Part of a comprehensive analysis of the Hazardous Waste (Control of Export, Import and Transit) Act 1997
All Parts in This Series
Key Provisions and Their Purpose under the Hazardous Waste (Control of Export, Import and Transit) Act 1997
The Hazardous Waste (Control of Export, Import and Transit) Act 1997 establishes a comprehensive regulatory framework to control the movement of hazardous and other waste across Singapore’s borders. The key provisions in Part 3 of the Act primarily empower the Minister to make regulations that give effect to international agreements, particularly the Basel Convention and Article 11 arrangements. These provisions ensure Singapore’s compliance with global environmental standards while safeguarding public health and the environment.
"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." — Section 17
Verify Section 17 in source document →
Purpose: Section 17 authorizes the Minister to enact regulations that implement the Basel Convention and its amendments or protocols once they are accepted by the Government. This provision exists to ensure that Singapore’s domestic law aligns with international obligations concerning the control of hazardous waste movements, thereby preventing illegal dumping and promoting environmentally sound management.
"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." — Section 18(1)
Verify Section 18 in source document →
Purpose: Section 18 elaborates on the regulatory powers under Section 17 by detailing the procedural aspects of permit applications and issuance for import, export, and transit of hazardous waste. It ensures that all movements of such waste are subject to prior authorization by the Director-General, thereby controlling and monitoring hazardous waste flows to prevent environmental harm.
"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." — Section 19(1)
Verify Section 19 in source document →
Purpose: Section 19 extends the Minister’s regulatory powers to include Article 11 arrangements and their amendments. Article 11 arrangements are bilateral or multilateral agreements related to hazardous waste management. This provision ensures that Singapore can domestically implement such arrangements, maintaining consistency with international cooperation frameworks.
"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." — Section 20(1)
Verify Section 20 in source document →
Purpose: Section 20 mirrors Section 18 but applies specifically to Article 11 regulations. It provides a structured process for permit applications and issuance, ensuring that hazardous waste movements under Article 11 arrangements are regulated with the same rigor as those under the Basel Convention.
"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." — Section 23
Verify Section 23 in source document →
Purpose: Section 23 imposes an absolute prohibition on permits that could lead to hazardous waste entering Antarctica. This reflects Singapore’s commitment to protecting the fragile Antarctic environment from pollution, consistent with international environmental protection principles.
"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." — Section 24(1)
Verify Section 24 in source document →
Purpose: Section 24 authorizes the imposition of fees for permit applications and related notices. This provision helps defray administrative costs associated with regulating hazardous waste movements and incentivizes compliance by attaching a financial cost to permit processing.
Definitions in Part 3
The text of Part 3 does not provide explicit definitions for terms used within this Part.
"No definitions are provided in the text of Part 3." — Part 3
Verify source in source document →
Purpose: The absence of definitions in Part 3 suggests that terms such as "hazardous waste," "import," "export," and "transit" are likely defined elsewhere in the Act or rely on internationally accepted definitions under the Basel Convention. This approach avoids redundancy and ensures consistency with international standards.
Penalties for Non-Compliance in Part 3
The provided text does not specify penalties for non-compliance within Part 3 of the Act.
"No penalties for non-compliance are specified in the text of Part 3." — Part 3
Verify source in source document →
Purpose: The omission of penalty provisions in Part 3 indicates that enforcement mechanisms and sanctions are likely detailed in other parts of the Act. This separation allows Part 3 to focus on regulatory powers and procedures, while enforcement provisions are centralized elsewhere for clarity and coherence.
Cross-References to Other Acts and Provisions
Part 3 contains several cross-references that link its regulatory framework to international agreements and other sections of the Act, ensuring a cohesive legal structure.
"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." — Section 17
Verify Section 17 in source document →
"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." — Section 19(1)
Verify Section 19 in source document →
"This section does not, by implication, limit sections 17 and 48." — Section 18(3)
Verify Section 18 in source document →
"This section does not, by implication, limit sections 19 and 48." — Section 20(3)
Verify Section 20 in source document →
Purpose: These cross-references clarify that the regulatory powers under Sections 17 and 19 are not limited by the procedural provisions in Sections 18 and 20, respectively. Additionally, the mention of Section 48 suggests further relevant provisions elsewhere in the Act. This ensures that the regulatory framework is comprehensive and that no provision is interpreted to restrict the Minister’s broader powers to regulate hazardous waste movements.
Conclusion
Part 3 of the Hazardous Waste (Control of Export, Import and Transit) Act 1997 establishes the legal foundation for Singapore’s implementation of international hazardous waste control agreements, primarily the Basel Convention and Article 11 arrangements. The Minister’s power to make detailed regulations ensures that hazardous waste imports, exports, and transit are strictly controlled through a permit system administered by the Director-General. The prohibition on waste entering Antarctica and the ability to impose fees further demonstrate Singapore’s commitment to environmental protection and effective regulatory administration. While Part 3 does not contain definitions or penalty provisions, it integrates with other parts of the Act and international law to form a robust hazardous waste control regime.
Sections Covered in This Analysis
- Section 17
- Section 18
- Section 19
- Section 20
- Section 23
- Section 24
- Part 3 (general references)
Source Documents
For the authoritative text, consult SSO.