Document ID: chunk:federal_register_of_legislation:F2024C00981:reg:16:p2
Version: federal_register_of_legislation:F2024C00981
Segment Type: reg
Provision Reference: reg 16 (pt 2/2)
Character Range: 26066–27821

in Australia; and
 (b) such a disposal would be consistent with the environmentally sound management of the waste; and
 (c) having regard to the desirability of using facilities in Australia for the disposal of hazardous waste, the waste should be disposed of by using that facility rather than according to the export proposal.
 (5) For paragraph (1) (c), if the waste proposed to be exported is waste subject to the amber control procedure, the competent authority of the importing country is taken to have given written consent to the grant of the permit if:
 (a) the country has acknowledged receipt of the notice mentioned in subregulation 12 (4); and
 (b) for waste that is proposed to be sent:
 (i) to a pre‑consented recovery facility—no objection is received within 7 days of that acknowledgement; or
 (ii) in any other case—no objection is received within 30 days of that acknowledgement.
 (5A) For paragraph (5) (b), no objection is received means that no written objection to the export proposal from the importing country or a transit country is received by the exporting country or, if an objection of that type has been received, it has been withdrawn within the time allowed.
 (6) A consent that, under subregulation (5), is taken to have been given to the grant of a permit has effect for the export proposal commencing on the day after the date of the acknowledgement mentioned in paragraph (5) (a) and ending:
 (a) for export to a pre‑consented facility—3 years and 7 days later; or
 (b) in any other case—1 year and 30 days later.
 (7) For subparagraph (1) (h) (i), the Minister must consider:
 (a) the applicant's financial viability; and
 (b) the applicant's previous record on environmental matters; and
 (c) other relevant matters.