Document ID: chunk:federal_register_of_legislation:C2024C00489:section:4b
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 4B
Character Range: 27733–29521

4B  Transit proposals
 (1) This section sets out the proposals that are transit proposals for the purposes of this Act.
Note: Australia does not include Australian waters (see section 4).

Transit proposal
 (2) A proposal:
 (a) to bring hazardous waste into Australia (whether or not by way of import); and
 (b) to take the waste out of Australia within 30 days;
is a transit proposal so long as it is not proposed to dispose of the waste in Australia.

Extension of time for carrying out proposal
 (3) If the Minister is satisfied that there are special circumstances relating to a particular proposal, the Minister may, by writing, declare that subsection (2) applies to the proposal as if a reference in that subsection to 30 days were a reference to such longer period as is specified in the declaration.

Declaration has effect accordingly
 (4) The declaration has effect accordingly.

Notification of decision
 (5) If the Minister decides to make, or not to make, a declaration under this section about a person's proposal, the Minister must give the person a written notification of the decision.

Gazettal of declaration
 (6) If the Minister makes a declaration under this section, the Minister must arrange for a copy of the declaration to be published in the Gazette.

Deemed export
 (7) For the purposes of this Act, if hazardous waste is taken out of Australia in the course of carrying out a transit proposal, the taking of the waste out of Australia is to be treated as the export of the waste.

Definitions
 (8) In this section:
dispose of does not include store.
take waste out of Australia means take waste out of Australia for the purpose of importing the waste into a foreign country (whether or not the waste will be transported through any other foreign countries).