Skip to content

Singapore legislation

Regulation 9

of Hazardous Waste (Control of Export, Import and Transit) Regulations 1998

Regulation 9

Grant of import permits and export permits

Subregulation 1

Subject to this Part, the Director‑General may grant the export permit or import permit sought by a permit application if the Director‑General is satisfied —

(a)

that dealing with the hazardous or other waste concerned in accordance with the import proposals or export proposals would be consistent with the environmentally sound management of the waste;

(b)

if the permit sought is a Basel export permit authorising the export of hazardous or other waste to a particular foreign country —

(i)

that the competent authority of the country has given written consent to the grant of the permit; and

(ii)

that the consent was given in accordance with Article 6 of the Basel Convention;

(c)

if the permit sought is a special export permit under a set of Article 11 regulations authorising the export of hazardous or other waste to a particular foreign country —

(i)

that the competent authority of the country has given written consent to the grant of the permit; and

(ii)

that the consent was given in accordance with the corresponding Article 11 arrangement;

(d)

if the permit sought is an export permit, that the hazardous or other waste will be allowed to be transported through any foreign country through which the waste is proposed to be transported;

(e)

if the permit sought is an import permit authorising the import of hazardous or other waste into Singapore for re‑use or for a reprocessing, recycling or recovery operation, that the waste is required as a raw material for such re‑use or operation in Singapore;

(f)

that, having regard to —

(i)

the applicant’s financial viability;

(ii)

the applicant’s previous record in relation to environmental matters; and

(iii)

any other relevant matters,the applicant is a suitable person to be granted the permit;

(g)

if the Director‑General decides that an emergency action plan is necessary, that the applicant has such a plan and that the plan is adequate to deal with any accidental discharge or spillage of the hazardous or other waste;

(h)

that the applicant has the appropriate insurance; and

(i)

if the Director‑General so requires, that the applicant has given or caused to be given, one or more appropriate guarantees or security deposits in respect of compliance by the applicant with his or her obligations under, or arising out of, the Act or these Regulations.

Subregulation 2

An import permit or export permit must not be granted under paragraph (1) —

(a)

if the Director‑General thinks that it would not be in the public interest to grant the permit;

(b)

if the Director‑General thinks that there is another way in which the hazardous or other waste could be dealt with that would be consistent with the environmentally sound management of waste and having regard to Singapore’s international obligations, the waste should be dealt with in that other way rather than in accordance with the import proposals or export proposals;

(c)

if the Director‑General is satisfied that the grant could result in hazardous or other waste being brought into Antarctica;

(d)

if the export sought is to, or the import sought is from, a foreign country that is neither a party to the Basel Convention nor a party to an Article 11 arrangement;

(e)

where the permit sought is a Basel export permit, if —

(i)

the foreign country to which the waste is sought to be exported has given a notification in accordance with Article 4.1 (a) of the Basel Convention of its decision to prohibit all imports of hazardous or other wastes;

(ii)

having regards to the requirements of Article 6.3 (b) of the Basel Convention, the Director‑General thinks that it would not be appropriate to grant the permit; or

(iii)

the Director‑General thinks that the hazardous or other waste could be disposed of in an environmentally sound and efficient manner by using a facility in Singapore; or

(f)

where the permit sought is an import permit, if the Director‑General thinks that the foreign country from which the waste is sought to be imported has the facilities, capacity or disposal sites that would allow disposal of the waste in an environmentally sound manner.