Document ID: chunk:federal_register_of_legislation:C2024C00489:section:17:p2
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 17 (pt 2/2)
Character Range: 58087–60130

the hazardous waste could be dealt with; and
 (b) dealing with the waste in the other way would not pose a significant risk of injury or damage to human beings or the environment; and
 (c) having regard to Australia's international obligations, the waste should be dealt with in the other way rather than in accordance with the import proposals or export proposals.
 (5) The Minister may decide not to grant the permit if the permit sought is a Basel export permit and the Minister thinks that:
 (a) the hazardous waste could be disposed of safely and efficiently by using a facility in Australia; and
 (aa) such a disposal would be consistent with the environmentally sound management of the waste; and
 (b) 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 in accordance with the export proposals.
 (5A) The Minister may decide not to grant the permit if the applicant has previously failed to provide, or to arrange to provide, an auditor with assistance that is reasonably necessary for the conduct of an audit.
Note 1: For the requirement to provide an auditor with assistance that is reasonably necessary for the conduct of an audit, see section 54.
Note 2: The audit need not relate to a permit. Assistance may be requested in relation to any audit of operations covered by a permit, an order under Part 3, a notification given under subsection 33G(1), or other prescribed operations: see section 50.
 (6) The Minister must not grant a Basel export permit or a Basel import permit if the Minister is satisfied that the grant could result in hazardous waste being brought into Antarctica.
 (7) The Minister must not grant a Basel export permit authorising the export of hazardous waste to a foreign country that is not a party to the Basel Convention.
 (8) The Minister must not grant a Basel import permit authorising the import of hazardous waste from a foreign country that is not a party to the Basel Convention.