Commonwealth Numbered Acts

HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989 No. 6 of 1990 - SECT 4

4. In this Act, unless the contrary intention appears:

"Antarctica" means the area south of 60 degrees 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;

"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;

"Australian waters" means:

   (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;

"Court" means the Federal Court of Australia;

"dispose of safely", in relation to hazardous waste, has the meaning given by
section 5;

"export" means export from Australia;

"export permit" means a permit under section 17 permitting the export of
hazardous waste;

"export proposal" means a proposal to export hazardous waste and to dispose of
it safely outside Australia;

"hazardous waste" means:

   (a)  waste that has any of the characteristics mentioned in Annex III to
        the Basel Convention (a copy of the English text of which annex is set
        out in the Schedule); or

   (b)  wastes that belong to any category contained in Annex I to the Basel
        Convention (a copy of the English text of which annex is set out in
        the Schedule), unless they do not possess any of the characteristics
        contained in Annex III to that Convention; or

   (c)  household waste; or

   (d)  residues arising from the incineration of household waste;

"holder", in relation to a statutory permit, means the person to whom the
permit was granted;

"household waste" does not include anything that is intended, by the person
who has possession of it, to be re-used, regenerated or recycled;

"identity card" means an identity card issued under section 43;

"import" means import into Australia;

"import permit" means a permit under section 17 permitting the import of
hazardous waste;

"import proposal" means a proposal to import hazardous waste and:

   (a)  to dispose of it safely in Australia; or

   (b)  to export it (whether or not in the same form as when imported) and
        dispose of it safely outside 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
an export permit, means the 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
an import permit, means the import 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 statutory permit;

"permit condition" means a condition specified in:

   (a)  a statutory permit under section 22; or

   (b)  a notice under section 26 varying a statutory 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;

"searchable place" means:

   (a)  premises in Australia; or

   (b)  an aircraft, vehicle or vessel within Australian jurisdiction; or

   (c)  an Australian aircraft; or

   (d)  an Australian platform; or

   (e)  an Australian vessel;

"statutory permit" means an export permit or import permit;

"this Act" includes the regulations;

"variation", in relation to a statutory 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 statutory permit;

"varied export proposal", in relation to a variation application relating to
an 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
an import permit, means the original import 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" includes anything that has been rejected as worthless by a person who
has or had possession of it (whether or not someone else may regard it as
having some value);

"within Australian jurisdiction" means within or over Australia or
Australian waters.