Document ID: chunk:federal_register_of_legislation:C2024C00489:section:4a
Version: federal_register_of_legislation:C2024C00489
Segment Type: section
Provision Reference: s 4A
Character Range: 25588–27733

4A  Exports and transits to foreign countries—extended meaning of hazardous waste

When this section has effect
 (1) This section has effect for the purposes of the application of this Act:
 (a) to the export or proposed export of a substance or object to a particular foreign country; or
 (b) to, or to the carrying out of, a transit proposal that involves the export of a substance or object to a particular foreign country.

Declaration extending the meaning of hazardous waste—classification under foreign laws
 (2) If:
 (a) the foreign country is a party to the Basel Convention; and
 (b) the Minister is satisfied that, under a law of that country that gives effect to the Basel Convention, a particular substance or object is, in particular circumstances, classified as hazardous waste; and
 (c) apart from this section, the waste is not hazardous waste;
the Minister must, by writing, declare that that substance or object is, in those circumstances, hazardous waste for those purposes.

Declaration extending the meaning of hazardous waste—waste collected from households
 (3) If:
 (a) the Minister is satisfied that the foreign country classifies particular waste collected from households as hazardous waste; and
 (b) apart from this section, the waste is not hazardous waste;
the Minister must, by writing, declare that that waste is hazardous waste for those purposes.

Declaration has effect accordingly
 (4) A declaration under this section has effect accordingly.

Revocation of subsection (2) declaration
 (5) If:
 (a) a declaration is in force under subsection (2); and
 (b) the Minister ceases to be satisfied of the matter referred to in paragraph (2)(b);
the Minister must revoke the declaration.

Revocation of subsection (3) declaration
 (6) If:
 (a) a declaration is in force under subsection (3); and
 (b) the Minister ceases to be satisfied of the matter referred to in paragraph (3)(a);
the Minister must revoke the declaration.

Gazettal of declaration
 (7) If a declaration under this section is made or revoked, the Minister must arrange for a copy of the declaration or revocation to be published in the Gazette.