Commonwealth Numbered Regulations - Explanatory Statements

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HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) (FEES) REGULATIONS(AMENDMENT) 1996 NO. 285

Statutory Rules 1996 No. 285

Issued by the Authority of the Minister for Environment

Hazardous Waste (Regulation of Exports and Imports) Act 1989

Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations (Amendment)

Section 62 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 4 of the Acts Interpretation Act 1901 provides for the exercise of statutory powers between passing and commencement of the Act. The Hazardous Waste (Regulation of Exports and Imports) Amendment Act 1996 will amend the Act and is due to commence on 12 December 1996.

Section 32 of the Act states that regulations may prescribe fees, not exceeding $8,000, to be paid in relation to applications and notices given to the Minister under the Act or under regulations under the Act, for proposed exports, imports or transits of hazardous wastes. The fees must be reasonably related to the expenses incurred or to be incurred by the Commonwealth.

Existing fees are prescribed in the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990. As a result of changes made in the Hazardous Waste (Regulation of Exports and Imports) Amendment Act 1996, the time required to process many permits will be much reduced a id the existing fees will no longer be reasonably related to expenses (which means most fees will be reduced accordingly).

The purpose of the Regulations is to give effect to amendments which will prescribe fees for applications and notices which are required for proposed exports, imports or transits of hazardous wastes, and which are reasonably related to the expenses incurred or to be incurred by the Commonwealth.

Details of the Regulations are as follows.

Regulation 1 provides that the Regulations commence on 12 December 1996.

Regulation 2 provides for the amendment of the existing Regulations.

Regulation 3 omits Regulation 2 of the current Regulations and substitutes new Regulation 2 which provides interpretations for key words and phrases used in the Regulations.

Regulation omits the schedule in Regulation 3 of the current Regulations and substitutes a new schedule which prescribes the fees applicable to applications and notices for proposed exports, import, or transits of hazardous wastes.