Page:Hazardous Waste (Control of Export, Import and Transit) Act 1997.pdf/51

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THE SCHEDULE—continued 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 1. For the purpose of this Convention, any transboundary movement of hazardous wastes or other wastes:
 * (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.

2. In the case of a transboundary movement of hazardous wastes or other wastes deemed to be illegal traffic as the result of conduct on the part of the exporter or generator, the State of export shall ensure that the wastes in question are:
 * (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.

3. In the case of a transboundary movement of hazardous wastes or other wastes deemed to be illegal traffic as the result of conduct on the part of the importer or disposer, the State of import shall ensure that the wastes in question are disposed of in an environmentally sound manner by the importer or disposer or, if necessary, by itself within 30 days from the time the illegal traffic has come to the attention of the State of import or such other period of time as the States concerned may agree. To