If circumstances/conditions ennumerated in paragraph 1 do not apply, the
regulatory authority can permit the exportation of hazardous wastes or other
wastes after the fulfillment of the following conditions:
a) the exporter must inform the Regulatory Authority of the exact
nature of the waste to be exported
b) After approval by the Regulatory Authority, it will notify or ask
the genertor to notify, in writing, the competent authority of the
States concerned, in a language acceptable to it, of the proposed
tansboundary movement
Such notification shall contain detailed information on: the reason for
waste export, the generator, the exporter, the disposer, the carrier,
projected date of shipment and arrival, mode of transport, insurance,
designation and physical description of the waste, type of packaging
envisaged, estimated quantity, method of disposal, and contractual
details between the exporter and the importer.
c) The Regulatory Authority will allow the shipment of the wastes only
after receiving the written consent of the States concerned and the
confirmation of the existence of a contract between the exporter and
the disposer specifying environmentally sound management of the waste
in question. But in the case of a transit-State which has either no
policy of granting written consent in such cases, or has waived the
requirement of written consent, "tacit consent" shall be presumed after
60 days of acknowleged receipt (by the transit-State) of the request
from the Regulatory Authority (for consent) so long as no other
conditions are imposed or objections raised by the transit-State in
question during this sixty-day period
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3. If a tansboundary movement of hazardous wastes or other wastes, to which consent of the States concerened has been given, subject to the provision of article.. of this Law, cannot be completed in accordance with the terms of the contract, the Regulatory Authority shall require the exporter to develop an alternative means of environmentally sound disposal of such wastes.