Hazardous Waste (Control of Export, Import and Transit) Act · 2024 Revised Edition · Part · Preliminary
5. Exports and transits to foreign countries – extended meaning of hazardous and other wastes
Official textFrom Attorney General's Chambers, unchanged
This section has effect for the purposes of the application of this
Act —
to the export or proposed export of a substance or object to a particular foreign country; or
to, or to the carrying out of, a transit proposal that involves the taking out of Brunei Darussalam of a substance or object to a particular foreign country.
If —
the foreign country is a party to the Basel Convention;
the Minister is satisfied that, under a law of that country that gives effect to the Basel Convention, the particular substance or object is, in particular circumstances, classified as hazardous or other waste;
and
apart from this section, the particular substance or object is not hazardous or other waste, the Minister shall, by notification published in the Gazette, declare that that substance or object is, in those circumstances, hazardous or other waste for those purposes.
If —
the Minister is satisfied that the foreign country classifies particular waste collected from the households as hazardous or other waste; and
apart from this section, the waste is not hazardous waste, the Minister shall, by notification published in the Gazette, declare that that waste is hazardous or other waste for those purposes.
A declaration under this section shall have effect accordingly.
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)
The Minister shall revoke a declaration made under this section if he ceases to be satisfied of the matter referred to in subsection (2)(b) or
, as the case may be.
The revocation of a declaration shall be published in the Gazette.
Terms defined in s 2
Basel Convention
Defined · s 2“Basel Convention” means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and any amendment or protocol thereto which has come into force and has been accepted by the Government, a copy of the English text of which is set out in the Schedule;
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;
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
Administration
Part
Import, Export and Transit Permits
Part
Regulation of Import, Export and Transit of Hazardous and Other Wastes
Part 3
Part
Enforcement
Part