Interpretation
4 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Hazardous Waste (Regulation of Exports and Imports) Act 1989.
amber control procedure means the procedure described in Section D of Chapter II of the OECD Decision.
amending instrument means the Hazardous Waste (Regulation of Exports and Imports) Legislation Amendment Regulations 2021.
appropriate insurance has the meaning given by regulation 5.
decision period means:
for an application for a special export permit—the period referred to in subregulation 13(1), but as paused or extended under regulation 11, 15, 15A or 15B; or
for an application for a special import permit (other than a pre‑consented recovery facility special import permit)—the period referred to in paragraph 19(1)(b), but as paused or extended under regulation 11, 21 or 22; or
for an application for a pre‑consented recovery facility special import permit—the period referred to in subregulation 19(1)(a), but as paused or extended under regulation 11 or 22; or
for an application for a special transit permit—the period referred to in subregulation 26(1), but as paused or extended under regulation 11, 28 or 28A; or
for an application to vary a special permit—the period referred to in subregulation 39(1), but as paused or extended under regulation 37, 40, 40A or 40B.
EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999.
exporting country, for a special import permit, means the OECD country from which the hazardous waste proposed to be imported under the permit originated.
green control procedure means the procedure described in Section C of Chapter II of the OECD Decision.
hazardous wastes has the meaning given by Section A of Chapter II of the OECD Decision.
importing country, for a special export permit, means the OECD country to which hazardous waste that is proposed to be exported under the permit is finally destined.
OECD Decision means OECD Decision C(2001)107, being Revision of Decision C(92)39/FINAL on the control of transboundary movements of wastes destined for recovery operations, made on 14 June 2001 by the Council of the Organisation for Economic Cooperation and Development, as in force or existing at the time when the amending instrument commences.
The OECD Decision could in 2021 be viewed on the OECD website (https://legalinstruments.oecd.org/).
pre‑consented recovery facility means:
for Australia—a recovery facility approved under regulation 42; or
for an OECD country other than Australia—a recovery facility in that country to which Chapter II Section D (2) Case 2 of the OECD Decision applies.
pre‑consented recovery facility special import permit means a special import permit authorising the import of waste that is:
subject to the amber control procedure; and
proposed to undergo a recovery operation at a pre‑consented recovery facility for Australia.
recovery facility means a facility that carries out recovery operations on hazardous waste.
transboundary movement, in relation to wastes, means movement of wastes from an area under the national jurisdiction of an OECD country to an area under the national jurisdiction of another OECD country.
transit country, for particular hazardous waste, means a country through which the waste is proposed to be transported on the way to its final destination.
wastes has the meaning given by Section A of Chapter II of the OECD Decision.
working day means a day, other than a Saturday, Sunday or public holiday, in the Australian Capital Territory.
Words and phrases used in these Regulations that are defined in the Act have the same meaning in these Regulations as they do in the Act: see Acts Interpretation Act 1901, s 46. For example, section 4 of the Act includes definitions of Basel Convention, competent authority, environmentally sound management, export proposal, hazardous waste, holder, import proposal, special export permit, special import permit, special permit, special transit permit and transit proposal.
A reference in these Regulations to an acknowledgment, consent, notification or objection made or given by the competent authority of an OECD country is a reference to an acknowledgment, consent, notification or objection made or given in accordance with the OECD Decision.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.