Hazardous wastes
- Document symbol
- G/LIC/N/3/NZL/10
- Original language
- English
- Published on
- 08/11/2023
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.
Imports of waste classified as plastic waste, hazardous waste, or waste 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 the OECD Decision C(2001)107/Final on the Control of Transboundary Movements of Wastes Destined for Recovery Operations.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Imports of waste classified as plastic waste, hazardous waste, or waste coming from households under the Imports and Exports (Restrictions) Prohibition Order (No. 2) 2004
Q3. The system applies to goods originating in and coming from which countries?
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.
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 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.
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?
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.
"waste" and "hazardous waste" are defined in the Order.
It is not possible for the government (or the executive branch) 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)?
No set time limit, depends on timing of commercial arrangements. No ability to fast track a licence.
Q7.b. Can a licence be granted immediately on request?
No.
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?
Yes - one single administrative organ.
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?
No additional reasons as to why a request would be refused. Judicial review of a decision is the only course of appeal.
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.
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?
All persons, firms and institutions are eligible to apply.
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?
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-waste/importing-hazardous-waste/
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.
Q11. What documents are required upon actual importation?
A permit is issued by the Environmental Protection Authority containing a permit number.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The period of validity of a license is up to 12 months.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
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?
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.
Other Procedural Requirements
Q18. 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.