Document ID: chunk:federal_register_of_legislation:F2024C00981:reg:23
Version: federal_register_of_legislation:F2024C00981
Segment Type: reg
Provision Reference: reg 23
Character Range: 32413–34596

23  Grant of special import permit
 (1) Before granting or refusing a special import permit, the Minister must consider whether the waste to which the relevant import proposal relates should be dealt with in a way other than the way set out in the proposal.
 (2) In considering whether the waste should be dealt with in another way, the Minister must have regard to Australia's international obligations in relation to the international movement of hazardous waste (for example, obligations under the Basel Convention and the OECD Decision).
 (3) The Minister must not grant the permit, unless:
 (a) the Minister is satisfied that the application for the permit is permitted by regulation 9 to be made; and
 (b) the Minister is satisfied that dealing with the hazardous waste concerned in accordance with the import proposal would be consistent with the environmentally sound management of the waste; and
 (c) the Minister is satisfied that the waste will undergo a recovery operation in Australia at a recovery facility that is permitted under Australian law to carry out recovery operations on waste of that type; and
 (d) having regard to Chapter II, Section D (1) (a) of the OECD Decision, (concerning written contracts covering the movement of wastes), the Minister is satisfied that it is appropriate to grant the permit; and
 (e) the Minister is satisfied that the waste will be transported in a way that is consistent with the environmentally sound management of the waste; and
 (f) the Minister is satisfied that the applicant:
 (i) is a suitable person to be granted the permit; and
 (ii) has appropriate insurance; and
 (g) the Minister has taken into account any relevant public comments received in response to an invitation under paragraph 33(1)(aa) of the Act about the application for the permit (or any notice relating to that application).
 (4) The Minister may refuse to grant the permit if the Minister considers that it is in the public interest to do so.
 (5) For subparagraph (3) (f) (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.