Outline of the system
Registration for the importation of exempt plastic bags under the Environment Protection (Banning of Plastic Bags) Regulations 2020.
The importation of exempt plastic bags is allowed subject to registration under Regulation 5. The types of exempt plastic bags are those designed to be used:
• for the disposal of waste, including quarantine and clinical waste;
• for the purpose of agriculture;
• for medical purposes;
• for sampling or analysis;
• as integral part of the packaging in which goods, materials or products are sealed prior to sale on the local market or for export; and
• transparent re-sealable bags with security tamper used by a passenger or carried by a passenger on transfer to carry liquids, aerosols, or gels at an airport or on board of an aircraft.
Nature of licensing
If Automatic, administrative purpose
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The objective for registration and clearance prior to the importation of biodegradable single use products is to ensure that the single use products are biodegradable or compostable.
Questions for products under restriction as to the quantity or value of imports
There is no quota for the importation of exempt plastic bags.
The system applies to products originating from which country?
The system applies to goods originating in from all countries.
Expected duration of licensing procedure
Is the licensing statutorily required?
The Environment Protection (Banning of Plastic Bags) Regulations 2020.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
There is no restriction and all persons wishing to import exempt plastic bags may apply for registration accordingly.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Submission of an application
Administrative body(ies) for submission of an application
Ministry of Environment, Solid Waste Management and Climate Change
What information is required in applications?
What documents is the importer required to supply with the application?
Documents required are as per Second Schedule of the Environment Protection (Banning of Plastic Bags) Regulations 2020.
Window of submission of an application
How far in advance of importation must application for a licence be made?
The regulation provides for registration prior to importation or otherwise this constitutes an offence.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Issuing the license
Can a licence be granted immediately on request?
No. Applications are processed on a first come first serve basis as per good governance protocol established. The minimum requirement time is about five working days.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
The Ministry is the sole authority for processing and delivering permits (Registration).
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Failing to comply with conditions of a registration certificate may lead to revocation of the certificate.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
What is the amount of the fee or charge?
The application fee for registration is Rs 10,000. The renewal fee is also Rs 10,000.
Is there any deposit or advance payment required associated with the issue of licences?
Amount or rate?
Is it refundable?
No, the application fee for registration is not refundable.
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
The Director of Environment is empowered to reject an application not conforming to the regulations.
Are the reasons for any refusal given to applicants?
Regulation 12 stipulates "where the Director rejects and application made under Regulation 5 and 6, he shall notify the applicant in writing, stating the reasons of the refusal."
Have applicants a right of appeal in the event of refusal to issue a licence?
The regulations do not provide restriction of appeal in the event a permit/clearance is refused.
If so, to what bodies and under what procedures?
Section 54 of the Environment Protection Act provides for hearing and determination of appeals by the Environment and Land Use Appeal Tribunal (ELUAT). However, the refusal of a permit under the regulations is not covered under the jurisdiction of the ELUAT and the applicant may initiate civil proceedings before the Supreme Court.
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Bill of Entry from customs.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The importer has to notify the Ministry on the expected date of arrival of their consignment for verification.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A registration certificate issued under the Environment Protection (Banning of Plastic Bags) Regulations 2020 is valid for a period of three years, and may be renewed upon request and would be subject to conditions applied therein.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No. Licences are not transferable.
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?