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Regulations to give effect to Basel Convention
17. The Minister may make regulations to provide for and in relation to giving effect to —(a) the Basel Convention; and (b) any amendment or protocol to the Basel Convention that has come into force and has been accepted by the Government.
Contents of regulations made to give effect to Basel Convention
18.—(1) Any regulations made under section 17 to give effect to the Basel Convention may —(a) specify the kinds of import proposals, export proposals and transit proposals that are within the scope of the Basel Convention; (b) provide for the application to the Director‑General for import permits and the granting of import permits by the Director‑General authorising the import of hazardous and other waste, where the permit relates to an import proposal within the scope of the Basel Convention; (c) provide for the application to the Director‑General for export permits and the granting of export permits by the Director‑General authorising the export of hazardous or other waste, where the permit relates to an export proposal within the scope of the Basel Convention; and (d) provide for the application to the Director‑General for transit permits and the granting of transit permits by the Director‑General authorising the carrying out of transit proposals within the scope of the Basel Convention.[6/2020] (2) Such regulations may provide for —(a) conditions of the Basel permits, including the giving of guarantees and security deposits, and for securing compliance with such conditions; and (b) the revocation, surrender and variation of Basel permits. (3) This section does not, by implication, limit sections 17 and 48.
Regulations to give effect to Article 11 arrangements
19.—(1) The Minister may make regulations to provide for and in relation to giving effect to —(a) an Article 11 arrangement; and (b) an amendment of an Article 11 arrangement. (2) Regulations made for the purposes of this section do not come into operation before —(a) the arrangement enters into force, or comes into effect, for Singapore; or (b) the amendment enters into force, or comes into effect, for Singapore, as the case requires. (3) Regulations made for the purposes of this section that give effect to a particular Article 11 arrangement, including regulations that give effect to an amendment of the Article 11 arrangement, are called a set of Article 11 regulations.
Contents of set of Article 11 regulations
20.—(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‑General for import permits and the granting of import permits by the Director‑General authorising the import of hazardous or other waste, where the permit relates to an import proposal within the scope of that set of regulations; (c) provide for the application to the Director‑General for export permits and the granting of export permits by the Director‑General 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‑General for transit permits and the granting of transit permits by the Director‑General authorising the carrying out of transit proposals within the scope of that set of regulations.[6/2020] (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 19 and 48.
When special permit may be granted under set of Article 11 regulations
21.—(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‑General must not grant the permit unless he or she is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. [6/2020] (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) must be met before granting a special import permit under that set of regulations; and (b) is declared by the regulations to be a corresponding requirement for the purposes of this subsection. (3) Subsection (1) does not prevent the set of Article 11 regulations mentioned in subsection (1)(a) from setting out other requirements that must 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-General must not grant the permit unless he or she is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. [6/2020] (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) must 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) does not prevent the set of Article 11 regulations mentioned in subsection (5)(a) from setting out other requirements that must be met before granting a special export permit under that set of regulations. (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-General must not grant the permit unless he or she is satisfied that the corresponding requirements of the other set of regulations have been met in relation to the proposal. [6/2020] (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 Singapore of hazardous or other waste to that country; or (b) another requirement under that set of regulations that —(i) must 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) does not prevent the set of Article 11 regulations mentioned in subsection (8)(a) from setting out other requirements that must be met before granting a special transit permit under that set of regulations.
When Basel permit may be granted
22.—(1) If —(a) a person applies for a Basel import permit in relation to an import proposal; and (b) the proposal is within the scope of a particular set of Article 11 regulations, the Director-General must not grant the permit unless he or she is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal. [6/2020] (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) must be met before granting a special import permit under that set of regulations; and (b) is declared by the regulations to be a corresponding requirement for the purposes of this subsection. (3) If —(a) a person applies for a Basel export permit in relation to an export proposal; and (b) the proposal is within the scope of a particular set of Article 11 regulations, the Director-General must not grant the permit unless he or she is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal. [6/2020] (4) For the purposes of subsection (3), 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) must 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. (5) If —(a) a person applies for a Basel transit permit in relation to a transit proposal; and (b) the proposal is within the scope of a particular set of Article 11 regulations, the Director-General must not grant the permit unless he or she is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal. [6/2020] (6) For the purposes of subsection (5), 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 Singapore of hazardous or other waste to that country; or (b) another requirement under that set of regulations that —(i) must 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.
Prohibition of bringing waste into Antarctica
23. The Director-General must not grant a Basel permit or special permit if he or she is satisfied that the grant could result in hazardous or other waste being brought into Antarctica.[6/2020]
Applications and notices to be accompanied by fees
24.—(1) Any regulations made under this Act may prescribe fees to be paid in relation to applications and notices given to the Director‑General under this Act.[6/2020] (2) An application or a notice given to the Director‑General under this Act must be accompanied by the prescribed fee, if any.[6/2020] (3) If an application or a notice given to the Director‑General under this Act is not accompanied by the prescribed fee (if any), the application or notice is taken not to have been received by the Director‑General until the fee has been paid.[6/2020] (4) The Director-General may determine in writing that the prescribed fee payable in relation to a specified application or a specified notice is reduced by a specified amount.[6/2020] (5) The determination has effect accordingly.
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