Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"Antarctica" means the area south of 60 ° South Latitude, including all ice shelves in that area.
"application day" , in relation to a permit application or variation application, means:
(a) the day on which the Minister receives the application; or
(b) if the Minister gives the applicant a notice under section 15 or 28 in relation to the application--the day on which the notice is complied with.
Article 11 arrangement has the meaning given by section 4C.
"Australia" includes the external Territories.
"Australian aircraft" means an aircraft:
(a) that is owned or operated by:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or a State or Territory; or
(b) that is registered, or required to be registered, in Australia.
"Australian platform" means a platform:
(a) that is fixed to:
(i) the seabed or subsoil beneath Australian waters; or
(ii) the continental shelf of Australia; or
(b) that is otherwise operating in:
(i) Australian waters; or
(ii) a part of the sea above the continental shelf of Australia.
"Australian vessel" means a vessel:
(a) that is owned or operated by:
(i) the Commonwealth or a State or Territory; or
(ii) an authority of the Commonwealth or a State or Territory; or
(b) that is registered, or required to be registered, in Australia.
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or Territory.
"Basel Convention" means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (a copy of the English text of which is set out in the Schedule).
"Basel export permit" means a permit under section 17 permitting the export of hazardous waste.
"Basel import permit" means a permit under section 17 permitting the import of hazardous waste.
(a) a Basel export permit; or
(b) a Basel import permit; or
(c) a Basel transit permit.
"Basel transit permit " means a permit under section 17A permitting the carrying out of one or more transit proposals relating to hazardous waste.
"competent authority" , in relation to a foreign country, means:
(a) if the country is a party to the Basel Convention--the competent authority of the country within the meaning of the Basel Convention; and
(b) otherwise--a person or organisation that officially represents the country.
Note: The operation of this definition is modified in relation to colonies etc. by section 4D.
"Court" means the Federal Court of Australia.
"deal with" , in relation to hazardous waste, includes dispose of.
"disposal " means an operation specified in Annex IV to the Basel Convention.
"environmentally sound managemen t" , in relation to hazardous waste, has the meaning given by section 4E.
"export" means export from Australia.
(a) a Basel export permit; or
(b) a special export permit.
"export proposal" means a proposal to export hazardous waste and to deal with it outside Australia.
"foreign country " includes:
(a) a colony, overseas territory, overseas province or protectorate of a foreign country; and
(b) a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; and
(c) a territory outside Australia that is to some extent self‑governing, but that is not recognised as an independent sovereign state by Australia.
(a) waste prescribed by the regulations, where the waste has any of the characteristics mentioned in Annex III to the Basel Convention; or
(b) wastes covered by paragraph 1(a) of Article 1 of the Basel Convention; or
(c) household waste; or
(d) residues arising from the incineration of household waste;
but does not include wastes covered by paragraph 4 of Article 1 of the Basel Convention.
Note 1: Section 4A provides for an extended meaning of hazardous waste . The extended meaning relates to the following matters:
(a) a case where a foreign country has classified a particular substance or object as hazardous waste;
(b) a case where a foreign country has classified waste collected from households as hazardous waste.
Note 2: Section 4F provides for an extended meaning of hazardous waste . The extended meaning relates to substances or objects subject to notification or control under Article 11 arrangements.
Note 3: Section 4G provides for exclusions from the definition of hazardous waste . The exclusions relate to substances or objects not subject to notification or control under Article 11 arrangements.
Note 4: Before regulations are made for the purposes of paragraph (a) of the definition of hazardous waste , the Minister must consult the Hazardous Waste Technical Group: see section 58D.
"Hazardous Waste Technical Group " means the Hazardous Waste Technical Group established under section 58E.
"holder" , in relation to a Basel permit or a special permit, means the person to whom the permit was granted.
"household waste " means waste collected from households, but does not include waste specified in the regulations.
"identity card" means an identity card issued under section 43.
"import" means import into Australia.
(a) a Basel import permit; or
(b) a special import permit.
"import proposal " means a proposal to import hazardous waste and to deal with it in Australia.
"inspector" means a person appointed under section 42 as an inspector.
offence against a provision of Part 4 has the extended meaning given by paragraph 8(b).
"offence against this Act" has the extended meaning given by paragraph 8(a).
"officer of Customs" has the same meaning as in the Customs Act 1901 .
"original export proposal" , in relation to a variation application relating to a Basel export permit, means an export proposal in relation to which the permit was granted, as affected by any variation of the permit that has already been made.
"original import proposal" , in relation to a variation application relating to a Basel import permit, means an import proposal in relation to which the permit was granted, as affected by any variation of the permit that has already been made.
"original transit proposal" , in relation to a variation application relating to a Basel transit permit, means a transit proposal in relation to which the permit was granted, as affected by any variation of the permit that has already been made.
"permit application" means an application for a Basel permit.
"permit condition" means a condition specified in:
(a) a Basel permit under section 22; or
(b) a notice under section 26 varying a Basel permit; or
(c) a special permit; or
(d) a notice under a set of Article 11 regulations varying a special permit.
"platform" includes any structure at sea (whether or not fixed), but does not include a vessel.
"premises" includes any place (whether or not enclosed or built on).
"relevant authority" , in relation to a searchable place, means:
(a) in the case of premises in Australia--the occupier of the premises; and
(b) in any other case--the person in command or control, or who appears to be in command or control, of the place.
(b) an aircraft, vehicle or vessel within Australian jurisdiction; or
(c) an Australian aircraft; or
(d) an Australian platform; or
(e) an Australian vessel.
set of Article 11 regulations has the meaning given by section 13C.
"special export permit " means a permit under a set of Article 11 regulations permitting the export of hazardous waste.
"special import permit " means a permit under a set of Article 11 regulations permitting the import of hazardous waste.
"special permit " means:
(a) a special export permit; or
(b) a special import permit; or
(c) a special transit permit.
"special transit permit " means a permit under a set of Article 11 regulations permitting the carrying out of one or more transit proposals relating to hazardous waste.
"this Act" includes the regulations.
"transit permit " means:
(a) a Basel transit permit; or
(b) a special transit permit.
"transit proposal " has the meaning given by section 4B.
"variation" , in relation to a Basel permit, includes a variation of the permit conditions imposed on the permit.
"variation application" means an application under section 27 for the variation of a Basel permit.
"varied export proposal" , in relation to a variation application relating to a Basel export permit, means the original export proposal, as proposed to be affected by the proposed variation.
"varied import proposal" , in relation to a variation application relating to a Basel import permit, means the original import proposal, as proposed to be affected by the proposed variation.
"varied transit proposal" , in relation to a variation application relating to a Basel transit permit, means the original transit proposal, as proposed to be affected by the proposed variation.
"vessel" means anything capable of carrying persons or goods through or on water, and includes an air-cushion vehicle or similar craft.
"waste " means a substance or object that:
(a) is proposed to be disposed of; or
(b) is disposed of; or
(c) is required by a law of the Commonwealth, a State or a Territory to be disposed of.
Note: Disposed of has a meaning corresponding to the meaning of disposal . See the definition of disposal .
"within Australian jurisdiction" means within or over Australia or Australian waters.
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