In exercise of the power conferred by Article 83(3) of the Constitution of Brunei Darussalam, His Majesty the Sultan and Yang Di-Pertuan hereby makes the following Order —
PART I PRELIMINARY 1. Citation, commencement and long title. 2. Interpretation. 3. Treatment of colonies etc. 4. Meaning of hazardous and other wastes. 5. Exports and transits to foreign countries — extended meaning of hazardous and other wastes. 6. Transit proposals. 7. Article 11 arrangements. 8. Environmentally sound management of hazardous or other waste. 9. Article 11 arrangements — substances taken to be hazardous or other waste. 10. Article 11 arrangements — substances not classified as hazardous or other waste. 11. Time limit for compliance with permit condition. 12. Exemption of naval vessels, military aircraft etc. 13. Order to bind Government. BRUNEI DARUSSALAM GOVERNMENT GAZETTE PART II ADMINISTRATION 14. Director of Environment, Parks and Recreation. 15. Appointment of authorised officers. PART III IMPORT, EXPORT AND TRANSIT PERMITS 16. Regulations to give effect to Basel Convention. 17. Contents of regulations made to give effect to Basel Convention. 18. Regulations to give effect to Article 11 arrangements. 19. Contents of set of Article 11 regulations. 20. 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. 21. Basel permit to be granted only if corresponding requirements of Article 11 regulations have been met. 22. Prohibition of bringing waste into Antarctica. 23. Applications and notices to be accompanied by fees. PART IV REGULATION OF IMPORT, EXPORT AND TRANSIT OF HAZARDOUS AND OTHER WASTES 24. Prohibition of import. 25. Prohibition of export. 26. Prohibition of bringing waste into Brunei Darussalam in course of carrying out transit proposal. PART V ENFORCEMENT 27. Injunctions. 28. Power to obtain information. 29. Power to control movement of vessels and aircraft etc. 30. Powers of entry and search. 31. General powers of Director on entering or boarding searchable places. 32. Production of Basel permits or special permits and orders. 33. Production of transit permits. 34. Assistance to Director. 35. Obstruction of Director etc. 36. False statements. 37. Part does not limit power to impose permit conditions. PART VI GENERAL 38. Evidentiary certificate — classification of hazardous or other waste. 39. Evidentiary certificate — environmentally sound management of hazardous or other waste. 40. Evidence of analyst. 41. Offences by body corporate. 42. Jurisdiction of Court. 43. Protection from personal liability. 44. Public servants for purposes of Chapter 22. 45. Appeal to Minister. 46. Service of notice etc. 47. Convention countries. 48. Regulations.
PRELIMINARY Citation, commencement and long title.
The long title of this Order is “An Order to provide for the regulation of the export, import and transit of hazardous and other waste, and for other purposes connected therewith”. Interpretation.
“Antarctica” means the area south of 60° 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; "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 shall be 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; "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 Order; "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; "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; "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.
In this Order — (a) a reference to this Order includes a reference to regulations made under this Order; (b) a reference to an offence under this Order includes a reference to an attempt or conspiracy to commit an offence under this Order or an abetment of an offence under this Order; (c) "within the jurisdiction of Brunei Darussalam" means within or over Brunei Darussalam or Brunei Darussalam waters. Treatment of colonies etc.
(a) a territory is covered by either of the following — (i) a colony, overseas territory, overseas province or protectorate of a foreign country; (ii) a territory outside Brunei Darussalam, where a foreign country is to any extent responsible for the international relations of the territory; (b) the foreign country is a party to the Basel Convention; and (c) the territory is not specified in any regulations made under this Order, the territory is taken to be a party to the Basel Convention.
For the purposes of this Order, if a territory is covered by any of the following paragraphs — (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; or (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, a person or an organisation that officially represents the territory is taken to be a competent authority of the territory.
Subsection (2) has effect despite anything in the definition of "competent authority" in section 2(1). Meaning of hazardous and other wastes.
(a) "hazardous waste" means — (i) waste prescribed by any regulations made under this Order, where the waste has any of the characteristics mentioned in Annex III to the Basel Convention; or (ii) waste that belongs to any category contained in Annex I to the Basel Convention, unless it does not possess any of the characteristics contained in Annex III to that Convention; (b) "other waste" means — (i) household waste; or (ii) residues arising from the incineration of household waste, but hazardous and other wastes do not include wastes which derive from the normal operations of a ship and radioactive wastes. Exports and transits to foreign countries — extended meaning of hazardous and other wastes.
(a) to the export or proposed export of a substance or object to a particular foreign country; or (b) to, or to the carrying out of, a transit proposal that involves the taking out of Brunei Darussalam of a substance or object to a particular foreign country. BRUNEI DARUSSALAM GOVERNMENT GAZETTE
If — (a) the foreign country is a party to the Basel Convention; (b) the Minister is satisfied that, under a law of that country that gives effect to the Basel Convention, the particular substance or object is, in particular circumstances, classified as hazardous or other waste; and (c) apart from this section, the particular substance or object is not hazardous or other waste, the Minister shall, by notification in the Gazette, declare that that substance or object is, in those circumstances, hazardous or other waste for those purposes.
If — (a) the Minister is satisfied that the foreign country classifies particular waste collected from the households as hazardous or other waste; and (b) apart from this section, the waste is not hazardous waste, the Minister shall, by notification in the Gazette, declare that that waste is hazardous or other waste for those purposes.
A declaration under this section shall have effect accordingly.
The Minister shall revoke a declaration made under this section if he ceases to be satisfied of the matter referred to in subsection (2)(b) or (3)(a), as the case may be.
The revocation of a declaration shall be published in the Gazette. Transit proposals.
A proposal — (a) to bring hazardous or other waste into Brunei Darussalam for the purpose of being carried to a foreign country either by the same or another conveyance; and (b) if the waste is brought into Brunei Darussalam by sea or air, the carriage is on a through bill of lading or through airway bill, is a transit proposal so long as it is not proposed to dispose of the waste in Brunei Darussalam.
In this section, "through bill of lading" or "through airway bill" means a bill of lading or airway bill, as the case may be, for the consignment of goods from a place outside Brunei Darussalam to a final destination outside Brunei Darussalam without a consignee in Brunei Darussalam. Article 11 arrangements.
(a) Brunei Darussalam has entered into an agreement or arrangement; and (b) the Minister is satisfied that the agreement or arrangement is of a kind mentioned in Article 11 of the Basel Convention, the Minister shall, by notice published in the Gazette, declare that the agreement or arrangement is an Article 11 arrangement for the purposes of this Order.
A declaration under this section shall have effect accordingly.
The Minister shall revoke a declaration made under this section if he ceases to be satisfied of the matter referred to in subsection (1)(b).
A revocation made under subsection (3) shall be published in the Gazette. Environmentally sound management of hazardous or other waste.
Article 11 arrangements — substances taken to be hazardous or other waste.
(a) the import or proposed import of a substance or object from a particular foreign country; (b) the export or proposed export of a substance or object to a particular foreign country; or BRUNEI DARUSSALAM GOVERNMENT GAZETTE (c) to the carrying out of, a transit proposal that involves the taking out of Brunei Darussalam of a substance or object to a particular foreign country.
If — (a) the country is a party to an Article 11 arrangement; (b) the substance or object is subject to notification or control under the arrangement; and (c) apart from this section, the substance or object is not hazardous or other waste, the substance or object is taken to be hazardous or other waste for those purposes. Article 11 arrangements — substances not classified as hazardous or other waste.
(a) the import or proposed import of a substance or object from a particular foreign country; (b) the export or proposed export of a substance or object to a particular foreign country; or (c) to the carrying out of, a transit proposal that involves the taking out of Brunei Darussalam of a substance or object to a particular foreign country.
If — (a) the country is a party to an Article 11 arrangement; and (b) the arrangement expressly provides that the substance or object is not subject to notification or control under the arrangement, the substance or object is taken not to be hazardous or other waste for those purposes. Time limit for compliance with permit condition.
(a) the Director specifies the day on or before which a permit condition relating to a Basel or special permit is to be complied with; and (b) the condition is not complied with on or before that day, the holder of the permit is to be taken to have breached the condition at the end of that day.
For the purposes of this Order, if — (a) under a set of Article 11 regulations, the Minister specifies the day on or before which a permit condition relating to a special permit is to be complied with; and (b) the condition is not complied with on or before that day, the holder of the permit is taken to have breached that condition at the end of that day. Exemption of naval vessels, military aircraft etc.
Order to bind Government.
ADMINISTRATION Director of Environment, Parks and Recreation.
Appointment of authorised officers.
(a) appoint an eligible person to be an authorised officer; or (b) appoint a class of eligible persons to be authorised officers, for the purposes of this Order. BRUNEI DARUSSALAM GOVERNMENT GAZETTE
IMPORT, EXPORT AND TRANSIT PERMITS Regulations to give effect to Basel Convention.
(a) the Basel Convention; and (b) any amendment or protocol to the Basel Convention which has come into force and has been accepted by the Government. Contents of regulations made to give effect to Basel Convention.
(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 for import permits and the granting of import permits by the Director 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 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 the Basel Convention; 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 the Basel Convention.
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.
This section does not, by implication, limit sections 16 and 47. Regulations to give effect to Article 11 arrangements.
(a) an Article 11 arrangement; and (b) an amendment of an Article 11 arrangement.
Regulations made for the purposes of this section shall not come into operation before — (a) the arrangement enters into force, or comes into effect, for Brunei Darussalam; or (b) the amendment enters into force, or comes into effect, for Brunei Darussalam, as the case requires.
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 known as a set of Article 11 regulations. Contents of set of Article 11 regulations.
(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; (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.
A set of Article 11 regulations may provide for — BRUNEI DARUSSALAM GOVERNMENT GAZETTE (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.
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.
(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.
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 (b) is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
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.
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.
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.
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.
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.
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 — BRUNEI DARUSSALAM GOVERNMENT GAZETTE (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.
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. Basel permit to be granted only if corresponding requirements of Article 11 regulations have been met.
(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 shall not grant the permit unless he is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal.
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 (b) is declared by the regulations to be a corresponding requirement for the purposes of this subsection.
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 shall not grant the permit unless he is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal.
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) 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.
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 shall not grant the permit unless he is satisfied that the corresponding requirements of that set of regulations have been met in relation to the proposal.
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 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. BRUNEI DARUSSALAM GOVERNMENT GAZETTE Prohibition of bringing waste into Antarctica.
Applications and notices to be accompanied by fees.
An application or a notice given to the Director under this Order shall be accompanied by the prescribed fee (if any).
If an application or a notice given to the Director under this Order is not accompanied by the prescribed fee (if any), the application or notice is to be taken not to have been received by the Director until the fee has been paid.
The Director 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.
The determination has effect accordingly.
REGULATION OF IMPORT, EXPORT AND TRANSIT OF HAZARDOUS AND OTHER WASTES Prohibition of import.
(a) the person is the holder of an import permit authorising the person to import the waste; (b) the import is authorised by an order made under any regulation made under Part III; or (c) the import has been ordered under any regulation made under Part III.
The holder of an import permit shall not — (a) import the hazardous or other waste to which the permit relates except in accordance with the permit; or (b) whether before or after importing the hazardous or other waste to which the permit relates, breach any of the permit conditions.
A person authorised by an order made under any regulation made under Part III to import hazardous or other waste shall not import or deal with the waste except in accordance with the order.
Any person who contravenes subsection (1), (2) or (3) is guilty of an offence and liable on conviction — (a) in the case of a body corporate, to a fine not exceeding $300,000; or (b) in the case of an individual, to a fine not exceeding $100,000, imprisonment for a term not exceeding 2 years or both. Prohibition of export.
(a) the person is the holder of an export permit authorising the person to export the waste; or (b) the export has been ordered under any regulation made under Part III.
The holder of an export permit shall not — (a) export the hazardous or other waste to which the permit relates except in accordance with the permit; or (b) whether before or after exporting the hazardous or other waste to which the permit relates, breach any of the permit conditions.
Any person who contravenes subsection (1) or (2) is guilty of an offence and liable on conviction — (a) in the case of a body corporate, to a fine not exceeding $300,000; or (b) in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or both. Prohibition of bringing waste into Brunei Darussalam in course of carrying out transit proposal.
BRUNEI DARUSSALAM GOVERNMENT GAZETTE the holder of a transit permit authorising the person to bring the waste into Brunei Darussalam.
The holder of a transit permit shall not — (a) bring into Brunei Darussalam the hazardous or other waste to which the permit relates except in accordance with the permit; (b) take out of Brunei Darussalam the hazardous or other waste to which the permit relates except in accordance with the permit; or (c) whether before or after bringing into Brunei Darussalam the hazardous or other waste to which the permit relates, breach any of the permit conditions.
Any person who contravenes subsection (1) or (2) is guilty of an offence and liable on conviction — (a) in the case of a body corporate, to a fine not exceeding $300,000; or (b) in the case of an individual, to a fine not exceeding $100,000, imprisonment for a term not exceeding 2 years or both.
ENFORCEMENT Injunctions.
Where — (a) a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do anything; and (b) the refusal or failure was, is, or would be, an offence under this Order, the court may, on the application of the Director or any other person, grant an injunction requiring the person to do the thing.
If, in the opinion of the court, it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (1).
The court may discharge or vary an injunction granted under this section.
The power of the court to grant an injunction under this section restraining a person from engaging in any conduct may be exercised — (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is a significant risk of injury or damage to human beings or the environment if the person engages, or continues to engage, in conduct of that kind.
The power of the court to grant an injunction under this section requiring a person to do a thing may be exercised — (a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do the thing; (b) whether or not the person has previously refused or failed to do the thing; and (c) whether or not there is a significant risk of injury or damage to human beings or the environment if the person refuses or fails, or continues to refuse or fail, to do the thing.
Where the Director or any other person makes an application to the court for the grant of an injunction under this section, the court shall not require the Director or that other person, as a condition of the granting of an interim injunction, to give any undertakings as to damages.
The powers conferred on the court under this section are in addition to, and not in derogation of, any other powers of the court. Power to obtain information.
BRUNEI DARUSSALAM GOVERNMENT GAZETTE require for the purpose of exercising and performing his functions, duties or powers under this Order.
A person who — (a) fails without reasonable excuse to comply with any of the requirements of a notice served on him under subsection (1); or (b) in purported compliance with such a notice, makes any statement to the Director which he knows to be incorrect in a material respect or recklessly makes any statement to the Director which is incorrect in a material respect or knowingly omits any material particular, is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both. Power to control movement of vessels and aircraft etc.
(a) a Brunei Darussalam vessel or Brunei Darussalam aircraft; or (b) a vessel or an aircraft that is within the jurisdiction of Brunei Darussalam, hazardous or other waste that is to be, or that has been, imported, exported or the subject of a transit proposal.
If this section applies in relation to a vessel, the Director or an authorised officer may require the master or the person in command or charge, or who appears to be in command or charge, of the vessel to do one or more of the following — (a) ensure that the vessel does not remain within, or does not come within, as the case requires, the jurisdiction of Brunei Darussalam; (b) ensure that the vessel is brought to a specified place to which it is safe and practicable to bring the vessel; (c) ensure that the vessel remains at a specified place until the Director or the authorised officer permits the vessel to leave; (d) arrange for goods being carried on the vessel to be unloaded; (e) ensure that goods being carried on the vessel are not unloaded until the Director or the authorised officer permits their unloading.
If this section applies in relation to an aircraft, the Director or an authorised officer may require the person in command or control, or who appears to be in command or control, of the aircraft to do one or more of the following — (a) ensure that the aircraft does not remain within, or does not come within, as the case requires, the jurisdiction of Brunei Darussalam; (b) ensure that the aircraft is landed at a specified airport at which it is safe and practicable to land the aircraft; (c) ensure that the aircraft remains at a specified airport until the Director or the authorised officer permits the aircraft to leave; (d) arrange for goods being carried on the aircraft to be unloaded; (e) ensure that goods being carried on the aircraft are not unloaded until the Director or the authorised officer permits their unloading.
The Director or an authorised officer may communicate a requirement under this section by means of — (a) an international signal code; (b) if the requirement relates to a vessel, any other internationally recognised means of communication with a vessel; or (c) if the requirement relates to an aircraft, any other internationally recognised means of communication with an aircraft.
Any person who refuses or fails, without reasonable excuse, to comply with a requirement made under this section is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both.
It is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would have endangered the person or any other person. Powers of entry and search.
(a) enter or board a searchable place; and (b) exercise the powers set out in section 31(1) and (2). BRUNEI DARUSSALAM GOVERNMENT GAZETTE without being liable to any legal proceedings or molestation on account of such entry or of anything done in part of that searchable place in pursuance of this Order.
The Director or an authorised officer shall not, pursuant to this section, enter into any dwelling-house in actual occupation, unless with the consent of the occupier thereof or with 6 hours' previous notice to the occupier.
If it is shown to the satisfaction of the court that admission to any searchable place has been refused or that the searchable place is unoccupied or the owner or occupier is absent (whether temporarily or permanent) and that the case is one of urgency, the court may by warrant authorise the Director or an authorised officer to enter the premises, if need be by force.
The Director or an authorised officer who is permitted by this section to enter or board a vessel, an aircraft or a vehicle may, for the purpose of effecting the entry or boarding and for the purpose of exercising any powers that the Director or the authorised officer is permitted to exercise, stop and detain the vessel, aircraft or vehicle. General powers of Director on entering or boarding searchable places.
(a) to search any part of the place; (b) to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any structure, plant, substance or other thing in or on the place; (c) to seal the samples and require the owner of the materials to send the samples to an analyst and to bear any cost and expenses arising from the analysis; (d) to require the owner or analyst to submit the results of the analysis to the Director or the authorised officer; (e) to take extracts from, and make copies of, any document relating to any hazardous or other waste in or on the place; (f) to take such photographs as he thinks necessary for the purposes of this Order; (g) to require any person in or on the place or the relevant person to — (i) answer any question put by the Director or the authorised officer; and (ii) produce any books, records or documents requested by the Director or the authorised officer; (h) to take into or onto the place such equipment and materials as the Director or the authorised officer requires for the purpose of exercising any power in relation to the place.
If the Director or an authorised officer enters or boards the searchable place and finds anything (referred to in this section as the evidence) that may afford evidence of the commission of an offence under this Order, the following shall have effect — (a) the Director or the authorised officer may seize the evidence; (b) the Director or the authorised officer may keep the evidence pending an order of court in regard to the disposal thereof made under this Order, or, if a prosecution for an offence under this Order in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; (c) if the evidence is a book, record or document, while the Director or the authorised officer has possession of the book, record or document, the Director or the authorised officer shall allow the book, record or document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the possession of the Director or the authorised officer.
A person who refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (1)(d) or (g) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both.
It is a reasonable excuse for a person to refuse or fail to answer a question or produce a document if answering the question, or producing the document, might tend to incriminate the person. Production of Basel permits or special permits and orders.
(a) intends to import or export hazardous or other waste; BRUNEI DARUSSALAM GOVERNMENT GAZETTE (b) is importing or exporting hazardous or other waste; or (c) has imported or exported hazardous or other waste.
The Director or an authorised officer may require the suspected person to produce, or to produce evidence of the existence and contents of — (a) a Basel permit or special permit authorising the import or export; or (b) an order made under this Order authorising or requiring the import or export.
Any suspected person who refuses or fails, without reasonable excuse, to comply with the requirement is guilty of an offence and liable on conviction to a fine not exceeding $3,000. Production of transit permits.
(a) intends to carry out a transit proposal; (b) is carrying out a transit proposal; or (c) has carried out a transit proposal.
The Director or an authorised officer may require the suspected person to produce, or to produce evidence of the existence and contents of, a transit permit authorising the carrying out of the transit proposal.
Any suspected person who refuses or fails, without reasonable excuse, to comply with the requirement is guilty of an offence and liable on conviction to a fine not exceeding $3,000. Assistance to Director.
Any relevant person who refuses or fails, without reasonable excuse, to comply with subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both. Obstruction of Director etc.
(a) hinders, obstructs or molests the Director or an authorised officer, in the performance and execution of his duty or of anything which he is empowered or required to do under this Order; (b) interferes with any work authorised to be executed under this Order; or (c) fails to facilitate by all reasonable means the entry and inspection of any searchable place by the Director or an authorised officer or the making of any test which the Director or an authorised officer is empowered under this Order, is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both. False statements.
(a) make a statement that is false or misleading in a material particular; or (b) give to the Director or an authorised officer a document containing information that is false or misleading in a material particular without — (i) indicating to the Director or the authorised officer that the document is false or misleading and the respect in which the document is false or misleading; and (ii) providing correct information to the Director or the authorised officer if the person has, or can reasonably obtain, the correct information.
No person shall, otherwise than in or in relation to an application or a notice under this Order, knowingly or recklessly — (a) make to the Director or an authorised officer doing duty in relation to this Order a statement that is false or misleading in a material particular; or BRUNEI DARUSSALAM GOVERNMENT GAZETTE (b) give to the Director or an authorised officer doing duty in relation to this Order a document containing information that is false or misleading in a material particular without — (i) indicating to the Director or the authorised officer that the document is false or misleading and the respect in which the document is false or misleading; and (ii) providing correct information to the Director or the authorised officer if the person is in possession of, or can reasonably obtain, the correct information.
Any person who contravenes this section is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both.
GENERAL Evidentiary certificate — classification of hazardous or other waste.
(a) for the purposes of this Order; or (b) for the purposes of the application of this Order to a specified matter.
In any proceedings relating to this Order, a certificate issued under subsection (1) is prima facie evidence of the matters stated in the certificate.
A copy of a certificate under subsection (1) shall be published in the Gazette. Evidentiary certificate — environmentally sound management of hazardous or other waste.
waste is, or is not, environmentally sound management of that waste for the purposes of this Order.
In any proceedings relating to this Order, a certificate issued under subsection (1) is prima facie evidence of the matters stated in the certificate.
A copy of a certificate under subsection (1) shall be published in the Gazette. Evidence of analyst.
Subject to subsection (4), a certificate of an analyst appointed under subsection (1) stating that he has analysed or examined a substance and stating the result of his analysis or examination is admissible in evidence in any proceedings for an offence under this Order as prima facie evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.
In this section, a document purporting to be a certificate referred to in subsection (2) on its production by the prosecution shall, unless the contrary is proved, be deemed to be such a certificate.
A certificate referred to in subsection (2) shall not be received in evidence in pursuance of that subsection unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.
Where a certificate of an analyst appointed under subsection (1) is admitted in evidence under subsection (2), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if he had given evidence of the matters stated in the certificate. Offences by body corporate.
(a) the offence was committed without his knowledge, consent or connivance; and BRUNEI DARUSSALAM GOVERNMENT GAZETTE (b) he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Notwithstanding subsection (1), in determining whether a person has exercised all such diligence to prevent the commission of the offence under subsection (1), a court shall have regard to whether the person took any action directed towards ensuring the following (to the extent that the action is relevant to the contravention) that — (a) the body arranges regular professional assessments of the body's compliance with this Order; (b) the body implements any appropriate recommendations arising from such an assessment; (c) the body implements an effective system of hazardous or other waste management, where the system is consistent with the environmentally sound management of the waste; (d) the body has contingency procedures for dealing with an emergency involving hazardous or other waste, where the procedures are directed towards — (i) reducing the risk of injury or damage to human beings or the environment; and (ii) mitigating any such injury or damage; (e) the body's employees, agents and contractors have a reasonable knowledge and understanding of the requirements of this Order, in so far as those requirements affect the employees, agents or contractors concerned. Jurisdiction of Court.
Protection from personal liability.
Public servants for purposes of Chapter 22.
Appeal to Minister.
Service of notice etc.
(a) by delivering it to the person or to some adult member or employee of his family at his nominated address for service or last known place of residence; (b) by leaving it at his nominated address for service or usual or last known place of residence or business in a cover addressed to him; (c) by affixing it to some conspicuous part of his nominated address for service or last known place of residence; (d) by sending it by registered post addressed to the person at his nominated address for service or usual or last known place of residence or business; (e) where the person is a body corporate — (i) by delivering it to the secretary or other like officer of the body corporate at its nominated address for service or registered or principal office; or (ii) by sending it by registered post addressed to the body corporate at its nominated address for service or registered or principal office; or (f) where the person is a body corporate incorporated outside Brunei Darussalam and does not have a registered or principal office in Brunei Darussalam but has an agent in Brunei Darussalam, by delivering it to that agent. BRUNEI DARUSSALAM GOVERNMENT GAZETTE
Any notice, order, document or summons sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person to whom the letter is addressed at the time when the letter would, in the ordinary course of post, be delivered and in proving service of the same it shall be sufficient to prove that the envelope containing the notice, order, document or summons was properly addressed, stamped and posted by registered post.
In this section, "nominated address for service" means the address nominated for service by the person for the purposes of this Order. Convention countries.
For the purposes of this Order, a certificate signed by the Minister stating that a country specified in the certificate but not specified in any order made under subsection (1) which is in force is, or was at a time specified in the certificate, a Convention country shall, upon mere production, be prima facie evidence of that fact. Regulations.
(a) required or permitted by this Order to be prescribed; or (b) necessary to be prescribed for carrying out or giving effect to this Order.
Notwithstanding subsection (1), the regulations may also — (a) empower the Director to determine the type of permit, whether a Basel permit or special permit, to be granted regardless of the type applied for; (b) prescribe the procedure to be followed by the Director and authorised officers in the exercise of their functions under this Order; (c) require the furnishing of information in relation to the import, export or transit of such waste by the holder of a Basel permit or special permit to any authority as may be specified in the regulations; (d) make provision for the Director to give orders or to take action in relation to the dealing of such waste where there is a contravention of the provisions of this Order or any regulations made thereunder or of an order made by him and for the recovery of the costs of any such action taken by the Director; and (e) provide that any person who contravenes the regulations is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
The regulations may amend or add to the Schedule for the purpose of ensuring that the Schedule correctly sets out the English text of the Basel Convention as in force from time to time. SCHEDULE (sections 2 and 48(3)) BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL Note: The following text incorporates corrections made by the Rectifications of 4 November 1992, and 16 May 1994. PREAMBLE The Parties to this Convention, Aware of the risk of damage to human health and the environment caused by hazardous wastes and other wastes and the transboundary movement thereof, Mindful of the growing threat to human health and the environment posed by the increased generation and complexity, and transboundary movement of hazardous wastes and other wastes, Mindful also that the most effective way of protecting human health and the environment from the dangers posed by such wastes is the reduction of their generation to a minimum in terms of quantity and/or hazard potential, Convinced that States should take necessary measures to ensure that the management of hazardous wastes and other wastes including their transboundary movement and disposal is consistent with the protection of human health and the environment whatever the place of their disposal, Noting that States should ensure that the generator should carry out duties with regard to the transport and disposal of hazardous wastes and other wastes in a manner that is consistent with the protection of the environment, whatever the place of disposal, BRUNEI DARUSSALAM GOVERNMENT GAZETTE Fully recognizing that any State has the sovereign right to ban the entry or disposal of foreign hazardous wastes and other wastes in its territory, Recognizing also the increasing desire for the prohibition of transboundary movements of hazardous wastes and their disposal in other States, especially developing countries, Convinced that hazardous wastes and other wastes should, as far as is compatible with environmentally sound and efficient management, be disposed of in the State where they were generated, Aware also that transboundary movements of such wastes from the State of their generation to any other State should be permitted only when conducted under conditions which do not endanger human health and the environment, and under conditions in conformity with the provisions of this Convention, Considering that enhanced control of transboundary movement of hazardous wastes and other wastes will act as an incentive for their environmentally sound management and for the reduction of the volume of such transboundary movement, Convinced that States should take measures for the proper exchange of information on and control of the transboundary movement of hazardous wastes and other wastes from and to those States, Noting that a number of international and regional agreements have addressed the issue of protection and preservation of the environment with regard to the transit of dangerous goods, Taking into account the Declaration of the United Nations Conference on the Human Environment (Stockholm, 1972), the Cairo Guidelines and Principles for the Environmentally Sound Management of Hazardous Wastes adopted by the Governing Council of the United Nations Environment Programme (UNEP) by decision 14/30 of 17 June 1987, the Recommendations of the United Nations Committee of Experts on the Transport of Dangerous Goods (formulated in 1957 and updated biennially), relevant recommendations, declarations, instruments and regulations adopted within the United Nations system and the work and studies done within other international and regional organisations, Mindful of the spirit, principles, aims and functions of the World Charter for Nature adopted by the General Assembly of the United Nations at its thirty-seventh session (1982) as the rule of ethics in respect of the protection of the human environment and the conservation of natural resources, Affirming that States are responsible for the fulfilment of their international obligations concerning the protection of human health and protection and preservation of the environment, and are liable in accordance with international law, Recognizing that in the case of a material breach of the provisions of this Convention or any protocol thereto the relevant international law of treaties shall apply, Aware of the need to continue the development and implementation of environmentally sound low-waste technologies, recycling options, good housekeeping and management systems with a view to reducing to a minimum the generation of hazardous wastes and other wastes, Aware also of the growing international concern about the need for stringent control of transboundary movement of hazardous wastes and other wastes, and of the need as far as possible to reduce such movement to a minimum, Concerned about the problem of illegal transboundary traffic in hazardous wastes and other wastes, Taking into account also the limited capabilities of the developing countries to manage hazardous wastes and other wastes, Recognizing the need to promote the transfer of technology for the sound management of hazardous wastes and other wastes produced locally, particularly to the developing countries in accordance with the spirit of the Cairo Guidelines and decision 14/16 of the Governing Council of UNEP on Promotion of the transfer of environmental protection technology, Recognizing also that hazardous wastes and other wastes should be transported in accordance with relevant international conventions and recommendations, Convinced also that the transboundary movement of hazardous wastes and other wastes should be permitted only when the transport and the ultimate disposal of such wastes is environmentally sound, and Determined to protect, by strict control, human health and the environment against the adverse effects which may result from the generation and management of hazardous wastes and other wastes, HAVE AGREED AS FOLLOWS: ARTICLE 1 SCOPE OF THE CONVENTION
BRUNEI DARUSSALAM GOVERNMENT GAZETTE (a) Wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III; and (b) Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the Party of export, import or transit.
ARTICLE 2 DEFINITIONS For the purposes of this Convention —
for receiving the notification of a transboundary movement of hazardous wastes or other wastes, and any information related to it, and for responding to such a notification, as provided in Article 6;
BRUNEI DARUSSALAM GOVERNMENT GAZETTE
ARTICLE 3 NATIONAL DEFINITIONS OF HAZARDOUS WASTES
ARTICLE 4 GENERAL OBLIGATIONS
(b) Parties shall prohibit or shall not permit the export of hazardous wastes and other wastes to the Parties which have prohibited the import of such wastes, when notified pursuant to sub-paragraph (a) above. (c) Parties shall prohibit or shall not permit the export of hazardous wastes and other wastes if the State of import does not consent in writing to the specific import, in the case where that State of import has not prohibited the import of such wastes.
*(a)* Ensure that the generation of hazardous wastes and other wastes within it is reduced to a minimum, taking into account social, technological and economic aspects; *(b)* Ensure the availability of adequate disposal facilities, for the environmentally sound management of hazardous wastes and other wastes, that shall be located, to the extent possible, within it, whatever the place of their disposal; *(c)* Ensure that persons involved in the management of hazardous wastes or other wastes within it take such steps as are necessary to prevent pollution due to hazardous wastes and other wastes arising from such management and, if such pollution occurs, to minimize the consequences thereof for human health and the environment; *(d)* Ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the minimum consistent with the environmentally sound and efficient management of such wastes, and is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement; *(e)* Not allow the export of hazardous wastes or other wastes to a State or group of States belonging to an economic and/or political integration organisation that are Parties, particularly developing countries, which have prohibited by their legislation all imports, or if it has reason to believe that the wastes in question will not be managed in an environmentally sound manner, according to criteria to be decided on by the Parties at their first meeting; *(f)* Require that information about a proposed transboundary movement of hazardous wastes and other wastes be provided to the States concerned, according to Annex V A, to state clearly the effects of the proposed movement on human health and the environment; *(g)* Prevent the import of hazardous wastes and other wastes if it has reason to believe that the wastes in question will not be managed in an environmentally sound manner; *(h)* Co-operate in activities with other Parties and interested organisations, directly and through the Secretariat, including the dissemination of information on the transboundary movement of hazardous wastes and other wastes, in order to improve the environmentally sound management of such wastes and to achieve the prevention of illegal traffic.
BRUNEI DARUSSALAM GOVERNMENT GAZETTE
(a) Prohibit all persons under its national jurisdiction from transporting or disposing of hazardous wastes or other wastes unless such persons are authorised or allowed to perform such types of operations; (b) Require that hazardous wastes and other wastes that are to be the subject of a transboundary movement be packaged, labelled, and transported in conformity with generally accepted and recognized international rules and standards in the field of packaging, labelling, and transport, and that due account is taken of relevant internationally recognized practices; (c) Require that hazardous wastes and other wastes be accompanied by a movement document from the point at which a transboundary movement commences to the point of disposal.
(a) The State of export does not have the technical capacity and the necessary facilities, capacity or suitable disposal sites in order to dispose of the wastes in question in an environmentally sound and efficient manner; or (b) The wastes in question are required as a raw material for recycling or recovery industries in the State of import; or (c) The transboundary movement in question is in accordance with other criteria to be decided by the Parties, provided those criteria do not differ from the objectives of this Convention.
ARTICLE 5 DESIGNATION OF COMPETENT AUTHORITIES AND FOCAL POINT To facilitate the implementation of this Convention, the Parties shall —
ARTICLE 6 TRANSBOUNDARY MOVEMENT BETWEEN PARTIES
BRUNEI DARUSSALAM GOVERNMENT GAZETTE transboundary movement of hazardous wastes or other wastes. Such notification shall contain the declarations and information specified in Annex V A, written in a language acceptable to the State of import. Only one notification needs to be sent to each State concerned.
(a) The notifier has received the written consent of State of import; and (b) The notifier has received from the State of import confirmation of the existence of a contract between the exporter and the disposer specifying environmentally sound management of the wastes in question.
(a) By the State of export, the requirements of paragraph 9 of this Article that apply to the importer or disposer and the State of import shall apply mutatis mutandis to the exporter and State of export, respectively; (b) By the State of import, or by the States of import and transit which are Parties, the requirements of paragraphs 1, 3, 4 and 6 of this Article that apply to the exporter and State of export shall apply mutatis mutandis to the importer or disposer and State of import, respectively; or (c) By any State of transit which is a Party, the provisions of paragraph 4 shall apply to such State.
ARTICLE 7 TRANSBOUNDARY MOVEMENT FROM A PARTY THROUGH STATES WHICH ARE NOT PARTIES Paragraph 2 of Article 6 of the Convention shall apply mutatis mutandis to transboundary movement of hazardous wastes or other wastes from a Party through a State or States which are not Parties. BRUNEI DARUSSALAM GOVERNMENT GAZETTE ARTICLE 8 DUTY TO RE-IMPORT When a transboundary movement of hazardous wastes or other wastes to which the consent of the States concerned has been given, subject to the provisions of this Convention, cannot be completed in accordance with the terms of the contract, the State of export shall ensure that the wastes in question are taken back into the State of export, by the exporter, if alternative arrangements cannot be made for their disposal in an environmentally sound manner, within 90 days from the time that the importing State informed the State of export and the Secretariat, or such other period of time as the States concerned agree. To this end, the State of export and any Party of transit shall not oppose, hinder or prevent the return of those wastes to the State of export. ARTICLE 9 ILLEGAL TRAFFIC
(a) without notification pursuant to the provisions of this Convention to all States concerned; or (b) without the consent pursuant to the provisions of this Convention of a State concerned; or (c) with consent obtained from States concerned through falsification, misrepresentation or fraud; or (d) that does not conform in a material way with the documents; or (e) that results in deliberate disposal (e.g. dumping) of hazardous wastes or other wastes in contravention of this Convention and of general principles of international law, shall be deemed to be illegal traffic.
(a) taken back by the exporter or the generator or, if necessary, by itself into the State of export, or, if impracticable, (b) otherwise disposed of in accordance with the provisions of this Convention, within 30 days from the time the State of export has been informed about the illegal traffic or such other period of time as States concerned may agree. To this end the Parties concerned shall not oppose, hinder or prevent the return of those wastes to the State of export.
ARTICLE 10 INTERNATIONAL CO-OPERATION
(a) Upon request, make available information, whether on a bilateral or multilateral basis, with a view to promoting the environmentally sound management of hazardous wastes and other wastes, including harmonization of technical standards and practices for the adequate management of hazardous wastes and other wastes; (b) Co-operate in monitoring the effects of the management of hazardous wastes on human health and the environment; BRUNEI DARUSSALAM GOVERNMENT GAZETTE (c) Co-operate, subject to their national laws, regulations and policies, in the development and implementation of new environmentally sound low-waste technologies and the improvement of existing technologies with a view to eliminating, as far as practicable, the generation of hazardous wastes and other wastes and achieving more effective and efficient methods of ensuring their management in an environmentally sound manner, including the study of the economic, social and environmental effects of the adoption of such new or improved technologies; (d) Co-operate actively, subject to their national laws, regulations and policies, in the transfer of technology and management systems related to the environmentally sound management of hazardous wastes and other wastes. They shall also co-operate in developing the technical capacity among Parties, especially those which may need and request technical assistance in this field; (e) Co-operate in developing appropriate technical guidelines and/or codes of practice.
ARTICLE 11 BILATERAL, MULTILATERAL AND REGIONAL AGREEMENTS
take place pursuant to such agreements provided that such agreements are compatible with the environmentally sound management of hazardous wastes and other wastes as required by this Convention. ARTICLE 12 CONSULTATIONS ON LIABILITY The Parties shall co-operate with a view to adopting, as soon as practicable, a protocol setting out appropriate rules and procedures in the field of liability and compensation for damage resulting from the transboundary movement and disposal of hazardous wastes and other wastes. ARTICLE 13 TRANSMISSION OF INFORMATION
(a) Changes regarding the designation of competent authorities and/or focal points, pursuant to Article 5; (b) Changes in their national definition of hazardous wastes, pursuant to Article 3; and, as soon as possible, (c) Decisions made by them not to consent totally or partially to the import of hazardous wastes or other wastes for disposal within the area under their national jurisdiction; (d) Decisions taken by them to limit or ban the export of hazardous wastes or other wastes; (e) Any other information required pursuant to paragraph 4 of this Article.
BRUNEI DARUSSALAM GOVERNMENT GAZETTE (a) Competent authorities and focal points that have been designated by them pursuant to Article 5; (b) Information regarding transboundary movements of hazardous wastes or other wastes in which they have been involved, including — (i) The amount of hazardous wastes and other wastes exported, their category, characteristics, destination, any transit country and disposal method as stated on the response to notification; (ii) The amount of hazardous wastes and other wastes imported, their category, characteristics, origin, and disposal methods; (iii) Disposals which did not proceed as intended; (iv) Efforts to achieve a reduction of the amount of hazardous wastes or other wastes subject to transboundary movement; (c) Information on the measures adopted by them in implementation of this Convention; (d) Information on available qualified statistics which have been compiled by them on the effects of human health and the environment of the generation, transportation and disposal of hazardous wastes or other wastes; (e) Information concerning bilateral, multilateral and regional agreements and arrangements entered into pursuant to Article 11 of this Convention; (f) Information on accidents occurring during the transboundary movement and disposal of hazardous wastes and other wastes and on the measures undertaken to deal with them; (g) Information on disposal options operated within the area of their national jurisdiction; (h) Information on measures undertaken for development of technologies for the reduction and/or elimination of production of hazardous wastes and other wastes; and (i) Such other matters as the Conference of the Parties shall deem relevant.
ARTICLE 14 FINANCIAL ASPECTS
ARTICLE 15 CONFERENCE OF THE PARTIES
BRUNEI DARUSSALAM GOVERNMENT GAZETTE (a) Promote the harmonization of appropriate policies, strategies and measures for minimizing harm to human health and the environment by hazardous wastes and other wastes; (b) Consider and adopt, as required, amendments to this Convention and its annexes, taking into consideration, inter alia, available scientific, technical, economic and environmental information; (c) Consider and undertake any additional action that may be required for the achievement of the purposes of this Convention in the light of experience gained in its operation and in the operation of the agreements and arrangements envisaged in Article 11; (d) Consider and adopt protocols as required; and (e) Establish such subsidiary bodies as are deemed necessary for the implementation of this Convention.
ARTICLE 16 SECRETARIAT
(a) To arrange for and service meetings provided for in Articles 15 and 17; (b) To prepare and transmit reports based upon information received in accordance with Articles 3, 4, 6, 11 and 13 as well as upon information derived from meetings of subsidiary bodies established under Article 15 as well as upon, as appropriate, information provided by relevant intergovernmental and non-governmental entities; (c) To prepare reports on its activities carried out in implementation of its functions under this Convention and present them to the Conference of the Parties; (d) To ensure the necessary coordination with relevant international bodies, and in particular to enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions; (e) To communicate with focal points and competent authorities established by the Parties in accordance with Article 5 of this Convention; (f) To compile information concerning authorised national sites and facilities of Parties available for the disposal of their hazardous wastes and other wastes and to circulate this information among Parties; (g) To receive and convey information from and to Parties on; - sources of technical assistance and training; - available technical and scientific know-how; - sources of advice and expertise; and - availability of resources with a view to assisting them, upon request, in such areas as - - the handling of the notification system of this Convention; - the management of hazardous wastes and other wastes; - environmentally sound technologies relating to hazardous wastes and other wastes, such as low - and non-waste technology; - the assessment of disposal capabilities and sites; - the monitoring of hazardous wastes and other wastes; and - emergency responses; (h) To provide Parties, upon request, with information on consultants or consulting firms having the necessary technical competence in the field, which can assist them to examine a notification for a transboundary movement, the concurrence of a shipment of hazardous wastes or other wastes with the relevant BRUNEI DARUSSALAM GOVERNMENT GAZETTE notification, and/or the fact that the proposed disposal facilities for hazardous wastes or other wastes are environmentally sound, when they have reason to believe that the wastes in question will not be managed in an environmentally sound manner. Any such examination would not be at the expense of the Secretariat; (i) To assist Parties upon request in their identification of cases of illegal traffic and to circulate immediately to the Parties concerned any information it has received regarding illegal traffic; (j) To co-operate with Parties and with relevant and competent international organisations and agencies in the provision of experts and equipment for the purpose of rapid assistance to States in the event of an emergency situation; and (k) To perform such other functions relevant to the purposes of this Convention as may be determined by the Conference of the Parties.
ARTICLE 17 AMENDMENT OF THE CONVENTION
ARTICLE 18 ADOPTION AND AMENDMENT OF ANNEXES
(a) Annexes to this Convention and its protocols shall be proposed and adopted according to the procedure laid down in Article 17, paragraphs 2, 3 and 4; (b) Any Party that is unable to accept an additional annex to this Convention or an annex to any protocol to which it is party shall so notify the Depositary, in writing, within six months from the date of the communication of the adoption by the Depositary. The Depositary shall without delay notify all BRUNEI DARUSSALAM GOVERNMENT GAZETTE Parties of any such notification received. A Party may at any time substitute an acceptance for a previous declaration of objection and the annexes shall thereupon enter into force for that Party; (c) On the expiry of six months from the date of the circulation of the communication by the Depositary, the annex shall become effective for all Parties to this Convention or to any protocol concerned, which have not submitted a notification in accordance with the provision of subparagraph (b) above.
ARTICLE 19 VERIFICATION Any Party which has reason to believe that another Party is acting or has acted in breach of its obligations under this Convention may inform the Secretariat thereof, and in such an event, shall simultaneously and immediately inform, directly or through the Secretariat, the Party against whom the allegations are made. All relevant information should be submitted by the Secretariat to the Parties. ARTICLE 20 SETTLEMENT OF DISPUTES
(a) submission of the dispute to the International Court of Justice; and/or (b) arbitration in accordance with the procedures set out in Annex VI. Such declaration shall be notified in writing to the Secretariat which shall communicate it to the Parties. ARTICLE 21 SIGNATURE This Convention shall be open for signature by States, by Namibia, represented by the United Nations Council for Namibia, and by political and/or economic integration organisations, in Basel on 22 March 1989, at the Federal Department of Foreign Affairs of Switzerland in Berne from 23 March 1989 to 30 June 1989, and at United Nations Headquarters in New York from 1 July 1989 to 22 March 1990. ARTICLE 22 RATIFICATION, ACCEPTANCE, FORMAL CONFIRMATION OR APPROVAL
BRUNEI DARUSSALAM GOVERNMENT GAZETTE inform the Depositary, who will inform the Parties of any substantial modification in the extent of their competence. ARTICLE 23 ACCESSION
ARTICLE 24 RIGHT TO VOTE
ARTICLE 25 ENTRY INTO FORCE
the ninetieth day after the date of deposit by such State or political and/or economic integration organisation of its instrument of ratification, acceptance, approval, formal confirmation or accession.
ARTICLE 26 RESERVATIONS AND DECLARATIONS
ARTICLE 27 WITHDRAWAL
ARTICLE 28 DEPOSITORY The Secretary-General of the United Nations shall be the Depository of this Convention and of any protocol thereto. ARTICLE 29 AUTHENTIC TEXTS The original Arabic, Chinese, English, French, Russian and Spanish texts of this Convention are equally authentic. BRUNEI DARUSSALAM GOVERNMENT GAZETTE IN WITNESS WHEREOF the undersigned, being duly authorised to that effect, have signed this Convention. DONE at Basel on the 22nd day of March 1989. ANNEX I CATEGORIES OF WASTES TO BE CONTROLLED Waste Streams Y1 Clinical Wastes from medical care in hospitals, medical centres and clinics Y2 Wastes from the production and preparation of pharmaceutical products Y3 Waste pharmaceuticals, drugs and medicines Y4 Wastes from the production, formulation and use of biocides and phytopharmaceuticals Y5 Wastes from the manufacture, formulation and use of wood preserving chemicals Y6 Wastes from the production, formulation and use of organic solvents Y7 Wastes from heat treatment and tempering operations containing cyanides Y8 Waste mineral oils unfit for their originally intended use Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions Y10 Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) Y11 Waste tarry residues arising from refining, distillation and any pyrolytic treatment Y12 Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish Y13 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives Y14 Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known Y15 Wastes of an explosive nature not subject to other legislation Y16 Wastes from production, formulation and use of photographic chemicals and processing materials Y17 Wastes resulting from surface treatment of metals and plastics Y18 Residues arising from industrial waste disposal operations Wastes Having as Constituents: Y19 Metal carbonyls Y20 Beryllium; beryllium compounds Y21 Hexavalent chromium compounds Y22 Copper compounds Y23 Zinc compounds Y24 Arsenic; arsenic compounds Y25 Selenium; selenium compounds Y26 Cadmium; cadmium compounds Y27 Antimony; antimony compounds Y28 Tellurium; tellurium compounds Y29 Mercury; mercury compounds Y30 Thallium; thallium compounds Y31 Lead; lead compounds Y32 Inorganic fluorine compounds excluding calcium fluoride Y33 Inorganic cyanides BRUNEI DARUSSALAM GOVERNMENT GAZETTE Y34 Acidic solutions or acids in solid form Y35 Basic solutions or bases in solid form Y36 Asbestos (dust and fibres) Y37 Organic phosphorus compounds Y38 Organic cyanides Y39 Phenols; phenol compounds including chlorophenols Y40 Ethers Y41 Halogenated organic solvents Y42 Organic solvents excluding halogenated solvents Y43 Any congener of polychlorinated dibenzo-furan Y44 Any congener of polychlorinated dibenzo-p-dioxin Y45 Organohalogen compounds other than substances referred to in this Annex (eg. Y39, Y41, Y42, Y43, Y44). ANNEX II CATEGORIES OF WASTES REQUIRING SPECIAL CONSIDERATION Y46 Wastes collected from households Y47 Residues arising from the incineration of household wastes ANNEX III LIST OF HAZARDOUS CHARACTERISTICS | UN Class* | Code | Characteristics | |-----------|------|-----------------| | 1 | H 1 | Explosive | An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. 3 H 3 Flammable liquids The word "flammable" has the same meaning as "inflammable". Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example, paints, varnishes, lacquers, etc, but not including substances or wastes otherwise classified on account of their dangerous characteristics) which give off a flammable vapour at temperatures of not more than 60.5°C, closed-cup, test, or not more than 65.6°C, open-cup test. (Since the results of open-cup tests and of closed-cup tests are not strictly comparable and even individual results by the same test are often variable, regulations varying from the above figures to make allowance for such differences would be within the spirit of this definition.)
Flammable solids Solids, or waste solids, other than those classed as explosives, which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction.
Substances or wastes liable to spontaneous combustion Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up on contact with air, and being then liable to catch fire. BRUNEI DARUSSALAM GOVERNMENT GAZETTE
Substances or wastes which, in contact with water emit flammable gases Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities.
Oxidizing Substances or wastes which, while in themselves not necessarily combustible, may, generally by yielding oxygen cause, or contribute to, the combustion of other materials.
Organic Peroxides Organic substances or wastes which contain the bivalent-O-O-structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition.
Poisonous (Acute) Substances or wastes liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact.
Infectious substances Substances or wastes containing viable micro organisms or their toxins which are known or suspected to cause disease in animals or humans. 8 H8 Corrosives Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or, in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards. 9 H10 Liberation of toxic gases in contact with air or water Substances or wastes which, by interaction with air or water, are liable to give off toxic gases in dangerous quantities. 9 H11 Toxic (Delayed or chronic) Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity. 9 H12 Ecotoxic Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems. 9 H13 Capable, by any means, after disposal, of yielding another material, e.g., leachate, which possesses any of the characteristics listed above. * Corresponds to the hazard classification system included in the United Nations Recommendations on the Transport of Dangerous Goods (ST/SG/AC.10/1/Rev.5, United Nations, New York, 1988). TESTS The potential hazards posed by certain types of wastes are not yet fully documented; tests to define quantitatively these hazards do not exist. Further research is necessary in order to develop means to characterise potential hazards posed to man and/or the environment by these wastes. Standardized tests have been derived with respect to pure substances and materials. Many countries have developed national tests which can be applied to materials listed in Annex I, in order to decide if these materials exhibit any of the characteristics listed in this Annex. BRUNEI DARUSSALAM GOVERNMENT GAZETTE ANNEX IV DISPOSAL OPERATIONS OPERATIONS WHICH DO NOT LEAD TO THE POSSIBILITY OF RESOURCE RECOVERY, RECYCLING, RECLAMATION, DIRECT RE-USE OR ALTERNATIVE USES Section A encompasses all such disposal operations which occur in practice. D1 Deposit into or onto land, (e.g. landfill, etc.) D2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.) D3 Deep injection, (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.) D4 Surface impoundment, (e.g. placement of liquid or sludge discards into pits, ponds or lagoons, etc.) D5 Specially engineered landfill, (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.) D6 Release into a water body except seas/oceans D7 Release into seas/oceans including sea-bed insertion D8 Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations in Section A D9 Physico chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations in Section A, (e.g. evaporation, drying, calcination, neutralisation, precipitation, etc.) D10 Incineration on land D11 Incineration at sea D12 Permanent storage (e.g. emplacement of containers in a mine, etc.) D13 Blending or mixing prior to submission to any of the operations in Section A D14 Repackaging prior to submission to any of the operations in Section A D15 Storage pending any of the operations in Section A B. OPERATIONS WHICH MAY LEAD TO RESOURCE RECOVERY, RECYCLING, RECLAMATION, DIRECT RE-USE OR ALTERNATIVE USES Section B encompasses all such operations with respect to materials legally defined as or considered to be hazardous wastes and which otherwise would have been destined for operations included in Section A R1 Use as a fuel (other than in direct incineration) or other means to generate energy R2 Solvent reclamation/regeneration R3 Recycling/reclamation of organic substances which are not used as solvents R4 Recycling/reclamation of metals and metal compounds R5 Recycling/reclamation of other inorganic materials R6 Regeneration of acids or bases R7 Recovery of components used for pollution abatement R8 Recovery of components from catalysts R9 Used oil re-refining or other reuses of previously used oil R10 Land treatment resulting in benefit to agriculture or ecological improvement R11 Uses of residual materials obtained from any of the operations numbered R1 R12 Exchange of wastes for submission to any of the operations numbered R1 - R11 R13 Accumulation of material intended for any operation in Section B. ANNEX VA INFORMATION TO BE PROVIDED ON NOTIFICATION
BRUNEI DARUSSALAM GOVERNMENT GAZETTE
NOTES
ANNEX VB INFORMATION TO BE PROVIDED ON THE MOVEMENT DOCUMENT
BRUNEI DARUSSALAM GOVERNMENT GAZETTE
NOTES The information required on the movement document shall where possible be integrated in one document with that required under transport rules. Where this is not possible the information should complement rather than duplicate that required under the transport rules. The movement document shall carry instructions as to who is to provide information and fill-out any form.
ANNEX VI ARBITRATION ARTICLE 1 Unless the agreement referred to in Article 20 of the Convention provides otherwise, the arbitration procedure shall be conducted in accordance with Articles 2 to 10 below. ARTICLE 2 The claimant party shall notify the Secretariat that the parties have agreed to submit the dispute to arbitration pursuant to paragraph 2 or 3 of Article 20 and include, in particular, the Articles of the Convention the interpretation or application of which are at issue. The Secretariat shall forward the information thus received to all Parties to the Convention. ARTICLE 3 The arbitral tribunal shall consist of three members. Each of the Parties to the dispute shall appoint an arbitrator, and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the chairman of the tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his usual place of residence in the territory of one of these parties, nor be employed by any of them, nor have dealt with the case in any other capacity. ARTICLE 4
ARTICLE 5
ARTICLE 6
BRUNEI DARUSSALAM GOVERNMENT GAZETTE
ARTICLE 7 The tribunal may hear and determine counter-claims arising directly out of the subject-matter of the dispute. ARTICLE 8 Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its expenses, and shall furnish a final statement thereof to the parties. ARTICLE 9 Any Party that has an interest of a legal nature in the subject-matter of the dispute which may be affected by the decision in the case, may intervene in the proceedings with the consent of the tribunal. ARTICLE 10
Made this 6th. day of Safar, 1435 Hijriah corresponding to the 9th. day of December, 2013 at Our Istana Nurul Iman, Bandar Seri Begawan, Brunei Darussalam. HIS MAJESTY THE SULTAN AND YANG DI-PERTUAN BRUNEI DARUSSALAM Dicetak oleh AWANG HAJI KAMARUL AZAM BIN HAJI MOHAMAD Pemangku Pengarah Percetakan, di Jabatan Percetakan Kerajaan, Bandar Seri Begawan BB3510, Negara Brunei Darussalam. Harga B$5.00