Section 19
Contents of set of Article 11 regulations
of Hazardous Waste (Control of Export, Import and Transit) Act
(1)
Each set of Article 11 regulations may —
(a)
specify the kinds of import proposals, export proposals and transit proposals that are within the scope of that set of regulations;
(b)
provide for the application to the Director for import permits and the granting of import permits by the Director authorising the import of hazardous or other waste, where the permit relates to an import proposal within the scope of that set of regulations;
Hazardous Waste (Control of Export,
Import and Transit)
(c)
provide for the application to the Director for export permits and the granting of export permits by the Director authorising the export of hazardous or other waste, where the permit relates to an export proposal within the scope of that set of regulations; and
(d)
provide for the application to the Director for transit permits and the granting of transit permits by the Director authorising the carrying out of transit proposals within the scope of that set of regulations.
(2)
A set of Article 11 regulations may provide for —
(a)
conditions of special permits, including the giving of guarantees and security deposits, and for securing compliance with such conditions; and
(b)
the revocation, surrender and variation of special permits.
(3)
This section does not, by implication, limit sections 18 and 47.
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 20.
(1)
If —
(a)
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
(b)
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.
(2)
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 —
(a)
shall be met before granting a special import permit under that set of regulations; and
Hazardous Waste (Control of Export,
Import and Transit)
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(b)
is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
(3)
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.
(4)
If —
(a)
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
(b)
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.
(5)
For the purposes of subsection (4), a corresponding requirement of a particular set of Article 11 regulations is —
(a)
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
(b)
another requirement under that set of regulations that —
(i)
shall be met before granting a special export permit under that set of regulations; and
(ii)
is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
(6)
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.
Hazardous Waste (Control of Export,
Import and Transit)
(7)
If —
(a)
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
(b)
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.
(8)
For the purposes of subsection (7), a corresponding requirement of a particular set of Article 11 regulations is —
(a)
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
(b)
another requirement under that set of regulations that —
(i)
shall be met before granting a special transit permit under that set of regulations; and
(ii)
is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
(9)
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.
Hazardous Waste (Control of Export,
Import and Transit)
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Basel permit to be granted only if corresponding requirements of