Document ID: chunk:federal_register_of_legislation:F2021L00625:reg:8:p1
Version: federal_register_of_legislation:F2021L00625
Segment Type: reg
Provision Reference: reg 8 (pt 1/2)
Character Range: 10115–12877

8  Deciding whether to grant a waste plastic export licence—waste plastic other than processed engineered fuel
 (1) For the purposes of paragraph 34(2)(f) of the Act, this section prescribes matters to which the Minister must have regard in deciding whether to grant a waste plastic export licence in relation to regulated waste plastic, other than regulated waste plastic that is processed engineered fuel (see section 9).
 (2) The matters are the following:
 (a) the intended use of the plastic in the place to which the plastic is intended to be exported;
 (b) whether the nominated specification for the plastic is appropriate for the intended use of the plastic in the place to which the plastic is intended to be exported;
 (c) if the nominated specification is not a listed waste plastic specification:
 (i) the plastic polymer or resin type covered by the specification; and
 (ii) the thresholds for contaminants in the specification, including whether the specification includes any requirements for the plastic to be almost free from contamination and other types of wastes (see subsection (3)); and
 (iii) any packaging requirements in the specification; and
 (iv) any colour requirements in the specification;
 (d) if the nominated specification is not a listed waste plastic specification, and the plastic is intended for export on or after 1 July 2022:
 (i) the physical form of the processed plastic required by the specification; and
 (ii) whether that physical form is appropriate for the intended use of the plastic in the place to which the plastic is intended to be exported; and
 (iii) whether plastic processed in accordance with the specification is capable of remanufacture without further processing;
 (e) whether the applicant has applied for, is the holder of, or has been refused, an export permit relating to any hazardous waste;
 (f) whether the applicant has been the holder of an export licence, relating to any regulated waste material, that has been revoked under Division 2 of Part 8 of Chapter 2 of the Act (revocation by Minister);
 (g) 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, breached.
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).
 (3) For the purposes of subparagraph (2)(c)(ii), almost free from contamination and other types of wastes has the same meaning as in Annex II to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as amended and