Basic information
Outline of the system
Imports of waste classified as hazardous or as coming from households under the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 require consent from the Environmental Protection Authority. Consent is obtained through meeting the requirements of the Order and where proposed imports are in conformity with New Zealand’s obligations under the Basel Convention, the Waigani Convention and OECD Decision C(2001)107/Final on the Control of Transboundary Movements of Wastes Destined for Recovery Operations.
Product coverage
Imports of waste classified as hazardous under the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004
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 purpose is to ensure environmentally sound and efficient management of hazardous wastes and that transboundary movements are conducted in a manner which will protect human health and the environmental against the adverse effects which may result.
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 system applies to goods originating in and coming from countries who are Parties to the Basel Convention, the Waigani Convention or the OECD Decision. Imports from non-Parties are prohibited.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Imports and Exports (Restrictions) Act 1988, Imports and Exports (Restrictions) Prohibition Order (No.2) 2004.
Required to implement obligations under the Basel Convention on the Control of the Transboundary Movement of Hazardous Wastes and their Disposal and the Waigani 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 the OECD Decision C(2001)107/Final on the Control of Transboundary Movements of Wastes Destined for Recovery Operations.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
"Waste" and "hazardous waste" are defined in the Order.
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the government (or the executive branch) 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?
All persons, firms and institutions are eligible to apply.
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?
A guidance document and the application form for an import permit is provided on the EPA website:
https://www.epa.govt.nz/industry-areas/hazardous-substances/hazardous-wa...
What documents is the importer required to supply with the application?
Documents the importer is required to supply with the application include a completed notification form, contract(s), insurance, evidence of environmentally sound management, reason for export.
Window of submission of an application
How far in advance of importation must application for a licence be made?
No set time limit, depends on timing of commercial arrangements.
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.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
No ability to fast track a licence.
Which administrative body is responsible for approving application of licences?
Yes - one single administrative organ.
Must the applications be passed on to other organs for visa, note or approval?
Yes - one single administrative organ.
Are there any other conditions attached to the issue of a licence?
Yes, determined on a case by case basis. See 3BB of the Imports and Exports (Restrictions) Act 1988 for the matters on which the EPA may impose conditions to address.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
Amount or rate?
Is it 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?
No additional reasons as to why a request would be refused.
Are the reasons for any refusal given to applicants?
The ability for the EPA to refuse to issue a permit is set under 3BC of the Imports and Exports (Restrictions) Act 1988. The EPA can refuse to grant a permit if the Authority is satisfied that:
(a) The person who applied for the permit has been convicted of an offence against this Act or an offence involving a convention chemical or waste; or
(b) The information provided by the person to the Authority is incorrect.
Have applicants a right of appeal in the event of refusal to issue a licence?
Judicial review of a decision is the only course of appeal.
If so, to what bodies and under what procedures?
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?
A permit is issued by the Environmental Protection Authority containing a permit number.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The permit holder must provide movement forms that record the movement of the hazardous waste allowed for import or export on their permit at various stages during the life of the permit. This is covered by a condition on the permit issued by the EPA.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of a license is up to twelve months.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
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.