Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p17
Version: federal_register_of_legislation:F2024C01037
Segment Type: other
Provision Reference: 
Character Range: 43561–46461

the relevant item in Schedule 1 states that the chemical is subject to a notification of final regulatory action by Australia under Article 5 of the Rotterdam Convention.
 (2) An application for permission to export a chemical to which this regulation applies must, in addition to the information required under regulation 3.215, include the following information:
 (a) expected date of export;
 (b) category (pesticide or industrial use) under which the chemical is being exported;
 (c) the name and address of the importer;
 (d) precautionary measures to reduce exposure to, and emission of, the chemical;
 (e) in the case of a mixture or preparation, the concentration of the prescribed active constituent or constituents.
Note  The above information forms part of the export notification required under Article 12 of the Rotterdam Convention.

3.225  When permission must be granted
 (1) An authorised officer must grant an application for permission to export an export‑prohibited chemical if:
 (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; and
 (b) the export is to a non‑party to that Convention.
 (2) An authorised officer must grant an application for permission to export research mercury if the export is to a non‑party to the Rotterdam Convention.

3.230  When permission may be granted

Export‑prohibited chemicals specified in Schedule 1—Stockholm Convention
 (1) An authorised officer may grant an application for permission to export an export‑prohibited chemical whose export is stated in an item in Schedule 1 to be prohibited except with written permission under paragraph 3.230(1)(a), (b) or (c) if the officer is satisfied that the export is:
 (a) for the purpose of environmentally sound disposal in accordance with paragraph (1)(d) of Article 6 of the Stockholm Convention; or
 (b) to a party that is permitted to use the chemical under Annex A or B of the Stockholm Convention; or
 (c) to a State not Party to the Stockholm Convention (within the meaning of paragraph 2 of Article 3 of that Convention) that has provided an annual certification to Australia in accordance with that paragraph.
Note 1: The export of an active constituent or chemical product for the purpose of environmentally sound disposal must also comply with the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and any regulations made under that Act.
Note 2: Under paragraph 2(b)(iii) of Article 3 of the Stockholm Convention, the annual certification of a non‑party must:
(a) specify the intended use of the chemical; and
(b) include a statement that, with respect to that chemical, the importing State is committed to:
                 (i) protect human health and the environment by taking the necessary measures to minimize or prevent releases;
                 (ii) comply with the provisions of paragraph