❓ Hon Robin Chapple questions the Minister for Mines and Petroleum regarding the legal basis for prohibiting the import of Lynas waste, specifically asking under what regulations the waste is classified as hazardous or prohibited. The Minister's answer refers to the Basel Convention, Nuclear Non-Proliferation Treaty, and Customs Regulations.
AnsweredQoN 5438Legislative Council
QuestionView source ↗
With reference to the answer to question without notice No. 116 and the
Customs (Prohibited Imports) Regulations 1956
,
Regulation 4R Importation of radioactive substances
,
Hazardous Waste (Regulation of Exports and Imports) Act 1989
and
Hazardous Waste (Regulation of Exports and Imports) Regulations 1996
, I ask –
(1) If the waste material is not classified as hazardous under any of the above, can the Minister identify what act or regulation prohibits the Lynas waste from import?
(2) If the waste material is classified as hazardous under any of the above, can the Minister identify under which regulation it is deemed hazardous and why?
Customs (Prohibited Imports) Regulations 1956
,
Regulation 4R Importation of radioactive substances
,
Hazardous Waste (Regulation of Exports and Imports) Act 1989
and
Hazardous Waste (Regulation of Exports and Imports) Regulations 1996
, I ask –
(1) If the waste material is not classified as hazardous under any of the above, can the Minister identify what act or regulation prohibits the Lynas waste from import?
(2) If the waste material is classified as hazardous under any of the above, can the Minister identify under which regulation it is deemed hazardous and why?
AnswerView source ↗
Answered
15 May 2012
Responded by
Minister for Mines and Petroleum
Response time
47 days
(1) & (2)
A waste material is considered to be hazardous under the
Hazardous Waste (Regulation of Exports and Imports) Act 1989
and Regulations if it falls within the scope of one of the categories listed in Annex 1 of the Basel Convention. A technical analysis is usually required to determine if a substance is considered hazardous under this Act. If the waste material is classified as a radioactive substance then the
Nuclear Non Proliferation (Safeguards) Act 1987
(Cth) that implements Australia's obligations under the Nuclear Non Proliferation Treaty 1970 applies.
Furthermore, the provisions of the Commonwealth Customs (Prohibited Imports) Regulations 1956, apply to any material that is classified as a radioactive substance. Under these regulations, a material that is classified as a radioactive substance is not permitted into Australia without an import permit issued by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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A waste material is considered to be hazardous under the
Hazardous Waste (Regulation of Exports and Imports) Act 1989
and Regulations if it falls within the scope of one of the categories listed in Annex 1 of the Basel Convention. A technical analysis is usually required to determine if a substance is considered hazardous under this Act. If the waste material is classified as a radioactive substance then the
Nuclear Non Proliferation (Safeguards) Act 1987
(Cth) that implements Australia's obligations under the Nuclear Non Proliferation Treaty 1970 applies.
Furthermore, the provisions of the Commonwealth Customs (Prohibited Imports) Regulations 1956, apply to any material that is classified as a radioactive substance. Under these regulations, a material that is classified as a radioactive substance is not permitted into Australia without an import permit issued by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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