Basic information
Outline of the system
The import, export and transit of hazardous waste is regulated under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) and associated regulations, to ensure that hazardous waste is managed in an environmentally sound manner to protect human beings and the environment, within and outside Australia.
The regulatory framework implements Australia's obligations under the Basel Convention for the Control of Trans-boundary Movements of Hazardous Waste and their Disposal (Basel Convention), as well as the following related agreements and arrangements concerning the transboundary movement of hazardous and other waste:
- the Organisation for Economic Co-operation and Development (OECD) Council Decision C (2001) 107 FINAL, as amended by C(2004)20;
- the Waigani Convention (Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region); and
- a bilateral arrangement between Australia and the United Nations Transitional Administration in East Timor.
Product coverage
The Act and regulations establish a permit control system for the export from, import into, or transit through, Australia of hazardous and other wastes, which are determined by category and characteristics listed in the schedules of the Basel Convention, Waigani Convention, and OECD Council Decision.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The Act and regulations are not intended to restrict the quantity or value of imports.
The permit system ensures that Australia's international obligations concerning the transboundary movement, for environmentally sound and safe management of hazardous and other waste, are upheld.
To that effect, the Basel Convention provides that trans boundary movements of hazardous and other wastes is to be reduced to the minimum consistent with the environmentally sound and efficient management of such wastes.
Complementary to this, the OECD Council Decision controls the transboundary movements of hazardous and other wastes destined for recycling and/or recovery operations within the OECD members in view of member countries having established infrastructure.
Australia's agreement with East Timor allows the import of hazardous waste from East Timor to Australia following similar procedures to that established under the Basel Convention.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The permit system applies to all transboundary movements of hazardous and other wastes between countries that are a party to the Basel Convention or the Waigani Convention, or member countries of the OECD, or imports from East Timor to Australia.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The law under which the permitting system is maintained is the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Hazardous Waste Act) and associated regulations. Permitting is a statutory requirement for the import, export and transit of any hazardous waste listed in schedules to the Basel Convention, Waigani Convention, or the OECD Council Decision.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
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?
Any person, firm or institution may apply for a permit.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
As with all applications, the decision of the Minister for the Environment or their delegate will be based on information provided as required under the Hazardous Waste Act or relevant regulations.
Amongst other things, the Minister for the Enviroment will consider whether the proposed manner for dealing with the hazardous waste is environmentally sound, , the applicant is a suitable person to be granted a permit and has appropriate insurance.
The form that is required to be used when applying for an import, export or transit permit may be accessed here: http://www.dcceew.gov.au/environment/protection/hazardous-waste/permits
In general information required in the permit application includes:
• the identity and suitability of the applicant, including applicant's name and address and financial situation; • a description of the material to be imported; • the method of transportation, ports of entry for importation; and • the method of disposal of the waste.
More details of what the Minister for the Environment will give consideration to as part of an application process can be found at: https://www.comlaw.gov.au/Series/C2004A03937.
What documents is the importer required to supply with the application?
Additional documentation required with the application includes verification that the disposal is environmentally sound and safe, the capability of the processors to treat the material, and proof that appropriate insurances and contracts have been obtained/arranged.
Window of submission of an application
How far in advance of importation must application for a licence be made?
The Hazardous Waste Act and regulations require that a permit be obtained before hazardous waste is exported from, imported into, or transited through, Australia.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
No. Permits are issued only after authorisation by the Minister for the Environment or their delegate, with a requirement for determination of the justification for import and the fitness of the processing organisation to treat the material in an environmentally sound manner.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
All applications are assessed according to the relevant sections of the Hazardous Waste Act or regulations, and on a case by case basis. The timeframes in the Hazardous Waste Act or associated regulations, and on a case-by-case basis. The timeframes in the Hazardous Waste Act and associated regulations reflect the timeframes provided for in the treaties on hazardous waste to which Australia is a party.
Which administrative body is responsible for approving application of licences?
Consideration of a permit application is undertaken by the Department of Climate Change, Energy, the Enviroment and Water (DCCEEW).
Must the applications be passed on to other organs for visa, note or approval?
Importers may, however, have to approach other government (Commonwealth, State and Territory) agencies for approval to import due to conditions that apply to the type of item. Examples of such agencies would be the Therapeutic Goods Administration or the appropriate State or Territory environment agency.
Are there any other conditions attached to the issue of a licence?
All applications must identify the maximum amount of the hazardous wastes that is intended to be covered by the permit. The maximum amount that is then specified in that permit cannot be exceeded. In addition, the applicant is provided with conditions that form part of the permit that usually relate specifically to the transport, treatment and/or disposal of the hazardous waste.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
The application fees and levy that apply to the lodgement of permit applications, can be accessed in the Hazardous Waste (Regulation of Exports and Imports)(Fees) Regulations 1990. All permit application fees (including the levy) are non-refundable.
Is there any deposit or advance payment required associated with the issue of licences?
There is no requirement for an advance payment, as the relevant fee must be paid at the time of making a permit application. Full payment of the fee is required (unless the Minister has determined in writing that the prescribed fee payable in relation to a specified application or a specified notice is reduced by a specified amount).
Amount or rate?
Permit application fees can be found at: http://www.dcceew.gov.au/environment/protection/hazardous-waste/permits#...
Is it refundable?
The fee 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?
A permit application may be refused on various grounds under the Act and regulations, for example if the Minister for the Environment considers that it would not be in the public interest to grant the permit.
There are also requirements on all countries through which the proposed movement of hazardous waste is to be transported, to control the transboundary movement of hazardous waste. Refusal to accept the movement by any such country will result in the country of export being refused a permit.
Are the reasons for any refusal given to applicants?
A statement of reasons for the Minister of the Environment or their delegate's refusal of a permit is given to applicants.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants refused permission to exports may appeal to the Administrative Appeals Tribunal on the merits of the decision.
If so, to what bodies and under what procedures?
Alternatively, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
The import permit and a completed Movement/Tracking Form are required.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
In some cases the approval/certification of other agencies is required prior to the issue of a permit. The permit applicant is responsible for ensuring they have obtained all relevant approvals and licenses.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Under the Basel Convention, the import permit is valid for a period of up to twelve months and covers the amount and number of shipments of the hazardous waste as noted in the application. The OECD Council Decision allows the period for permits up to 36 months for pre-authorised facilities.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of an import permit or a portion of that permit.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits/licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.