Document ID: chunk:federal_register_of_legislation:C2021A00073:clause:4_33g
Version: federal_register_of_legislation:C2021A00073
Segment Type: clause
Provision Reference: sch 4 cl 33G
Character Range: 85369–87670

33G  Notice that transit permit not required
 (1) The Minister may notify a person, in writing, that the person does not require a transit permit for a transit proposal if the Minister is satisfied:
 (a) that carrying out the transit proposal is in connection with the movement of hazardous waste from one OECD country to another OECD country; and
 (b) that the hazardous waste is destined for recovery operations; and
 (c) that carrying out the transit proposal will not pose a significant risk of injury or damage to human beings or the environment; and
 (d) of any other matters prescribed by the regulations for the purposes of this paragraph; and
 (e) of any other matters the Minister considers relevant.
 (2) Even if the Minister is satisfied as mentioned in subsection (1), the Minister may decide not to give a notification under that subsection 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 notification. 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.
 (3) The Minister must, as soon as practicable after giving a notification under subsection (1), cause to be published, on the Department's website, particulars of the notification.
 (4) The Minister may, by notifying a person in writing, revoke a notification of the person under subsection (1) for a transit proposal if the Minister:
 (a) is no longer satisfied of the matters in paragraphs (1)(a) to (d) in relation to the transit proposal and the person; or
 (b) is satisfied that the person is failing, or has failed after the notice was given, to provide, or to arrange to provide, an auditor with assistance that is reasonably necessary for the conduct of an audit.
 (5) However, a revocation of a notification only applies to the carrying out of a transit proposal if the carrying out of the transit proposal has yet to begin.

Division 4—Regulation of sale of hazardous waste