Hazardous Waste (Control of Export, Import and Transit) Act · 2024 Revised Edition · Part · Import, Export and Transit Permits
20. Special permit may be granted under set of Article 11 regulations only if corresponding requirements of other sets of Article 11 regulations have been met
Official textFrom Attorney General's Chambers, unchanged
If —
a person applies for a special import permit in relation to an import proposal that is within the scope of a particular set of Article 11
regulations; and
the proposal is within the scope of another set of Article 11
regulations, the Director shall not grant the permit unless he is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal.
For the purposes of subsection (1), a corresponding requirement of a particular set of Article 11 regulations is a requirement under that set of regulations that —
set of Article 11 regulations
“set of Article 11 regulations” has the meaning given to it by section 18;
shall be met before granting a special import permit under that set of regulations; and
Hazardous Waste (Control of Export,
Import and Transit)
is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
Subsection (1) shall not prevent the set of Article 11 regulations mentioned in subsection (1)(a) from setting out other requirements that shall be met before granting a special import permit under that set of regulations.
special import permit
“special import permit” means a permit under a set of Article 11 regulations permitting the import of hazardous or other waste;
If —
a person applies for a special export permit in relation to an export proposal that is within the scope of a particular set of Article 11
regulations; and
the proposal is within the scope of another set of Article 11
regulations, the Director shall not grant the permit unless he is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal.
For the purposes of subsection (4), a corresponding requirement of a particular set of Article 11 regulations is —
a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special export permit under that set of regulations authorising the export of hazardous or other waste to that country; or
another requirement under that set of regulations that —
shall be met before granting a special export permit under that set of regulations; and
is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
Subsection (4) shall not prevent the set of Article 11 regulations mentioned in subsection (5)(a) from setting out other requirements that shall be met before granting a special export permit under that set of regulations.
special export permit
“special export permit” means a permit under a set of Article 11 regulations permitting the export of hazardous or other waste;
Hazardous Waste (Control of Export,
waste
“waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of.
Import and Transit)
If —
a person applies for a special transit permit in relation to a transit proposal that is within the scope of a particular set of Article 11
regulations; and
the proposal is within the scope of another set of Article 11
regulations, the Director shall not grant the permit unless he is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal.
For the purposes of subsection (7), a corresponding requirement of a particular set of Article 11 regulations is —
a requirement under that set of regulations to obtain the consent (whether actual or constructive) of an authority of a foreign country before granting a special transit permit under that set of regulations authorising the carrying out of a transit proposal that involves the taking out of Brunei Darussalam of hazardous or other waste to that country; or
another requirement under that set of regulations that —
shall be met before granting a special transit permit under that set of regulations; and
is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
Subsection (7) shall not prevent the set of Article 11 regulations mentioned in subsection (8)(a) from setting out other requirements that shall be met before granting a special transit permit under that set of regulations.
special transit permit
“special transit permit” means a permit under a set of Article 11 regulations permitting the carrying out of one or more transit proposals relating to hazardous or other waste;
Hazardous Waste (Control of Export,
Import and Transit)
Basel permit to be granted only if corresponding requirements of
Basel permit
“Basel permit” means a Basel export permit, a Basel import permit or a Basel transit permit;
Terms defined in s 2
Basel permit
Defined · s 2“Basel permit” means a Basel export permit, a Basel import permit or a Basel transit permit;
Director
Defined · s 2“Director” means the Director of Environment, Parks and Recreation referred to in section 14 and includes the Deputy Director and Assistant Directors;
export proposal
Defined · s 2“export proposal” means a proposal to export hazardous or other waste and to deal with it outside Brunei Darussalam;
foreign country
Defined · s 2“foreign country” includes — (a) a colony, overseas territory, overseas province or protectorate of a foreign country; (b) a territory outside Brunei Darussalam, where a foreign country is to any extent responsible for the international relations of the territory; and (c) a territory outside Brunei Darussalam that is to some extent self-governing, but that is not recognised as an independent sovereign state by Brunei Darussalam;
import proposal
Defined · s 2“import proposal” means a proposal to import hazardous or other waste and to deal with it in Brunei Darussalam;
set of Article 11 regulations
Defined · s 2“set of Article 11 regulations” has the meaning given to it by section 18;
special export permit
Defined · s 2“special export permit” means a permit under a set of Article 11 regulations permitting the export of hazardous or other waste;
special import permit
Defined · s 2“special import permit” means a permit under a set of Article 11 regulations permitting the import of hazardous or other waste;
special permit
Defined · s 2“special permit” means a special export permit, special import permit or special transit permit;
special transit permit
Defined · s 2“special transit permit” means a permit under a set of Article 11 regulations permitting the carrying out of one or more transit proposals relating to hazardous or other waste;
transit proposal
Defined · s 2“transit proposal” has the meaning given to it by section 6; Hazardous Waste (Control of Export, Import and Transit)
waste
Defined · s 2“waste” means a substance or object that is — (a) proposed to be disposed of; (b) disposed of; or (c) required by any written law to be disposed of.
Part
Regulation of Import, Export and Transit of Hazardous and Other Wastes
Part 3
Part
Enforcement
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