Hazardous waste
- Document symbol
- G/LIC/N/3/AUS/16
- Original language
- English
- Published on
- 27/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The import, export and transit of hazardous waste is regulated under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Hazardous Waste 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) Control System for waste recovery established by the 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
- the Timor-Leste Regulations (Hazardous Waste (Regulation of Exports and Imports) (Imports from the Democratic Republic of Timor-Leste) Regulations 2003), a bilateral arrangement between Australia and Timor‑Leste.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The Hazardous Waste 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.
Q3. The system applies to goods originating in and coming from which countries?
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 Timor-Leste to Australia.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The Hazardous Waste 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 Timor-Leste allows the import of hazardous waste from Timor-Leste to Australia following similar procedures to that established under the Basel Convention.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
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. It is not possible to abolish the system without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The Hazardous Waste Act and regulations require that a permit be obtained before hazardous waste is exported from, imported into, or transited through, Australia. All applications are assessed according to the relevant sections of 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.
Q7.b. 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.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Consideration of a permit application is undertaken by the Department of Climate Change, Energy, the Environment and Water (DCCEEW). 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.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
A permit application may be refused on various grounds under the Hazardous Waste 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.
A statement of reasons for the Minister for the Environment or their delegate's refusal of a permit is given to applicants. Applicants refused permission to export may appeal to the Administrative Appeals Tribunal on the merits of the decision. Alternatively, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Any person, firm or institution may apply for a permit.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
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 Environment 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: https://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;
- the method of transportation, ports of entry and exit; and
- the method of disposal and the details of the facility that is receiving the
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.
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.
Q11. What documents are required upon actual importation?
The permit and a completed Movement/Tracking Form are required.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The application fees and levy that apply to the lodgement of permit applications are specified in the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990. All permit application fees (including the levy) are non-refundable. Permit application fees can be found at: https://www.dcceew.gov.au/environment/protection/hazardous-waste/permits#permit-application-fees.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
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). The fee is not refundable. Permit application fees can be found at: https://www.dcceew.gov.au/environment/protection/hazardous-waste/permits#permit-application-fees.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Under the Basel Convention, the 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-consented facilities.
Q15. 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 a permit or a portion of that permit.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits/licences are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
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.
Other Procedural Requirements
Q18. 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 licences.