Bills Digest no. 57, 2016–17
PDF version [592KB]
Paul Davidson
Economics Section
3 February 2017
Contents
Purpose of the Bills
Structure of the Bills
Background
Committee consideration
Selection of Bills Committee
Senate Standing Committee for the
Scrutiny of Bills
Policy position of non-government
parties/independents
Financial implications
Statement of Compatibility with Human
Rights
Parliamentary Joint Committee on
Human Rights
Key issues and provisions of the
Amendment Bill
Schedule 1—Amendments
Part 1—Main amendments
Amendments relating to the Basel
Convention
Amendments relating to Basel export
permits
Amendments relating to the transit of
hazardous waste from one OECD country to another OECD country
Amendments relating to the setting of
fees
Other amendments
Part 2—Levy amendments
Key issues and provisions of the Levy
Bill
Part 1—Preliminary
Part 2—Levy on hazardous waste permit
applications
Amount of levy
Date introduced: 24
November 2016
House: House of
Representatives
Portfolio: Environment
and Energy
Commencement: Part
1 of Schedule 1 to the Amendment Bill will commence the day after the Act
receives Royal Assent. Part 2 of Schedule 1 will commence on the later of
1 July 2017 and the day after the Act receives Royal Assent.
The operative provisions of the Levy Bill are
scheduled to commence on the later of 1 July 2017 and the day after the
Act receives Royal Assent.
Links: The links to the
Bills, their Explanatory Memoranda and second reading speeches can be found
on the homepages for the Hazardous
Waste (Regulation of Exports and Imports) Amendment Bill 2016 and the Hazardous
Waste (Regulation of Exports and Imports) Levy Bill 2016, or through the Australian
Parliament website.
When Bills have been passed and have received Royal Assent,
they become Acts, which can be found at the Federal Register of Legislation
website.
All hyperlinks in this Bills Digest are correct as
at February 2017.
Purpose of the Bills
The purpose of the Hazardous
Waste (Regulation of Exports and Imports) Amendment Bill 2016 (Cth)[1]
(the Amendment Bill) is to amend the Hazardous Waste
(Regulation of Exports and Imports) Act 1989 (Cth) (the Act) to:
- move
to full cost recovery under the hazardous waste permit scheme by removing the
$8,000 cap on fees for permit applications, enabling the indexation of fees and
allowing for an application levy and
- make
changes aimed at improving the efficiency of the hazardous waste permit processes,
for example, by removing the requirement to specify a place of export in Basel
export permits and simplifying arrangements relating to the transit of
hazardous waste from one Organisation for Economic Co-operation and Development
(OECD) country to another OECD country.
The purpose of the Hazardous
Waste (Regulation of Exports and Imports) Levy Bill 2016 (Cth)[2]
(the Levy Bill) is to set and index a levy for certain hazardous waste permit
applications.
Structure
of the Bills
The Amendment Bill comprises one Schedule with two Parts:
- Part
1 contains the main amendments to the Act:
- items
1–2 and 15–17 remove the text of the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal
- items
4 and 5 amend requirements relating to Basel export permits
- items
3 and 10–12 provide amendments relating to the transit of hazardous waste
from one OECD country to another OECD country
- items
6 and 7 provide amendments relating to the setting and indexation of fees
- items
8–9, and 13–14 and 18 relate to publication requirements, delegations and
the application of the amendments
- Part
2 (items 19 and 20) provides the amendments necessary for the Levy Bill
to have effect.
The Levy Bill contains two Parts:
- Part
1 (clauses 1–6) provides preliminary information to the proposed Act and
- Part
2 (clauses 7–10) imposes a levy on hazardous waste permit applications
and specifies a levy amount and a process of indexation that will apply
annually to the amount of the levy.
Background
The Act regulates the transboundary movement of hazardous
waste, that is, the import, export and transit of hazardous waste between
countries. The purpose of regulating the movement of hazardous waste is to ensure
that exported, imported or transited hazardous waste is managed in an
environmentally sound manner so that human beings and the environment are
protected from the harmful effects of such waste.[3]
The Act implements Australia’s obligations under the Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and their Disposal
(the Basel Convention).[4]
A number of amendments proposed in the Amendment Bill and
the Levy Bill aim to provide for full cost recovery for the administration of
the scheme regulating transboundary movement of hazardous waste. Cost recovery
is a regulatory system whereby the industry that benefits from regulation is
required to pay for parts of the regulatory system’s upkeep. The Australian
Government has produced a Charging Framework which outlines the principles of
cost recovery and its potential application to certain regulatory activities.[5]
Many of the provisions in the Amendment Bill are similar
to provisions in the Omnibus
Repeal Day (Spring 2014) Bill 2014[6]
(Omnibus Bill), which was introduced in the 44th Parliament, but lapsed with
prorogation of Parliament on 15 April 2016. In particular, Part 4 of
Schedule 3 of the Omnibus Bill proposed to:
- remove
the text of the Basel Convention from the Act[7]
- remove
the requirement for a transit permit in certain circumstances where hazardous
waste transits through Australia from one OECD country to another OECD country[8]
- amend
the requirements for Basel export permits for final disposal[9]
- permit
the Minister to delegate their functions and powers to Executive Level 2
officers in the Department of Environment and Energy[10]
and
- remove
the requirement to publish certain information in the Gazette, and
instead allow that information to be published on the Department of the
Environment and Energy website.[11]
The Omnibus Bill also proposed changes to the matters that
must be specified in Basel permits.[12]
However, the Amendment Bill contains slightly different changes compared to the
Omnibus Bill. This is discussed further in the ‘key issues and provisions’
section later in this Digest. The Omnibus Bill also proposed to introduce a
three year time limit on each term of appointment of members of the Hazardous
Waste Technical Group.[13]
This proposal has not been replicated in this Amendment Bill.
Committee
consideration
Selection
of Bills Committee
The Selection of Bills Committee recommended that both the Amendment
Bill and the Levy Bill not be referred to committees.[14]
Senate
Standing Committee for the Scrutiny of Bills
The Senate Standing Committee for the Scrutiny of Bills made
a number of comments on the Amendment Bill.[15]
The Committee raised an issue regarding item 4 of the Amendment Bill
which proposes to remove a specific requirement to include particulars in
relation to the granting of a Basel export permit in the regulations,
potentially reducing parliamentary scrutiny (see discussion in ‘key issues and
provisions’ below).[16]
The Committee noted that item 6 of the Amendment Bill
proposes to remove the statutory cap on fees of $8,000, but that it would not
be replaced with another (higher) cap. The Committee further noted that the
levy proposed by the Levy Bill would be subject to a cap and sought Ministerial
advice as to whether a similar approach could be adopted with regards to the
setting of fees.[17]
A similar issue was raised by the Committee in relation to the indexation of
fees where item 7 does not prescribe a method of calculation for the indexation;
however a method will apply to the proposed indexation of the levy under the Levy
Bill.[18]
Item 14 proposes to permit the Minister to delegate
their functions and powers to Executive Level 2 officers. The Committee noted
that the delegation power (and thus the scope of functions and powers that
could be carried out by Executive Level 2 officers) extended to all functions
and powers under the Act. The Committee sought Ministerial advice as to whether
a limitation could be placed on the categories of powers and functions that may
be exercised by Executive Level 2 officers.[19]
Item 17 proposes to remove the text of the Basel
Convention from the Act and item 2 will instead direct readers to
the Australian Treaty Series on the Australasian Legal Information Institute (AustLII)
website. The Committee noted the change and referred to previous correspondence
received as part of the Committee’s scrutiny of the Omnibus Bill. The Committee
left the question of the appropriateness of removing the text of the Basel
Convention from the Act to the Senate as a whole.[20]
The Senate Standing Committee for the Scrutiny of Bills made
no comment in relation to the Levy Bill.[21]
Policy position of non-government parties/independents
At the time of writing, non-government parties do not
appear to have commented on the Amendment Bill or the Levy Bill.
However, many of the provisions in the Amendment Bill are
similar to those that were contained in the Omnibus Bill. During the debate in relation
to the Omnibus Bill in 2014, the Australian Greens successfully moved
amendments in the Senate to remove the provisions of the Bill amending the
hazardous waste scheme, except amendments to remove the text of the Basel
Convention from the Act.[22]
In moving those amendments, Greens Senator Waters expressed concern that the
government was ‘gutting the hazardous waste regulation regime’:
They, of course, describe it as streamlining and simplifying.
In fact, it is reducing the ability of local communities to keep track of what
is going on and to be able to protect their health and their local environment.
In particular, the government are seeking to remove the requirement for the
particulars of an export application to be specified in regs [sic] before a
decision is made to grant an export permit. They are also seeking to reduce the
matters that must be included in import and export permits. They are removing
the publication requirements of our permits from the Gazette and they are
removing the requirement for a transit permit...We are opposing the repeal of
these hazardous waste provisions because this government seems intent on
reducing environmental protection ...[23]
Similarly, during debate on the Omnibus Bill in the House
of Representatives, ALP member, Mr Giles said that the proposed changes to
hazardous waste:
... only saves $130,000. In this context I definitely think
this is something which deserves much greater scrutiny before we potentially
subject our environment to what could be devastating damage.[24]
The House of Representatives did not accept the amendments
made by the Senate, including those relating to the hazardous waste provisions.[25] The Senate
insisted on most of its amendments, including those related to the hazardous
waste provisions.[26]
Due to the impasse, the Omnibus Bill was not further progressed and lapsed on
prorogation of Parliament.[27]
Financial
implications
The Explanatory Memorandum to the Bills notes that for the
2015–16 financial year, the total costs incurred by the Department of the
Environment and Energy (the Department) were estimated to be $1.13 million,
including both direct and indirect costs. Of those costs, around $1.03 million
were considered recoverable.[28]
Most of the financial costs of the scheme are currently borne by the Department
(and by extension, Australian taxpayers), and one of the purposes of the Amendment
Bill is to move to full cost recovery of the scheme through increased fees. The
Levy Bill proposes to impose a levy on permit applications which will also generate
revenues for the government. Therefore if cost recovery can be achieved from
industry there are no financial implications for the government (as the revenue
is provided by industry rather than taxpayers), although there are anticipated
economic consequences (see below).
Statement of Compatibility with Human Rights
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed the
Bills’ compatibility with the human rights and freedoms recognised or declared
in the international instruments listed in section 3 of that Act. The
Government considers that the Bills are compatible.[29]
Parliamentary
Joint Committee on Human Rights
The Parliamentary Joint Committee on Human Rights considered
that the Amendment Bill and the Levy Bill do not raise human rights concerns.[30]
Key issues
and provisions of the Amendment Bill
Schedule
1—Amendments
Part 1—Main
amendments
Amendments
relating to the Basel Convention
The Amendment Bill proposes to remove the text of the Basel
Convention[31]
so as to simplify the Act. Item 17 repeals the Schedule to the Act which
contains the Basel Convention. Item 1 proposes to amend the
definition of Basel Convention in section 4 of the Act as a
result of item 17. Item 2 adds a note to the definition of Basel
Convention to refer readers to the Australian Treaties Library on the
AustLII website, consistent with current legislative drafting practices where
legislation involves international conventions. Item 16 proposes to repeal
subsection 62(2) which is consequential to removing the text of the Basel
Convention from the Act. Item 15 renumbers current
subsection 62(1) as a result of item 16.
Amendments
relating to Basel export permits
Currently the Minister must not grant a Basel export
permit authorising the export of hazardous waste if the applicant for the
permit proposes to dispose of the waste by a method which does not lead to the
possibility of re-use, recycling or recovery of resources (including methods
where waste is disposed of by depositing it into landfill or water, or by incineration)[32]
unless two requirements are met. Firstly, at the time the Minister decides to
grant the export permit, the details of the export are specified in the
regulations (paragraph 18A(2)(a) of the Act). Secondly, the Minister must be
satisfied that exceptional circumstances exist.[33]
Item 4 proposes to change the process under which a Basel export permit
may be granted where the waste is intended to be disposed of in a manner that
does not encompass reuse or recovery of materials. Item 4 has the
effect of removing paragraph 18A(2)(a) so that a permit will still only be
issued in exceptional circumstances, but there will be no requirement for details
of the proposed export to be specified in the regulations before the Minister’s
decision. As noted in the Explanatory Memorandum to the Amendment Bill, the
Minister is currently under an obligation to publish certain information
relating to permits under section 33 of the Act, and the scope of the
obligation would extend to providing particulars about a Basel export permit.[34]
In other words, information about Basel export permits for final disposal of
waste would still be made publicly available. However, as noted by the Scrutiny
of Bills Committee (see earlier discussion), that information would no longer need
to be specified in regulations, potentially reducing parliamentary scrutiny in
relation to those permits.
Section 21 of the Act sets out the matters that must be
included in a Basel export permit. Item 5 proposes to repeal paragraph
21(1)(e), which requires each Basel export permit to specify the place from
which the hazardous waste is to be exported. The Explanatory Memorandum to the Amendment
Bill provides that there have been circumstances where permit holders have had
to apply for a variation due to changes in circumstances such as a change in
the port from which the hazardous waste is to be exported, due to changes to
shipping routes. As noted further in the Explanatory Memorandum, item 5
will reduce the administrative burden on businesses seeking a Basel export
permit.[35]
By reducing the administrative burden on businesses, it would be expected that
the number of permit variation applications would reduce, allowing the
Department to deploy its resources elsewhere. However at the same time, the
expected revenue raised from application fees would fall, which for the
variation of export permits are currently set at either $2,980 or $8,000
(although they are subject to amendment — see below), depending on the nature
of the export permit.[36]
Item 5 as proposed is different to item 31 in the
Omnibus Bill which proposed more substantive changes to subsection 21(1). The
proposed changes under the Omnibus Bill would have provided less information
about a Basel export permit than the information requirements as amended by item
5.
Unlike item 30 of the Omnibus Bill, no analogous provision
is proposed removing the requirements for Basel import permits to specify the
place to which the hazardous waste is to be imported.[37]
As such, it appears somewhat odd that the regulatory burdens will differ
between Basel export permits and Basel import permits.
Amendments
relating to the transit of hazardous waste from one OECD country to another
OECD country
The Amendment Bill proposes to reduce the regulatory
burden placed on businesses involved in the transit (through Australia) of
certain hazardous waste from one OECD country to another OECD country. An OECD
decision[38]
currently provides for the control of certain hazardous waste as part of the
Amber Control Procedure.[39]
That procedure relates to the transboundary movement of waste to recovery facilities
within the OECD area. The procedure covers hazardous waste in transit, as well
as hazardous waste that is imported or exported from OECD member countries. The
Amendment Bill however only relates to the transit of hazardous waste, so it is
questionable as to how much regulatory burden reduction the amendments provide.
Subsection 40A(1) of the Act currently prohibits
the transit of hazardous waste through Australia without a hazardous waste
transit permit. Item 10 proposes to repeal and substitute existing
subsection 40A(1) (excluding the note) so as to provide an additional exception
to the prohibition of bringing waste into Australia. The exception relates to
the transit of hazardous waste from one OECD country to another OECD country,
where the Minister has provided written notification to the person with the
hazardous waste that that person does not require a transit permit (see proposed
paragraph 40A(1)(b)).
Item 11 proposes to insert a new subsection
40A(1A) which relates to the written notification required in new paragraph
40A(1)(b). The new subsection 40A(1A) proposes to provide that
before notifying the person, the Minister must be satisfied that carrying out
the transit proposal will not pose a significant risk of injury or damage to
human beings or the environment. New paragraph 40A(1A)(b) provides a
regulation making power that can prescribe additional matters that the Minister
must be satisfied of prior to providing the notification. The Minister must
publish particulars of the notification on the Department website as soon as
practicable after giving a notification (see new subsection 40A(1C)).
Item 12 proposes to insert new subsection 40A(6)
to provide a definition of OECD country and item 3
provides a note to subsection 13A(1) which explains that a transit permit may
not be required where the transit proposal relates to hazardous waste that is being
moved from one OECD country to another OECD country.
Amendments
relating to the setting of fees
Subsection 32(1) of the Act sets a legislative cap on fees
for applications and notices in relation to the transboundary movement of
hazardous waste, currently of $8,000. Item 6 proposes to amend
subsection 32(1) to remove the current cap on fees of $8,000. Item 7
proposes to add a new subsection 32(7) to allow the regulations to provide
for the indexation of prescribed fees. The Explanatory Memorandum to the Amendment
Bill states that the fee cap has been in place since 1991 and ‘does not reflect
the current costs of administering the permitting scheme’.[40]
Nevertheless, the schedule of application fees was increased in 2016 and only
specific types of export permit grant and export permit variation applications have
fees set at the cap.[41]
The remaining application fees are currently below the cap and some fees are
substantially lower than the cap. As noted by the Senate Standing Committee for
the Scrutiny of Bills (see above), it is unclear why the cap needs to be
removed rather than amended. This is especially the case since the Levy Bill
will impose a statutory cap on the levy for hazardous waste permit applications
(see below). Since the fee will be uncapped and the levy will be capped, there
is the potential to classify more of the Department’s costs in administering
the scheme under the uncapped fee, rather than under the levy where it may be
more appropriately classified. In turn such an outcome may not amount to
appropriate cost recovery.
The Department’s Cost
Recovery Implementation Statement (CRIS) outlines the costs associated with
the administration of managing hazardous waste movement in Australia.[42]
The CRIS distinguished between direct and indirect costs. The direct costs
related to the application assessment and associated administrative matters and
were to be recovered via the proposed fees. The indirect costs were handling
enquiries, compliance and enforcement, and developing standard operating
procedures and advisory material related to the administration of the Act. It
is anticipated that these indirect costs will be recovered by the imposition of
the levy under the Levy Bill (see below). The first stage toward full cost
recovery was undertaken in 2016 with new application fees applying to
applications on or after 1 July 2016.[43]
The CRIS anticipates a significant increase in fees to apply from
1 July 2017, before resorting to a Consumer Price Index (CPI)
indexation factor that is proposed to apply from 1 July 2018 and 1 July
2019 respectively. The Department estimated[44]
that, prior to the 2016 changes, it was recovering around five per cent of its
costs and is moving to a full cost recovery model,[45]
so it is anticipated that the fees will increase substantially from those that
applied prior to the 1 July 2016 changes—from between eight times the earlier
rate up to fifty times that rate, depending on the type of application being
made.
Other
amendments
Section 33 of the Act sets out a requirement for the
Minister to publish certain information, for example in relation to
applications and permits under the Act. Currently this information is published
in the Commonwealth Gazette. Item 8 proposes that the required
information be published on the Department’s website rather than in the Gazette.
To achieve this, item 9 proposes to amend subsection 33(1) to substitute
a reference to the Gazette to the Department’s website.[46]
Item 14 proposes to permit the Minister to delegate
any or all of the Minister’s functions and powers under the Act to an Executive
Level 2 officer (including a person acting at that level).[47]
Proposed subsection 60(2) ensures that an officer performing functions
or exercising powers under a delegation must comply with any directions
provided by the Minister. The requirement to comply with Ministerial directions
under proposed subsection 60(2) would also apply to the Secretary
of the Department as well as SES employees and acting SES employees of the
Department, whereas currently that is not explicitly provided in the
legislation. Item 13 makes a consequential numbering amendment to
section 60 as a result of item 14.
Item 18 is an application provision and subitems
18(1) and (2) provide that the changes made by items 4 and 5 in relation
to Basel export permits apply to permits granted on or after the commencement
of item 18 (which will be the day after the Amendment Bill receives
Royal Assent). Subitem 18(3) provides that the requirement to publish information
on the Department’s website, rather than in the Gazette, applies in relation to
information published on or after the commencement of item 18. Subitem
18(4) provides that the amendments relating to transit permits made by item
11 apply to hazardous waste brought into Australia on or after
commencement. Subitem 18(5) ensures that regulations made under
subsection 62(1) and in force immediately before commencement continue in force
after that time as if they had been made under section 62 of the Act (section
62 will not contain subsections after the renumbering by item 15).
Part 2—Levy
amendments
Item 19 proposes to insert new section 32A into
the Act, to require permit applications to be accompanied by a levy.
Specifically, applications under sections 12, 13 or 13A (that is applications for
import permits, export permits or transit permits) must be accompanied by the
associated levy. (The calculation and indexation of the levy is imposed by the Levy
Bill, see below.) Under proposed subsection 32A(2), if the application
is not accompanied by the levy, then the application is taken to have not been
received by the Minister.
Item 20 is an application provision and provides
that the amendments made by item 19 apply to applications made on or
after the commencement of Part 2. (That is, the levy will be required to be
paid for applications made from the commencement of Part 2 of Schedule 1, which
will be the later of 1 July 2017 and the day after the Amendment Bill receives
Royal Assent.)
Key issues
and provisions of the Levy Bill
Part
1—Preliminary
Clause 3 provides that the proposed Act will bind
the Crown in respect of the states and the Australian Capital Territory and the
Northern Territory, but not in respect of the Commonwealth. Clause 4
provides that the proposed Act will extend to every external territory. Clause
5 provides a list of definitions for the proposed Act. Clause 6
clarifies that the proposed Act does not impose a tax on property of any kind
belonging to a state.
Part 2—Levy
on hazardous waste permit applications
Clause 7 proposes to impose a levy on each
hazardous waste permit application. Clause 8 proposes to provide that
the levy is payable by the applicant for a hazardous waste permit.
Amount of
levy
The amount of the levy is proposed in clause 9. The
amount of the levy is proposed to be set at $4,616 per hazardous waste permit
application, with the ability for another amount not exceeding $6,000, to be
prescribed in the regulations. Clause 10 authorises such regulations to
be made. The levy is proposed to be subject to annual indexation from 1 July
2018, equivalent to the Consumer Price Index (providing that the CPI figure is
greater than one) as a result of the operation of clauses 5 and 9.
The CRIS provided that, as alternatives to imposing a levy
to recover the indirect costs of administering the hazardous waste permit
system, consideration was given to either imposing higher permit application
fees or to not imposing cost recovery.[48]
As noted in the CRIS, imposing increased permit application fees beyond the
level needed for recovery of costs that are directly linked to an individual or
organisation would be inconsistent with the principles of cost recovery.[49]
In relation to the second alternative, not having cost recovery would mean in
effect that the indirect administration costs would be borne by the taxpayer,
who may receive little to no direct benefit from the management of hazardous
waste.
The CRIS noted that businesses involved in the
transboundary movement of hazardous waste cannot be readily classified into an
industry or groups of industries.[50]
The CRIS considered the imposition of a levy via three means: a mass/volume
based charge; a flat rate charge; and a charge proportionate to the cost
recovery permit fee arrangements.[51]
The CRIS preferred recovery mechanism was via a flat rate charge, which is
reflected in clause 9 to the Levy Bill.
The rationale provided in the CRIS for the flat rate
charge was that it ‘is simple to administer and avoids disproportionate impacts
on particular applicants.’[52]
It is agreed that a flat rate is simple to administer, although a flat rate
does not necessarily avoid disproportionate impacts on particular applicants.
Indeed:
One stakeholder suggested that the type of waste, the
destination country and the final fate of the waste and the number of transit
countries are more indicative of the costs incurred by the Department than the
volume of the waste.[53]
A flat fee effectively assumes that all waste is the same,
has the same costs, poses the same environmental risks, and costs the
Department the same to administer. In reality this is unlikely to be the case
and may lead to disproportionate impacts on particular applicants. A flat fee
by definition imposes an equal average charge across all users, yet the waste
produced by all users is unlikely to be equal in terms of its costs, potential
environmental risks, and costs to the Department to administer.
[1]. Parliament
of Australia, ‘Hazardous
Waste (Regulation of Exports and Imports) Amendment Bill 2016 homepage’,
Australian Parliament website.
[2]. Parliament
of Australia, ‘Hazardous
Waste (Regulation of Exports and Imports) Levy Bill 2016 homepage’,
Australian Parliament website.
[3]. Hazardous
Waste (Regulation of Exports and Imports) Act 1989 (Cth), subsection 3(1).
[4]. Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal, done in Basel, 22 March 1989, [1992] ATS 7 (entry
into force generally and for Australia 5 May 1992).
[5]. Department
of Finance, Australian
Government Charging Framework, Department of Finance website, last
updated 7 January 2016.
[6]. Parliament
of Australia, ‘Omnibus
Repeal Day (Spring 2014) Bill 2014 homepage’, Australian Parliament
website.
[7]. Omnibus
Bill, Schedule 3, items 26, 27 and 38–40.
[8]. Ibid.,
items 28, 34 and 35.
[9]. Ibid.,
item 29.
[10]. Ibid.,
item 37.
[11]. Ibid.,
items 32 and 33.
[12]. Ibid.,
items 30 and 31.
[13]. Ibid.,
item 36.
[14]. Senate
Standing Committee for Selection of Bills, Report,
9, 2016, The Senate, 24 November 2016, p. 3.
[15]. Senate
Standing Committee for the Scrutiny of Bills, Alert
digest, 10, 2016, The Senate, 30 November 2016, pp. 18–23.
[16]. Ibid.,
pp. 18–19.
[17]. Ibid.,
pp. 19–20.
[18]. Ibid.,
p. 20.
[19]. Ibid.,
pp. 20–22.
[20]. Ibid.,
pp. 22–23.
[21]. Ibid.,
p. 24.
[22]. Australia,
Senate, Journals,
72, 2013–14, 2 December 2014, p. 1935.
[23]. L
Waters, ‘In
Committee: Omnibus Repeal Day (Spring 2014) Bill 2014’, Senate, Debates,
2 December 2014, p. 9827.
[24]. A
Giles, ‘Second
reading speech: Omnibus Repeal Day (Spring 2014) Bill 2014’, House of
Representatives, Debates, 29 October 2014, p. 12395.
[25]. Australia,
House of Representatives, ‘Omnibus
Repeal Day (Spring 2014) Bill 2014’, Votes and proceedings, HVP, 110, 25
March 2015.
[26]. Australia,
Senate, Journals,
109, 19 August 2015.
[27]. Parliament
of Australia, ‘Omnibus
Repeal Day (Spring 2014) Bill 2014 homepage’, op. cit.
[28]. Explanatory
Memorandum, Hazardous Waste (Regulation of Exports and Imports) Amendment
Bill 2016 (Cth) [and] Hazardous Waste (Regulation of Exports and Imports) Levy
Bill, p. 2.
[29]. The
Statement of Compatibility with Human Rights can be found at page 4 of the
Explanatory Memorandum to the Amendment Bill.
[30]. Parliamentary
Joint Committee on Human Rights, Report
10 of 2016, 30 November 2016, p. 8.
[31]. Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal, op. cit.
[32]. Hazardous Waste
(Regulation of Exports and Imports) Act 1989 (Cth), subsection 18A(1). See also Section A
of Annex IV to the Basel Convention.
[33]. Ibid.,
paragraph 18A(2)(b).
[34]. See
the definition of Basel permit in section 4 of the Act.
[35]. Explanatory
Memorandum, Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016 (Cth) [and] Hazardous Waste (Regulation of Exports and Imports) Levy Bill,
op. cit., p. 6.
[36]. Hazardous Waste
(Regulation of Exports and Imports) (Fees) Regulations 1990 (Cth), Schedule 1,
items 7–8.
[37]. As
required by paragraph 20(1)(e) of the Act.
[38]. Organisation
for Economic Co-operation and Development (OECD), Decision of the Council
concerning the Control of Transboundary Movements of Wastes Destined for
Recovery Operations, C(2001)107,
14 June 2001 as amended.
[39]. Ibid.,
para 2.b) and Section D. Wastes subject to the Amber Control Procedure are
listed in Appendix 4.
[40]. Explanatory
Memorandum, Hazardous Waste (Regulation of Exports and Imports) Amendment Bill
2016 (Cth) [and] Hazardous Waste (Regulation of Exports and Imports) Levy Bill,
op. cit., p. 6.
[41]. Hazardous Waste
(Regulation of Exports and Imports) (Fees) Regulations 1990 (Cth), Schedule 1,
items 4 and 8.
[42]. Department
of the Environment, Cost
recovery implementation statement: hazardous waste permits 2016–17,
Department of the Environment, Canberra, 2016, p. 4.
[43]. Department
of the Environment and Energy (DEE), ‘Hazardous
waste permits: permit application fees, DEE website.
[44]. Department
of the Environment, Cost
recovery implementation statement: hazardous waste permits 2016–17, op.
cit., pp. 12, 33.
[45]. Ibid.
[46]. Item
8 consequentially amends the heading to section 33.
[47]. See
also Scrutiny of Bills Committee discussion above.
[48]. Department
of the Environment, Cost recovery implementation statement, op. cit.,
pp. 26–7.
[49]. Ibid.,
p. 26
[50]. Ibid.
[51]. Ibid.,
pp. 27–29.
[52]. Ibid.,
p. 29.
[53]. Ibid.,
p. 28.
For copyright reasons some linked items are only available to members of Parliament.
© Commonwealth of Australia
Creative Commons
With the exception of the Commonwealth Coat of Arms, and to the extent that copyright subsists in a third party, this publication, its logo and front page design are licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Australia licence.
In essence, you are free to copy and communicate this work in its current form for all non-commercial purposes, as long as you attribute the work to the author and abide by the other licence terms. The work cannot be adapted or modified in any way. Content from this publication should be attributed in the following way: Author(s), Title of publication, Series Name and No, Publisher, Date.
To the extent that copyright subsists in third party quotes it remains with the original owner and permission may be required to reuse the material.
Inquiries regarding the licence and any use of the publication are welcome to webmanager@aph.gov.au.
Disclaimer: Bills Digests are prepared to support the work of the Australian Parliament. They are produced under time and resource constraints and aim to be available in time for debate in the Chambers. The views expressed in Bills Digests do not reflect an official position of the Australian Parliamentary Library, nor do they constitute professional legal opinion. Bills Digests reflect the relevant legislation as introduced and do not canvass subsequent amendments or developments. Other sources should be consulted to determine the official status of the Bill.
Any concerns or complaints should be directed to the Parliamentary Librarian. Parliamentary Library staff are available to discuss the contents of publications with Senators and Members and their staff. To access this service, clients may contact the author or the Library‘s Central Enquiry Point for referral.