Document ID: chunk:federal_register_of_legislation:F2022C00112:schedule:1:p1
Version: federal_register_of_legislation:F2022C00112
Segment Type: schedule
Provision Reference: sch 1 (pt 1/5)
Character Range: 4821–7787

Schedule 1—Bilateral arrangement between Australia and the Democratic Republic of East Timor (Timor‑Leste)
(regulation 5)

Text of Australian Government note 36/2002 of 31 October 2002

The Australian Embassy to the Democratic Republic of East Timor presents its compliments to the Ministry for Foreign Affairs and Cooperation of the Democratic Republic of East Timor and has the honour to refer to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, done at Basel on 22 March 1989 ('the Basel Convention').

The Australian Embassy has the further honour to advise the Ministry for Foreign Affairs and Cooperation that, by virtue of Article 4, paragraph 5 and Article 11 of the Basel Convention, Australia, as a party to the Basel Convention, may only import hazardous wastes or other wastes from a non‑party pursuant to an arrangement with that non‑Party that does not derogate from the environmentally sound management of hazardous wastes and other wastes as required by the Basel Convention.

The Australian Embassy has the honour to propose that, until such time as the Democratic Republic of East Timor may become a Party to the Basel Convention, the importation to Australia of hazardous wastes from the Democratic Republic of East Timor be pursuant to the following arrangements:

    1. Transboundary movements of hazardous waste between Australia and the Democratic Republic of East Timor (hereinafter referred to as 'the parties') will be regulated by any relevant national legislation in force in the two states.

    2. The competent authority in Australia is Environment Australia.  The relevant national legislation in Australia is the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

    3. Environment Australia is responsible for receiving the notification of a transboundary movement of hazardous wastes, and any information related to it, and for responding to such a notification, as provided in national legislation.  Environment Australia will immediately notify East Timor of any amendment to its legislation.

    4. An export of hazardous waste from the Democratic Republic of East Timor to Australia may not take place until the shipment concerned is granted an import permit issued by the Australian Government.

    5. All arrangements in relation to the import of hazardous waste into Australia must not derogate from the environmentally sound management of hazardous wastes, as required by the Basel Convention.

The Australian Embassy has the further honour to propose that, if the foregoing is acceptable to the government of the Democratic Republic of East Timor, then this note, and the Ministry of Foreign Affairs and Cooperation's note in reply to that effect, will together constitute an arrangement between the Government of Australia and the Government of the Democratic Republic of East Timor concerning the transboundary movement of hazardous wastes