Section 2
Interpretation
of Hazardous Waste (Control of Export, Import and Transit) Act
(1)
In this Act, unless the context otherwise requires —
“Antarctica” means the area south of 60 degrees South Latitude, including all ice shelves in that area;
“Article 11 arrangement” has the meaning given to it by section 7;
“authorised officer” means a person appointed under section 15 as an authorised officer;
“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;
“Basel export permit” means a permit given in accordance with the Basel Convention permitting the export of hazardous or other waste;
“Basel import permit” means a permit given in accordance with the Basel Convention permitting the import of hazardous or other waste;
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“Basel permit” means a Basel export permit, a Basel import permit or a Basel transit permit;
“Basel transit permit” means a permit given in accordance with the Basel Convention permitting the carrying out of one or more transit proposals relating to hazardous or other waste;
“Brunei Darussalam aircraft” means an aircraft that is registered in Brunei Darussalam;
“Brunei Darussalam platform” means a platform —
(a)
that is fixed to the seabed or subsoil beneath
Brunei Darussalam waters; or
(b)
that is otherwise operating in Brunei Darussalam waters;
“Brunei Darussalam vessel” means a vessel that is registered in
Brunei Darussalam;
“Brunei Darussalam waters” means all waters, whether navigable or not, within Brunei Darussalam, and are deemed to include territorial waters, and also fishery limits and exclusive economic zone;
“competent authority”, in relation to a foreign country, means —
(a)
if the country is a party to the Basel Convention –
the competent authority of the country within the meaning of the Basel Convention; and
(b)
otherwise – a person or an organisation that officially represents the country;
“deal with”, in relation to hazardous or other waste, includes dispose of;
“Director” means the Director of Environment, Parks and
Recreation referred to in section 14 and includes the
Deputy Director and Assistant Directors;
“disposal” means an operation specified in Annex IV to the
Basel Convention;
“environmentally sound management”, in relation to hazardous or other waste, has the meaning given to it by section 8;
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“export permit” means a Basel export permit or a special export permit;
“export proposal” means a proposal to export hazardous or other waste and to deal with it outside Brunei Darussalam;
“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;
“holder”, in relation to a Basel permit or a special permit, means the person to whom the permit was granted;
“household waste” means waste collected from households, but does not include such waste as may be specified in any regulations made under this Act;
“import permit” means a Basel import permit or a special import permit;
“import proposal” means a proposal to import hazardous or other waste and to deal with it in Brunei Darussalam;
“Minister” means the Minister responsible for hazardous waste;
“permit application” means an application for a Basel or special permit;
“permit condition” means a condition specified in a —
(a)
Basel permit;
(b)
notice specified in any regulations made under section 17 varying a Basel permit;
(c)
special permit; or
(d)
notice under a set of Article 11 regulations varying a special permit;
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“platform” includes any structure at sea, whether fixed or not fixed, but does not include a vessel;
“premises” includes any place, whether or not enclosed or built on;
“relevant person”, in relation to a searchable place, means —
(a)
in the case of premises in Brunei Darussalam, the occupier of the premises; and
(b)
in any other case, the person in command or control, or who appears to be in command or control, of the place;
“searchable place” means —
(a)
any premises in Brunei Darussalam;
(b)
an aircraft, a vehicle or a vessel within the jurisdiction of Brunei Darussalam;
(c)
a Brunei Darussalam aircraft;
(d)
a Brunei Darussalam platform; or
(e)
a Brunei Darussalam vessel;
“set of Article 11 regulations” has the meaning given to it by section 18;
“special export permit” means a permit under a set of Article 11
regulations permitting the export of hazardous or other waste;
“special import permit” means a permit under a set of Article 11
regulations permitting the import of hazardous or other waste;
“special permit” means a special export permit, special import permit or 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;
“transit permit” means a Basel transit permit or special transit permit;
“transit proposal” has the meaning given to it by section 6;
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“vessel” means anything capable of carrying persons or goods through or on water, and includes an air-cushion vehicle or similar craft;
“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.
(2)
In this Act —
(a)
a reference to this Act includes a reference to regulations made under this Act;
(b)
a reference to an offence under this Act includes a reference to an attempt or conspiracy to commit an offence under this Act or an abetment of an offence under this Act;
(c)
“within the jurisdiction of Brunei Darussalam” means within or over Brunei Darussalam or Brunei Darussalam waters.