Document ID: chunk:federal_register_of_legislation:F2021L01482:reg:8
Version: federal_register_of_legislation:F2021L01482
Segment Type: reg
Provision Reference: reg 8
Character Range: 9037–11309

8  Deciding whether to grant a waste tyres export licence—regulated waste tyres other than tyres for retreading or re‑use and tyre derived fuel
 (1) For the purposes of paragraph 34(2)(f) of the Act, this section prescribes other matters to which the Minister must have regard in deciding whether to grant a waste tyres export licence in relation to a kind of regulated waste tyres other than:
 (a) tyres intended for retreading (see section 9 of this instrument); or
 (b) tyres intended for re‑use (see section 10 of this instrument); or
 (c) regulated tyre derived fuel (see section 11 of this instrument).
 (2) The matters are the following:
 (a) the intended use of the waste tyres in the place to which the tyres are intended to be exported;
 (b) whether the waste tyre specification nominated for the tyres in the application is appropriate for the intended use of the tyres in the place to which the tyres are intended to be exported;
 (c) if the nominated specification is not a listed waste tyre specification:
 (i) the thresholds for contaminants in the specification; and
 (ii) any packaging requirements in the specification; and
 (iii) any size requirements in the specification, and whether processing tyres in accordance with the specification will result in pieces with dimensions of not more than 150 millimetres; and
 (iv) whether tyres processed in accordance with the specification will be shred or processed into rubber crumb, granules or buffings;
 (d) whether the applicant has applied for, is the holder of, or has been refused, an export permit relating to the kind of waste tyres (as hazardous waste);
 (e) whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the Act (revocation by Minister);
 (f) whether the Minister is reasonably satisfied that a condition of an export permit held at any time by the applicant in relation to any hazardous waste has been, or is being, contravened.
Note: Other matters to which the Minister must have regard are specified in paragraphs 34(2)(a) to (e) of the Act. The Minister may also have regard to any other matter that the Minister considers relevant (see subsection 34(3) of the Act).