of a Basel export permit; that the Minister is required to notify to a competent authority of a foreign country is the information mentioned in Annex VA to the Basel Convention about the application.
Requirement to make and retain records (1) For the purposes of subsection 41D(1) of the Act, the following persons must make and retain the following records: (a) for a person who holds a permit under the Act in relation to the import, export or transit of hazardous waste: (i) each document (if any) that the person is required to keep in accordance with a condition of the permit; and (ii) each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the permit or any requirements of the Act or regulations made under the Act; (b) for a person who has been notified under subsection 33G(1) of the Act that a transit permit is not required for carrying out a transit proposal—each document that: (i) is made by the person or that comes into the person’s possession; and (ii) is relevant to showing whether the criteria mentioned in paragraphs 33G(1)(a), (b), (c) and (d) of the Act are satisfied, or continue to be satisfied, for the transit proposal; (c) for a person who has been given an order under Part 3 of the Act: (i) each document (if any) that the person is required to keep in accordance with the order; and (ii) each other document that is made by the person, or that comes into the person’s possession, and is relevant to showing whether the person has complied, or is complying, with the order or any requirements of the Act or regulations made under the Act. Period for which records must be retained (2) A person who is required to retain records under this section must retain each such record for at least the period of 5 years starting on the day the record is made by the person or comes into the person’s possession. Form in which records must be retained (3) A person who is required to retain records under this section must retain each such record in a form that is: (a) dated with the date the document is created or with the date the document comes into the person’s possession; and (b) for a document created by the person—accurate and legible; and (c) able to be audited; and (d) in electronic or paper form. (4) If a record is not in English, the person must obtain a translation of the record into English and retain the translation for at least the period of 5 years starting on the day the translation is obtained. Alteration or defacing of records (5) A person who is required to retain a record under this section must: (a) not alter or deface the record; and (b) take reasonable steps to prevent the record from being altered or defaced by another person. (6) However, subsection (5) does not prevent a person from making notations or marking on the record in accordance with any ordinary practice. (7) If a person makes notations or markings on the record in accordance with ordinary practice, the person required to retain the record under this section must also retain, for at least the period mentioned in subregulation (2) or (4) (as applicable): (a) if reasonably practicable—a copy of the original record without notations or markings; and (b) copies of the record that show how the record has changed over time.
Note: A person may commit an offence of strict liability or be liable to a civil penalty if the person is required to retain a record in accordance with this provision and the person fails to comply with the requirement (see subsections 41D(4) and (5) of the Act).
For the purposes of paragraph 53(3)(a) of the Act, an auditor must conduct an audit: (a) as expeditiously as reasonably practicable; and (b) in a way that results in minimal interference to the operations in relation to which the audit is conducted.
(1) For the purposes of subsection 53(3) of the Act, an auditor who completes an audit must: (a) as soon as reasonably practicable after the audit is completed, notify the relevant person for the audit, orally or in writing, that the audit is completed; and (b) within 14 days after the day the audit is completed, make a written report (an audit report) of the audit and give a copy of the audit report to: (i) the Secretary, in the manner approved by the Secretary; and (ii) the relevant person for the audit. (2) The audit report must include the following: (a) the name of the auditor; (b) the day the audit commenced, the day the audit was completed, and the total time spent (in hours) conducting the audit; (c) the name of the relevant person for the audit; (d) a description of the operations to which the audit relates; (e) a description of the scope of the audit; (f) the findings of the audit including whether, in the auditor’s opinion, there is, or there has been, a failure to comply with the requirements of the Act in relation to a matter to which the audit relates, including a contravention of the conditions of a permit (if any); (g) the reasons for the auditor’s findings. (3) The audit report may also: (a) identify any risk of a potential non‑compliance with a requirement of the Act in relation to a matter to which the audit relates; and (b) include recommendations that any of the following actions be taken: (i) action to address any non‑compliance with any of those requirements; (ii) action to address the risk of a potential non‑compliance with any of those requirements.
Household waste (1) Section 4, as inserted by the amending instrument, applies in relation to the import, export or transit of hazardous waste on or after the commencement day. Notification to competent authority (2) Section 5, as inserted by the amending instrument, applies in relation to the following: (a) an application for a Basel permit made on or after the commencement day; (b) an application for a Basel permit made before the commencement day if the application is varied on or after that day; (c) an application made on or after the commencement day for a variation of a Basel permit, whether the permit was granted before, on or after the commencement day. Record‑keeping (3) Section 6, as inserted by the amending instrument, applies in relation to the following: (a) a permit granted, under the Act, on or after the commencement day in relation to the import, export or transit of hazardous waste; (b) a notification given, under subsection 33G(1) of the Act, on or after the commencement day; (c) an order given, under Part 3 of the Act, on or after the commencement day. (4) In this section:
amending instrument means the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021.
commencement day means the day the amending instrument commences.