Hon Robin Chapple questions the permissibility of importing waste material into WA if it doesn't fall under Commonwealth hazardous waste, nuclear safeguards, or customs legislation. The answer clarifies that such waste is still subject to Commonwealth customs/quarantine and State environmental protection legislation.

AnsweredQoN 5626Legislative Council
Asked
12 June 2012
Portfolio
Mines and Petroleum

QuestionView source ↗

(1) With regard to question on notice No. 5438 of Tuesday, 15 May 2012, question without notice No. 222 of Tuesday, 5 April 2011 and question without notice No. 116 of Thursday, 22 March 2012, I ask —
(a) if the waste material is not considered to be hazardous under the
Hazardous Waste (Regulation of Exports and Imports) Act 1989
and Regulations, and it does not fall within the scope of one of the categories listed in Annex 1 of the Basel Convention;
(b) if the waste material is not classified as a radioactive substance and then under the
Nuclear Non Proliferation (Safeguards) Act 1987
(Cwlth) that implements Australia's obligations under the
Nuclear Non Proliferation Treaty 1970
do not apply; and
(c) if the provisions of the
Commonwealth Customs (Prohibited Imports) Regulations 1956
, do not apply to the waste material, is the waste material allowed to be imported into Western Australia?
(2) If no to (1), why not?

AnswerView source ↗

Answered
14 August 2012
Responded by
Minister for Mines and Petroleum
Response time
63 days
(1) (a) - (c)
All waste material proposed to be imported into Australia, that is not classified under Commonwealth Hazardous Waste, Nuclear Safeguards and Customs legislation, is subject to Commonwealth customs and quarantine requirements and State environmental protection legislation.
Waste material proposed to be imported into Western Australia may be subject to the Western Australian Environmental Protection (Controlled Waste) Regulations 2004. Waste material listed under Schedule 1 of the Environmental Protection (Controlled Waste) Regulations 2004 is considered to be a controlled waste.
Waste material not listed in Schedule 1 of the Environmental Protection (Controlled Waste) Regulations 2004 is subject to the requirements of the Environmental Protection Regulations 1987.
(2)Not Applicable.
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