HazardousWastesandChemicalsBill2010v7
Act No. 28 of 2010
C
T
HAZARDOUS WASTES AND CHEMICALS
ACT 2010
Hazardous Wastes and Chemicals Act 2010 Arrangement of Sections
to
Act No.28 of 2010 Page 3
C
T
HAZARDOUS WASTES AND CHEMICALS ACT 2010
Arrangement of Sections
Section
PART I - PRELIMINARY 7
1 Short Title .................................................................................................... 7
2 Interpretation ................................................................................................ 8
3 Acts binds the Crown ................................................................................ 10
4 Application of other relevant laws ................................................................... 10
5 The precautionary principle to be applied............................................................ 10
PART II - PERSISTENT ORGANIC POLLUTANTS 11
6 Prohibitions applying to persistent organic pollutants ......................................... 11
7 Regulated persistent organic pollutants .............................................................. 11
PART III - PROHIBITIONS RELATING TO OTHER HAZARDOUS
SUBSTANCES 12
8 Prohibitions related to radioactive wastes .................................................... 12
9 Prohibitions related to certain hazardous chemicals ............................................ 12
10 Prohibitions relating to hazardous wastes ............................................................ 12
PART IV - MANAGEMENT OF HAZARDOUS SUBSTANCES 14
11 Application of this Part .............................................................................. 14
12 General obligations relating to hazardous substances .......................................... 14
13 Planning requirements .................................................................................... 15
14 Reporting requirements ................................................................................... 16
15 Transportation requirements .................................................................... 16
PART V - IMPLEMENTATION OF THE APPLICABLE
Arrangement of Sections Hazardous Wastes and Chemicals Act 2010
Page 4 Act No. 28 of 2010
to
CONVENTIONS 17
16 Focal Points ............................................................................................... 17
17 Competent Authority .................................................................................. 17
18 Regulated substances............................................................................... 18
19 Exempted substances............................................................................... 19
PART VI - CONTROLS OVER IMPORTS 19
20 Importation of hazardous wastes prohibited ................................................. 19
21 Duty to re-import ........................................................................................ 19
22 Controls over the importation of other hazardous substances .............................. 20
23 Controls over approved imports ....................................................................... 20
PART VII - CONTROLS OVER EXPORTS 21
24 Application of this Part .............................................................................. 21
25 Notifications of exports of hazardous wastes ....... .......................................... 21
26 Controls over exports of hazardous chemicals ........ ....................................... 21
27 Requirements for all exports of hazardous chemicals .......................................... 22
PART VIII - CONTROLS OVER HAZARDOUS SUBSTANCES IN
TRANSIT 23
28 Controlling transit movements .................................................................. 23
29 Ban of transit movements of radioactive wastes .................................................. 23
PART IX - PROCESSES FOR ALL NOTIFICATIONS AND
APPROVALS 23
30 Person who may give notifications .............................................................. 23
31 Form of notifications for hazardous wastes .................................................. 24
32 Form of notifications for hazardous chemicals .................................................... 24
33 Requirements as to time ........................................................................... 24
34 Decisions of the Competent Authority ........................................................... 24
35 Movement documentation ............................................................................... 24
PART X- ENFORCEMENT 25
36 Obligations of ships and aircrafts .............................................................. 25
37 Authorised Officers .................................................................................... 25
38 Powers of enforcement .................................................................................... 25
39 General Offences ............................................................................................. 26
40 Authority to prosecute offenders ............................................................... 26
41 Immunity for authorised officers ................................................................ 26
42 Contravention of Parts II, III, IV, VI and VII ................................................... 27
PART XI – MISCELLANEOUS 27
43 Regulations ................................................................................................ 27
Hazardous Wastes and Chemicals Act 2010 Arrangement of Sections
to
Act No.28 of 2010 Page 5
SCHEDULE I 29
INFORMATION TO BE PROVIDED ON NOTIFICATIONS OF
TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES 29
SCHEDULE II 31
INFORMATION TO BE PROVIDED ON THE MOVEMENT DOCUMENT
FOR TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES 31
Hazardous Wastes and Chemicals Act 2010 Section 1
to
Act No.28 of 2010 Page 7
C
T
HAZARDOUS WASTES AND CHEMICALS ACT 2010
Act No. 28 of 2010
AN ACT TO PROVIDE FOR THE REGULATION AND PROPER
MANAGEMENT OF HAZARDOUS WASTES AND CHEMICALS IN
ACCORDANCE WITH ACCEPTED INTERNATIONAL PRACTICES AND
THE INTERNATIONAL CONVENTIONS APPLYING TO THE USE,
TRANSBOUNDARY MOVEMENT AND DISPOSAL OF HAZARDOUS
SUBSTANCES AND FOR RELATED PURPOSES
I assent,
GEORGE TUPOU V,
27th August 2010.
BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:
PART I - PRELIMINARY
1 Short Title
(1) This Act may be cited as the Hazardous Wastes and Chemicals Act 2010.
(2) This Act shall come into force on a date to be declared by His Majesty’s
Cabinet and notified in the Gazette.
Section 2 Hazardous Wastes and Chemicals Act 2010
Page 8 Act No. 28 of 2010
to
2 Interpretation
(1) In this Act, unless the context otherwise requires:
“applicable Conventions” means the –
(a) Stockholm Convention;
(b) Rotterdam Convention;
(c) Basel Convention; and
(d) Waigani Convention;
“Basel Convention” means the Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, Basel, 1989;
“chemical” means any manufactured or naturally occurring substance existing
by itself or in a mixture or preparation, and specifically includes all pesticides
and other preparations used in agriculture and industry;
“Competent Authority” means the Competent Authority for the Kingdom
appointed under section 17, which for all purposes shall be the –
(a) competent authority required to be appointed uner the Basel and
Waigani Conventions; and
(b) the national authority required to be designated under the Rotterdam
Convention;
“Director” means the Director for Environment and Climate Change;
“environmentally sound manner” means the taking of all practicable steps
to ensure that hazardous substances are managed in a manner which will
protect human health and the environment against the adverse effects which
may result from such wastes;
“Hazardous chemical” means all –
(a) persistent organic pollutants;
(b) chemicals prohibited or regulated in accordance with the Rotterdam
Convention;
(c) other chemicals designated as hazardous under any l w or by
regulations made under this Act; and
(d) any chemical which appears in a list of hazardous chemicals declared
by the Minister;
“Hazardous substance” means any hazardous chemical and hazardous waste;
“Hazardous waste” means all wastes of any description which –
(a) are regarded as hazardous wastes under the Basel or Waigani
Conventions;
(b) designated as hazardous wastes under any law in the Kingdom or by
regulations made under this Act; or
Hazardous Wastes and Chemicals Act 2010 Section 3
to
Act No.28 of 2010 Page 9
(c) any substances which appears in a list of hazardous wastes declared by
the Minister;
“Minister” means the Minister for Environment and Climate Change;
“Ministry” means the Ministry of Environment and Climate Change;
“notifier” means any person who gives a notification under this Act as
authorised by section 30;
“persistent organic pollutant” means any of the chemicals or substances
regulated under the Stockholm Convention;
“prohibited persistent organic pollutant” means all persistent organic
pollutants which are, or contain, aldrin, chlordane, DDT, dieldrin, endrin,
heptachlor, mirex and toxaphene;
“radioactive wastes” means waste which, as a result of being radioactive are
subject to other international control systems, including international
instruments, applying specifically to radioactive materials;
“regulated persistent organic pollutant” means all persistent organic
pollutants which are, contain or may create or emit hexachlorobenzine,
polychlorinated biphenyls, dioxins or furans;
“Rotterdam Convention” means the Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade, Rotterdam, 1998;
“Stockholm Convention” means the Stockholm Convention on Persistent
Organic Pollutants, Stockholm, 2001;
“ transboundary movement” means any movement of a hazardous substance
from an area under the national jurisdiction (being a y land, marine area or
airspace) of one State to or through an area under the national jurisdiction of
another State, or to or through an area not under the national jurisdiction of
any State, provided at least the area of two States is involved in the
movement;
“Waigani Convention” means the Convention to Ban the Importation into
Forum Island Countries of Hazardous and Radioactive Wastes and to Control
the Transboundary Movement and Management of Hazardous Wastes within
the South Pacific Region, Waigani, 1995; and
“wastes” means any substance or object which is disposed of or intended to
be disposed of, or which is required to be disposed of under any law.
(2) Reference may be made to the definitions in any of the applicable
Conventions to assist in determining an appropriate meaning of any term or
arrangement that is not defined in sub-section (1).
Section 3 Hazardous Wastes and Chemicals Act 2010
Page 10 Act No. 28 of 2010
to
3 Acts binds the Crown
This Act shall bind the Crown.
4 Application of other relevant laws
(1) This Act does not affect the operation or any aspect of the implementation of
any law relating to –
(a) the control of pesticides;
(b) the management and regulation of living modifie organisms and the
implementation of the Cartagena Protocol;
(c) the prohibition and regulation of ozone depleting substances and the
implementation of the Montreal Protocol;
(d) labour, commerce, industry and the licensing of businesses;
(e) quarantine and biosecurity arrangements; and
(f) customs and border control arrangements.
(2) Where the provisions of this Act and any other law of the nature stated in sub-
section (1) apply to any particular circumstance –
(a) the relevant powers, requirements and processes applying under each
law shall have full effect and the person to whom they apply in the
circumstances shall fully comply with all applicable requirements; and
(b) the respective agencies responsible for the imple entation and
enforcement of the respective laws shall cooperate so as to ensure that
all relevant requirements are applied and all relevant powers are
exercised to give full effect to the provisions of each of the laws.
5 The precautionary principle to be applied
(1) All persons and agencies having responsibilities under this Act, or whose
functions and powers may relate to any matter or thing involving the
regulation, control, management and transboundary move ent of hazardous
wastes and chemicals within the Kingdom, shall apply the precautionary
principle when discharging their responsibilities and functions, or exercising
their powers.
(2) For the purposes of this Act, the precautionary principle is applied if, in the
event of a threat of damage to the environment or a risk to human health in the
Kingdom, a lack of full scientific certainty regarding the extent of adverse
effects is not used as a reason for not acting to prevent or minimise the
potential adverse effects or risks arising in any way from a matter or thing
regulated under this Act.
Hazardous Wastes and Chemicals Act 2010 Section 6
to
Act No.28 of 2010 Page 11
PART II - PERSISTENT ORGANIC POLLUTANTS
6 Prohibitions applying to persistent organic pollu tants
(1) Notwithstanding any other provision of this Act, no person may manufacture,
produce, import or use any prohibited persistent organic pollutant in the
Kingdom.
(2) No person may store any prohibited persistent organic pollutant in the
Kingdom unless the persistent organic pollutants are being stored prior to
their lawful disposal in accordance with this Act.
(3) No person may export any persistent organic pollutant except for the purpose
of –
(a) laboratory-scale research or as a reference standard in the country of
import; or
(b) disposal in an environmentally sound manner in the country of import.
(4) Any permissible export of a persistent organic pollutant under sub-section (3)
shall be undertaken in accordance with –
(a) the provisions of the National Implementation Plan approved under
section 7(2);
(b) all applicable international rules, standards and guidelines; and
(c) any direction given by the Competent Authority to ensure that
international rules, standards and guidelines are obs rved.
7 Regulated persistent organic pollutants
(1) No person may manufacture, produce, store, import or use any regulated
persistent organic pollutant in the Kingdom, unless –
(a) the import is required under section 21; or
(b) the manufacture, production, storage or use is in accordance with the
National Implementation Plan approved under sub-section (2) and the
requirements of the Stockholm Convention, applying to the applicable
management arrangements for the relevant persistent organic pollutant ;
and
(c) all lawful directions given under this Act and any other law relating to
the management of the persistent organic pollutant are complied with.
(2) The Minister may approve a National Implementation Plan, and any
amendment to it, for the control and proper management of persistent organic
pollutants in the Kingdom, and the implementation of the Stockholm
Convention.
Section 8 Hazardous Wastes and Chemicals Act 2010
Page 12 Act No. 28 of 2010
to
(3) Regulations made under this Act may make provisi n for the implementation
and enforcement of the National Implementation Plan approved under
sub-section (2), or any particular provision of thePlan.
PART III - PROHIBITIONS RELATING TO OTHER
HAZARDOUS SUBSTANCES
8 Prohibitions related to radioactive wastes
(1) Notwithstanding any other provision of this Act, no person shall cause or
arrange –
(a) the importation of radioactive wastes into the Kingdom; or
(b) the movement of radioactive wastes through the territory of the
Kingdom unless approval has been given in accordance with the
Waigani Convention.
(2) Any movement of radioactive waste approved under sub-section (1)(b) shall
be conducted in accordance with the requirements of all applicable
Conventions.
9 Prohibitions related to certain hazardous chemica ls
(1) No person may manufacture, produce, use or import any chemical which has
been –
(a) banned by the Competent Authority in accordance with the procedures
of the Rotterdam Convention; or
(b) severely restricted by the Competent Authority in accordance with the
procedures of the Rotterdam Convention, unless the relevant
restrictions are observed.
(2) No person may export any chemical to which sub-ection (1) applies unless
notification of the export has been given in accordance with the provisions of
Part VII of this Act and of Article 12 of the Rotterdam Convention.
10 Prohibitions relating to hazardous wastes
(1) No person may import any hazardous wastes into the Kingdom unless that
person is under an obligation to re-import the hazardous wastes under any
applicable Convention, and the provisions of section 21 are complied with.
(2) No person may export any hazardous waste –
(a) to a Party to the Basel Convention or the Waigani Convention if that
Party has banned the import of that waste in accordance with the
procedures of either Convention;
Hazardous Wastes and Chemicals Act 2010 Section 11
to
Act No.28 of 2010 Page 13
(b) to a State or group of States belonging to an economic and/or political
integration unit which has banned the import of that w ste;
(c) to a Party to the Basel Convention or the Waigani Convention if that
Party has not consented to the specific import of the hazardous wastes
in accordance with the procedures of both Conventions;
(d) to any country that is not a Party to the Basel Convention or the
Waigani Convention;
(e) for disposal within any area covered by any of the applicable
Conventions; or
(f) for disposal by dumping or incineration at sea.
(3) Any permitted export of hazardous wastes shall be –
(a) accompanied by any movement documentation required nder this Act
or any other applicable law;
(b) packaged, labelled and transported in accordance with recognised
international standards, rules and practices; and
(c) in accordance with any direction given by the Competent Authority to
ensure that international rules, standards and guidelines are observed.
(4) Notwithstanding any approval given for the export f hazardous wastes in
accordance with the Basel Convention or the Waigani Convention, no
hazardous waste may be exported unless they are to be managed in the
country of import in an environmentally sound manner and in accordance
with any technical guidelines approved under either Convention.
(5) Any person who transports or disposes of any hazardous waste shall comply
with –
(a) the provisions of this Act and any regulation made under this Act;
(b) the provisions of any other law dealing specifically with the hazardous
waste;
(c) the provisions of the National Implementation Plan approved under
section 7(2) if the wastes contain any persistent organic pollutants;
(d) the conditions of any licence which may be required under any law or
by regulations made under this Act;
(e) the requirements of any plan approved under section 13(2); and
(f) all internationally accepted standards applying to the transport and
disposal of hazardous wastes.
Section 11 Hazardous Wastes and Chemicals Act 2010
Page 14 Act No. 28 of 2010
to
PART IV - MANAGEMENT OF HAZARDOUS SUBSTANCES
11 Application of this Part
(1) This Part applies to any person who owns, manages or operates any –
(a) business involving the manufacture, processing, storage, handling,
management or transportation of hazardous wastes;
(b) business involving the manufacture, processing, handling, sale,
distribution, storage or stockpiling of hazardous chemicals; or
(c) landfill site, waste dump or waste management facility.
(2) The Minister may give notice to any person to whom this Part applies that
they are to be in compliance with the requirements of this Part by a date
specified in the notice.
(3) The Competent Authority shall be responsible for implementing, monitoring
and enforcing the provisions of this Part.
(4) The requirements of this Part are in addition t any other provision of any
applicable law and nothing in this Part shall be construed as relieving any
person from the obligation to comply with the provisions of any other
applicable law.
12 General obligations relating to hazardous substa nces
All persons to whom this Part applies shall –
(a) take all practicable steps to reduce the generation of hazardous wastes
to a minimum;
(b) ensure that all hazardous substances are stored and managed so as to
prevent pollution from the wastes and chemicals, and t ke all necessary
action to minimise the consequences of any such pollution;
(c) dispose of hazardous substances only at approved sites and in
accordance with all legal requirements applying to the disposal of
wastes under any applicable law;
(d) take all necessary measures to eliminate releass into the environment
from the intentional production or use of hazardous s bstances;
(e) take all necessary steps to eliminate unintentional releases of hazardous
substances into the environment;
(f) ensure that hazardous substances are managed in an e vironmentally
sound manner;
(g) take all necessary steps to protect the health of employees handling
hazardous substances, including the provision of appropriate training;
Hazardous Wastes and Chemicals Act 2010 Section 13
to
Act No.28 of 2010 Page 15
(h) take all necessary steps to prevent the mixing of hazardous and non-
hazardous wastes;
(i) establish and maintain records, databases and registers of the hazardous
substances with which they are concerned, including records of the
type, quantity, quality and origin of the substances;
(j) cooperate in the development and implementation of environmentally
sound low-waste technologies and in the improvement of existing
technologies;
(k) hold all relevant licences and obtain all necessary permits and
authorisations related to hazardous substances generat d, possessed or
managed by that person, and observe all requirements and conditions
applying to such licences, permits and authorisations;
(l) arrange any required insurance, surety or bond applying to generators,
storers, transporters and disposers of hazardous sub tances under
regulations made under this Act; and
(m) provide whatever assistance is required by the Competent Authority to
implement this Act and the applicable Conventions.
13 Planning requirements
(1) Persons to whom this Part applies shall prepare a plan relating to the
management of the hazardous substances with which tey are concerned, and
the plan shall make provision for –
(a) all aspects of the management of the hazardous sub tances so as to
meet the requirements of section 12;
(b) the observance and application of recognized requi d standards
applying to the management of the hazardous substances;
(c) processes for establishing and maintaining records, databases and
registers of the hazardous substances;
(d) processes for reporting any necessary matter to the Competent
Authority, including the reporting of any matter involving the
hazardous substances which may pose a threat to human health or to the
environment;
(e) emergency responses to incidents involving hazardous substances
which may pose risk to human health or to the enviro ment;
(f) matters relevant to protecting the health of employees handling
hazardous substances, or working in their vicinity, including the
provision of appropriate training; and
(g) any other matters specifically required by the Competent Authority or
which are a general requirement stated in any natiol hazardous
substances management plan approved and applied by the Minister.
Section 14 Hazardous Wastes and Chemicals Act 2010
Page 16 Act No. 28 of 2010
to
(2) All plans prepared under sub-section (1) shall be submitted to the Ministry
when requested by the Director, and where any amendts to the plans are
required by the Director the person to whom this Part applies shall ensure that
the necessary amendments are made and that appropriate action is taken to
ensure that the requirements of the amended plan are effectively implemented.
(3) The Minister may approve a National Hazardous Sbstances Management
Plan, or sectoral management plans, prepared by or on behalf of the Ministry,
which shall –
(a) seek to protect human health and the environment from the risks of
hazardous substances;
(b) be in accordance with requirements of the applicab e Conventions and
any standards determined in accordance with and for the purpose of
implementing the Conventions;
(c) assist in the implementation of the applicable Conventions; and
(d) direct and guide the preparation of plans required under sub-section (1).
14 Reporting requirements
(1) Persons to whom this Part applies shall –
(a) immediately notify the Director of any incident i volving hazardous
substances being discharged or released into the environment or which
pose any threat or risk to human health or the enviro ment;
(b) provide any other information relating to hazardous substances at the
request of the Director; and
(c) make all records, databases and registers relating to hazardous
substances available for inspection by the Director and authorised
officers of the Ministry.
(2) The Ministry shall make available all relevant i formation to the Competent
Authority to enable it to discharge its responsibilit es under the applicable
Conventions to submit reports, share information or provide any necessary
notification.
15 Transportation requirements
Persons to whom this Part applies shall ensure that hazardous substances are
transported –
(a) in accordance with any permit or approval required for such transportation
under this Act or any other law, or imposed by any Ministry or agency in
accordance with lawful authority;
(b) in an environmentally sound manner and in accordance with accepted
international standards and codes;
Hazardous Wastes and Chemicals Act 2010 Section 16
to
Act No.28 of 2010 Page 17
(c) with sufficient and appropriate labelling and packaging and in a manner to
permit the identification and effective containment of the hazardous
substances; and
(d) otherwise in compliance with any requirement presc ibed by regulations made
under this Act.
PART V - IMPLEMENTATION OF THE APPLICABLE
CONVENTIONS
16 Focal Points
(1) The Ministry shall be the Focal Point for the pur oses of the applicable
Conventions.
(2) As Focal Point the Ministry shall have the functions and responsibilities of –
(a) communicating with the respective Secretariats of the applicable
Conventions in relation to all aspects of the observance and
implementation of the applicable Conventions;
(b) giving and receiving notifications under the applicable Conventions;
(c) liaising with the competent authorities to ensure that notifications and
related processes are actioned in accordance with the applicable
Conventions;
(d) ensuring that necessary records, databases and registers are maintained;
and
(e) promoting access to information relating to hazardous substances.
17 Competent Authority
(1) The Ministry shall be the Competent Authority for the purposes of this Act.
(2) The functions and responsibilities of the Competent Authority shall include
but shall not be limited to the following –
(a) considering and determining any applications for approvals for
transboundary movements of hazardous substances in accordance with
the applicable Conventions;
(b) notifying the Focal Point of determinations made that are required to be
communicated in accordance with the requirements of the applicable
Conventions;
(c) ensuring that relevant information is obtained and that records,
databases and registers are maintained to enable the procedures of the
applicable Conventions to be given full effect;
Section 18 Hazardous Wastes and Chemicals Act 2010
Page 18 Act No. 28 of 2010
to
(d) authorising the exchange of information relevant to the applicable
Conventions;
(e) promoting the planning processes provided for in sections 12 and 13;
(f) encouraging industry initiatives and promoting voluntary agreements
aimed at ensuring that –
(i) the generation of hazardous wastes is reduced at the source;
(ii) all hazardous substances are managed so as to prevent pollution
and to minimise the consequences of any pollution incident;
(iii) measures are adopted to eliminate or reduce releases of
hazardous substances into the environment;
(iv) controls are placed over stores and stockpiles of hazardous
substances;
(v) that there is no mixing of hazardous and non-hazardous wastes;
(vi) relevant information is provided and that there is reporting of
incidents that pose risks to human health and the environment;
(vii) there is effective monitoring of hazardous sub tances and of the
level of compliance with the applicable Conventions; and
(viii) the health and welfare of employees working with hazardous
substances is promoted and that relevant training is provided;
(g) approving and implementing programs of public information, education
and awareness;
(h) facilitating cooperation in the development and implementation of
environmentally sound low-waste technologies and the improvement of
existing technologies;
(i) cooperating in the transfer of technology and management systems and
the development of technical capacities within the Kingdom;
(j) developing and approving strategies, technical guidelines and codes of
practice relating to the management of hazardous sub tances;
(k) implementing procedures related to the implementation of this Act
which minimise duplication with procedures applying to the
implementation of other laws affecting the proper management of
hazardous substances;
(l) ensuring that the Kingdom is adequately represented in the negotiation
and enforcement of all aspects of the applicable Conventions; and
(m) promoting and implementing regional and sub-regional initiatives
aimed at giving effect to the applicable Conventions.
18 Regulated substances
(1) Subject to section 19 and unless the context otherwise requires, the hazardous
substances regulated by the provisions of Parts VI, VII and VIII are –
Hazardous Wastes and Chemicals Act 2010 Section 19
to
Act No.28 of 2010 Page 19
(a) regulated persistent organic pollutants;
(b) hazardous chemicals regulated under this Act;
(c) hazardous wastes regulated under this Act; and
(d) any waste which has the characteristics of hazardous wastes as
provided by an applicable Convention.
(2) In addition to the hazardous substances referred to in sub-section (1), the
Competent Authority may determine that any other hazardous substance shall
be regulated under Parts V, VI and VII, and shall ensure that notification is
given in accordance with the applicable Conventions.
19 Exempted substances
No hazardous substance shall be exempted from the applic tion of this Act unless
the Conference of the Parties of any of the applicable Conventions resolves to make
a specific exemption.
PART VI - CONTROLS OVER IMPORTS
20 Importation of hazardous wastes prohibited
Subject to section 21 the importation into the Kingdom of all hazardous and
radioactive wastes is prohibited.
21 Duty to re-import
(1) Notwithstanding section 20, the Competent Authori y may authorise the
importation of any hazardous wastes which have been exported from the
Kingdom and which have not been managed in the country of import in
accordance with the terms of any agreement applying to the export or the
provisions of the Basel or Waigani Conventions.
(2) Prior to any authorisation given under sub-section (1), the Director shall take
all necessary steps to negotiate with the competent authority of the country of
import to agree on alternative arrangements for the disposal of hazardous
wastes in the country of import in an environmentally sound manner.
(3) Any alternative disposal arrangements agreed to under sub-section (2) shall
result in the disposal of the hazardous wastes within 90 days of the
notification given of the intention to return the hazardous wastes, but nothing
shall prevent agreement being reached for an extended period of time.
(4) Where the duty to import any hazardous waste into the Kingdom has arisen as
a result of any person’s action, fault or omission, the Director may recover
Section 22 Hazardous Wastes and Chemicals Act 2010
Page 20 Act No. 28 of 2010
to
any costs associated with the importation from thatperson, as if the costs were
a civil debt owed to the Crown.
22 Controls over the importation of other hazardous substances
(1) This section applies to hazardous chemicals –
(a) listed from time to time in Annex III of the Rotterdam Convention; or
(b) prescribed in regulations made under this Act as being hazardous
chemicals to which this section applies.
(2) The importation into the Kingdom of a hazardous chemical to which this
section applies may only be undertaken if the Competent Authority has given
notice in accordance with the Rotterdam Convention –
(a) that it consents to the importation of the particular hazardous chemical;
or
(b) that it consents to the importation of that hazardous chemical subject to
conditions being met, and the importer meets those c nditions.
(3) No person may import into the Kingdom any hazardous chemical to which
this section applies if the Competent Authority hasgiven notice in accordance
with the Rotterdam Convention that it does not consent to the importation of
that chemical.
(4) The Competent Authority may give consent, with or without conditions, to the
importation of a hazardous chemical to which this section applies
(5) Any hazardous chemical which is prohibited in accordance with this section
may not be –
(a) imported by any person; and
(b) produced or used in the Kingdom.
23 Controls over approved imports
The Competent Authority may impose requirements on the approved importation of
any hazardous chemical relating to –
(a) movement documentation to be completed and sent to designated agencies;
(b) the use of the chemical and the purposes to which it may be applied;
(c) packaging, labelling and the communication of warnings;
(d) storage and containment; and
(e) planning for the response to any impacts on human health and the
environment from the hazardous chemical.
Hazardous Wastes and Chemicals Act 2010 Section 24
to
Act No.28 of 2010 Page 21
PART VII - CONTROLS OVER EXPORTS
24 Application of this Part
(1) This Part applies to the following hazardous substances –
(a) persistent organic pollutants;
(b) hazardous wastes; and
(c) any hazardous chemical listed in Annex III of the Rotterdam
Convention, or prescribed by regulations made under this Act.
(2) No approval may be given under this Part that is inconsistent with the
prohibitions and requirements of Part II.
25 Notifications of exports of hazardous wastes
No hazardous waste may be exported from the Kingdom to any destination in a
country which is a Party to the Basel or Waigani Conventions unless –
(a) notification has been given to the competent authority of the country of import
containing the declaration and information stated in Schedule I;
(b) the competent authority of the country of import has informed the notifier of
its consent to the export;
(c) the notifier has agreed to comply with any conditions placed on the approval
by the competent authority of the country of import; and
(d) the notifier has arranged for the movement of the hazardous substances to be
insured, or has lodged a bond or other guarantee, as r quired by the competent
authority of the country of import.
26 Controls over exports of hazardous chemicals
(1) The Competent Authority shall, notify all prospective exporters of hazardous
chemicals in the Kingdom of all chemicals listed in Annex III of the
Rotterdam Convention that have been banned or severely restricted as
imports-
(a) into the Kingdom; and
(b) into those countries to whom exports of hazardous chemicals are likely
to be made from the Kingdom.
(2) No exporter of hazardous chemicals in the Kingdom shall export any
hazardous chemical to a country which no notification has been given under
sub-section (1) until the exporter has –
(a) ascertained the status of that chemical under the Rotterdam Convention
in the proposed country of import; and
Section 27 Hazardous Wastes and Chemicals Act 2010
Page 22 Act No. 28 of 2010
to
(b) complied with all requirements of the Rotterdam Convention in relation
to the export.
(3) After notification has been given under sub-section (1), no exporter in the
Kingdom may export a hazardous chemical listed in Anex III of the
Rotterdam Convention to a country which has banned or restricted the
importation of the specific hazardous chemicals.
(4) No exporter in the Kingdom may export a hazardous chemical which is not
yet listed in Annex III of the Rotterdam Convention to a country which has
restricted the importation of the specific hazardous chemicals, unless –
(a) notification has been given to the country of import in accordance with
Article 12 and Annex V of the Rotterdam Convention; a d
(b) approval for the export has been given by the competent authority of
the country of import.
27 Requirements for all exports of hazardous chemic als
(1) No hazardous chemical may be exported from the Kingdom unless –
(a) the necessary approval for the export has been giv ;
(b) the applicable customs code assigned to specific chemical is used on
the shipping documentation;
(c) there is adequate labelling to inform of the nature of the chemical and
of its risks to human health and the environment, taking into account
relevant international standards; and
(d) the chemical is accompanied by a safety data sheet according to
internationally recognised formats, if the chemical is used for
occupational purposes.
(2) All exporters of hazardous wastes shall –
(a) obtain information from the person to whom the wastes have been
exported, and the person responsible for disposing of the wastes, that
the wastes have been received and duly disposed of; and
(b) notify the Competent Authority as soon as this information is received;
or
(c) if no such information has been provided, give appropriate notice to the
Competent Authority.
(3) The Competent Authority shall immediately notify the relevant competent
authority in the State of import of any information provided under sub-section
(2).
Hazardous Wastes and Chemicals Act 2010 Section 28
to
Act No.28 of 2010 Page 23
PART VIII - CONTROLS OVER HAZARDOUS SUBSTANCES
IN TRANSIT
28 Controlling transit movements
(1) This section applies to the following hazardous s bstances –
(a) persistent organic pollutants;
(b) all hazardous wastes;
(c) any hazardous chemical which has been banned in the Kingdom in
accordance with Article 5 of the Rotterdam Convention; and
(d) any hazardous chemical listed in Annex III of the Rotterdam
Convention, or prescribed by regulations made under this Act.
(2) No hazardous substance may be imported into the Kingdom in transit to any
other destination unless –
(a) notification has been given to the Competent Authority containing the
declaration and information stated in Schedule II;
(b) the Competent Authority has informed the notifier of its consent to the
transit;
(c) the notifier has agreed to comply with any conditions placed on the
approval by the Competent Authority; and
(d) the notifier has arranged for the movement of the hazardous substances
to be insured, or has lodged a bond or other guarantee, as required by
the Competent Authority.
29 Ban of transit movements of radioactive wastes
No approval may be given for the transboundary moveent in transit through the
Kingdom of any radioactive wastes unless the provisi ns of the Waigani Convention
are observed.
PART IX - PROCESSES FOR ALL NOTIFICATIONS AND
APPROVALS
30 Person who may give notifications
Any notification required to be given in relation to the transboundary movement into
the Kingdom of any hazardous substance that is not prohibited under this Act may
be given to the Competent Authority by a notifier who shall either be the –
(a) exporter in the country of export;
Section 31 Hazardous Wastes and Chemicals Act 2010
Page 24 Act No. 28 of 2010
to
(b) importer in the Kingdom; or
(c) competent authority in the country of export.
31 Form of notifications for hazardous wastes
(1) All notifications relating to hazardous wastes which are required to be given
under this Act shall be in the form approved by the Competent Authority and
providing the information stated in Schedule I.
(2) All notifications shall include a duly completed and signed declaration by the
exporter that the information contained in the notification is true and correct.
32 Form of notifications for hazardous chemicals
(1) All notifications relating to hazardous chemicals which are required to be
given under this Act or in order to comply with the provisions of the
Rotterdam Convention shall be in accordance with Annex V of the Rotterdam
Convention.
(2) All notifications shall include a duly completed and signed declaration by the
exporter that the information contained in the notification is true and correct.
33 Requirements as to time
The Competent Authority and all notifiers shall comply with requirements as to time
which is stated in the relevant applicable Convention for the giving of any
notification, decision or request.
34 Decisions of the Competent Authority
In relation to any notification given under this Act or any of the applicable
Conventions, the Competent Authority shall be empowered to make any decision
prescribed under the relevant applicable Convention.
35 Movement documentation
(1) The movement documentation requirements stated in Schedule II shall apply
to all transboundary movements of hazardous wastes in o and out of the
Kingdom.
(2) The Competent Authority may –
(a) require any additional information to be contaied in the movement
documentation relating to the transboundary movement of hazardous
wastes; and
Hazardous Wastes and Chemicals Act 2010 Section 36
to
Act No.28 of 2010 Page 25
(b) impose any requirement in relation to movement documentation for the
transboundary movement of hazardous chemicals into or ut of the
Kingdom.
PART X- ENFORCEMENT
36 Obligations of ships and aircrafts
(1) No owner, master or pilot of any vessel or aircr ft within the Kingdom’s
jurisdiction shall knowingly carry any hazardous sub tance on board the
vessel or aircraft in breach of any requirement of this Act.
(2) Any person who breaches this section commits an offence and shall upon
conviction be liable to a fine not exceeding $500,0 or to a term of
imprisonment not exceeding 20 years or both, and if it is a company a fine not
exceeding $1,000,000.
37 Authorised Officers
The following officers shall be deemed as authorised officers under this Act:
(a) Police officers;
(b) Environment Officers appointed under the Environment Management Act;
(c) Authorised Officers under the Public Health Act;
(d) Custom Officers;
(e) Quarantine Officers;
(f) Authorised Officers of any Port Authority; and
(g) Any other environment officers authorised in writing by the Minister.
38 Powers of enforcement
(1) For the purposes of implementing and enforcing the provisions of this Act,
and monitoring and containing the effects of hazardous substance on human
health and the environment, authorised officers under this Act may -
(a) enter upon any land;
(b) enter private premises at all reasonable times where it is believed on
reasonable grounds that there has been a contravention of this Act, after
notifying the owner of their intention to do so;
(c) take samples of wastes, soil and water for testing and analysis;
(d) require the production of records and information relevant to the
management, storage, movement and disposal of hazardous substances;
Section 39 Hazardous Wastes and Chemicals Act 2010
Page 26 Act No. 28 of 2010
to
(e) seize any hazardous substance, or shipment containing a hazardous
substance, that is being managed, transported or disposed of –
(i) in breach of a requirement of this Act;
(ii) in breach of a provision of any of the applicable Conventions;
(iii) in a manner which poses a risk to human health or the
environment; and
(f) order that certain substances, wastes and materials apparently
containing or affected by hazardous substances be contained, removed
or otherwise dealt with so as to minimise their adverse effects on
human health or the environment.
(2) Any person who refuses or fails to comply with a requirement given under
sub-section (1)(d) or an order given under sub-section (1)(f) commits an
offence and shall upon conviction be liable to a fine not exceeding $20,000 or
to imprisonment for a term not exceeding 5 years, or both.
(3) The costs associated with any disposal of hazardous substances which have
been seized or ordered to be disposed of under this section may be recovered
as a debt owed by the person or persons in breach of this section.
39 General Offences
Any person who -
(a) hinders or obstructs any authorised officer exercising a lawful power under
this Act;
(b) fails to comply with any lawful direction given by an authorised officer in
accordance with this Act; or
(c) aids, abets, procures or counsels the commission of any offence against this
Act,
commits an offence and shall be liable upon conviction o a fine not exceeding
$20,000 or to a term of imprisonment not exceeding 5 years or both.
40 Authority to prosecute offenders
Prosecutions for offences against this Act may be undertaken by police officers,
environment officers or the Attorney General.
41 Immunity for authorised officers
Any person lawfully exercising a power under this Act shall not be liable for any
loss or damage, or be subject to any criminal prosecution, in relation to the
reasonable exercise of the power under this Act.
Hazardous Wastes and Chemicals Act 2010 Section 42
to
Act No.28 of 2010 Page 27
42 Contravention of Parts II, III, IV, VI and VII
(1) Any person who contravenes Part II or Part III of this Act commits an offence
and shall be liable upon conviction to a fine not exceeding $500,000 or to
imprisonment for a term not exceeding 20 years imprisonment, and if a
company, shall be liable to a fine not exceeding $1,000,000.
(2) Any person who contravenes Parts IV, VI or VII of this Act commits an
offence and shall be liable upon conviction to a fine not exceeding $300,000
or to imprisonment for a term not exceeding 15 years imprisonment, and if a
company, shall be liable to a fine not exceeding $750,000.
PART XI – MISCELLANEOUS
43 Regulations
(1) The Minister may, with the consent of Cabinet, make regulations necessary
for the effective implementation of this Act and the applicable Conventions,
including regulations which provide for –
(a) additional or alternative hazardous wastes and hazardous chemicals to
be regulated under this Act;
(b) planning requirements (including compliance, implementation and
emergency planning) for government agencies and for companies and
persons involved in the management of hazardous substances;
(c) the implementation of relevant international stndards;
(d) the collection, evaluation and reporting of data;
(e) monitoring the effects of hazardous substances and the status of
implementation of the applicable Conventions;
(f) responsibilities to maintain registers, and for information to be recorded
in them;
(g) additional controls over imports and exports, including the tracking of
shipments and other border control activities such as customs codes and
identification measures;
(h) the imposition of requirements relating to contai ers, packaging and
labelling for hazardous substances;
(i) additional licensing, permit and certification systems, including permits
for the collection, transportation and disposal of hazardous wastes and
substances;
(j) requirements relating to the sound management of hazardous
substances, and the operation of waste management and disposal
facilities;
Section 43 Hazardous Wastes and Chemicals Act 2010
Page 28 Act No. 28 of 2010
to
(k) requirements for the provision safety equipment and procedures and for
the training of employees working with hazardous substances;
(l) specific provisions relating to managing radioactive wastes and
substances in the Kingdom, including regulating or prohibiting the
importation of equipment and materials which may generate or become
radioactive wastes;
(m) obligations to minimise pollution from wastes and substances, and to
minimise the consequences of any pollution incidents;
(n) reporting requirements in relation to pollution incidents, discharges,
likely impacts on human health and the environment and other relevant
matters (including protections for persons making such reports);
(o) all aspects of the enforcement framework by the Competent Authority
and other agencies, including the promotion of inter-agency
cooperation and coordination;
(p) promoting cooperation in the taking of legal proceedings for breaches
of this Act;
(q) additional powers by relevant agencies to obtain information;
(r) the provision of powers and facilities to monitr and verify compliance,
and to order remedial or preventive action;
(s) the promotion and enforcement of environmentally sound management
practices and encouragement for the adoption of new environmentally
sound technologies;
(t) the imposition of “user fees” and the “polluter pays” principle;
(u) controls over the incineration and dumping of wastes and substances at
sea;
(v) regulating and rehabilitating areas and buildings contaminated by
hazardous substances;
(w) the effective involvement of community and industry representatives in
planning and decision making processes;
(x) the provision of relevant information, education and training
programmes;
(y) facilitating the implementation of regional and sub-regional initiatives
concerning the proper management of hazardous substances; and
(z) prescribing fees and forms.
(2) The regulations made under this section may prescribe offences and impose
penalties being fines not exceeding $100,000 or impisonment for a period not
exceeding 10 years, or both.
Passed by the Legislative Assembly this 12th day of August 2010.
Hazardous Wastes and Chemicals Act 2010 SCHEDULE I
to
Act No. 28 of 2010 Page 29
SCHEDULE I
INFORMATION TO BE PROVIDED ON NOTIFICATIONS OF
TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES
1. Reason for waste export
2. Exporter of the waste (details as set out in Note 1)
3. Generator(s) of the waste and site of generation (details as set out in Note 1)
4. Disposer of the waste and actual site of disposal (details as set out in Note 1)
5. Intended carrier(s) of the waste or their agents, if known (details as set out in Note
1)
6. Country of export of the waste
Competent authority (details as set out in Note 2)
7. Expected countries of transit
Competent authority (details as set out in Note 2)
8. Country of import of the waste
Competent authority (details as set out in Note 2)
9. General or single notification
10. Projected date(s) of shipment(s) and period of time over which waste is to be
exported and proposed itinerary (including point of entry and exit) (details as set
out in Note 3)
11. Means of transport envisaged (road, rail, sea, air, inland waters)
12. Information relating to insurance (details as set out in Note 4)
13. Designation and physical description of the waste including Y number and UN
number and its composition (details as set out in Note 5) and information on any
special handling requirements including emergency provisions in case of accidents
14. Type of packaging envisaged (e.g. bulk, drummed, tanker)
15. Estimated quantity in weight/volume (details as set out in Note 6)
16. Process by which the waste is generated (details as set out in Note 7)
SCHEDULE I Hazardous Wastes and Chemicals Act 2010
Page 30 Act No. 28 of 2010
to
17. For wastes listed in Annex I, classifications from Annex III: hazardous
characteristic, H number, and UN class
18. Method of disposal as per Annex IV
19. Declaration by the generator and exporter that the information is correct
20. Information transmitted (including technical description of the plant) to the
exporter or generator from the disposer of the waste upon which the latter has
based his assessment that there was no reason to believe that the wastes will not be
managed in an environmentally sound manner in accordance with the laws and
regulations of the country of import
21. Information concerning the contract between the exporter and disposer.
Notes
1 Full name and address, telephone or telefax number and the name, address,
telephone, telex or telefax number of the person to be contacted.
2 Full name and address, telephone, telex or telefax number.
3 In the case of a general notification covering several shipments, either the expected
dates of each shipment or, if this is not known, the expected frequency of the
shipments will be required.
4 Information to be provided on relevant insurance requirements and how they are
met by exporter, carrier and disposer.
5 The nature and the concentration of the most hazardous components, in terms of
toxicity and other dangers presented by the waste both in handling and in relation
to the proposed disposal method.
6 In the case of a general notification covering several shipments, both the estimated
total quantity and the estimated quantities for each individual shipment will be
required.
7 Insofar as this is necessary to assess the hazard nd etermine the appropriateness
of the proposed disposal operation.
Hazardous Wastes and Chemicals Act 2010 SCHEDULE II
to
Act No. 28 of 2010 Page 31
SCHEDULE II
INFORMATION TO BE PROVIDED ON THE MOVEMENT DOCUMENT FOR
TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES
1. Exporter of the waste (details as set out in Note 1)
2. Generator(s) of the waste and site of generation (details as set out in Note 1)
3. Disposer of the waste and actual site of disposal (details as set out in Note 1)
4. Carrier(s) of the waste or his agent(s) (details as set out in Note 1)
5. Subject of general or single notification
6. The date the transboundary movement started and d te(s) and signature on receipt
by each person who takes charge of the waste
7. Means of transport (road, rail, inland waterway, sea, air) including countries of
export, transit and import, also point of entry and exit where these have been
designated
8. General description of the waste (physical state, proper UN shipping name and
class, UN number, Y number and H number as applicable)
9. Information on special handling requirements including emergency provision in
case of accidents
10. Type and number of packages
11. Quantity in weight/volume
12. Declaration by the generator or exporter that t e information is correct
13. Declaration by the generator or exporter indicating no objection from the
competent authorities of all States concerned which are Parties
14. Certification by disposer of receipt at designated disposal facility and indication of
method of disposal and of the approximate date of disposal.
Notes
The information required on the movement document shall where possible be
integrated in one document with that required under transport rules. Where this is
not possible the information should complement rather an duplicate that required
SCHEDULE II Hazardous Wastes and Chemicals Act 2010
Page 32 Act No. 28 of 2010
to
under the transport rules. The movement document shall carry instructions as to
who is to provide information and fill-out any form.
1 Full name and address, telephone or telefax number and the name, address,
telephone, telex or telefax number of the person to be contacted in case of
emergency.
