Two national legislations regulate transboundary movement of waste (in broad sense) in Japan. One is the Law for the Control of Export, Import and Others of Specified Hazardous Wastes and Other Wastes (hereinafter “Basel Law”). The other is the Waste Management and Public Cleansing Law (hereinafter “Waste Management Law”). The two legislations define waste in different ways, and control transboudary movement of waste independently. Definition of “waste” under the Basel Law is exactly same as that under the Basel Convention. On the other hand, the Waste Management Law defines "waste" as “refuse, bulky refuse, ashes, sludge, excreta, waste oil, waste acid and alkali, carcasses and other filthy and unnecessary matter, which are in solid or liquid state (excluding radioactive waste and waste polluted by radioactivity)”.If a cargo is “waste” under the Waste Management Law and “hazardous waste” under the Basel Convention, the cargo is subject to both laws independently.

 

 

Hazardous wastes defined by the Basel Law are as follows: A. The following materials which are exported or imported for the disposal operations listed in Annex IV of the Basel Convention. 1. Materials listed in Annex I of the Convention and having one or more hazardous characteristics listed in Annex III of the Convention; 2. Materials listed in Annex II of the Convention; 3. Materials to be notified to the Secretariat of the Convention by the Government of Japan through the designation by the Cabinet Order in accordance with Section 1 or 2 of Article 3 of the Convention; and 4. Materials informed by the Secretariat of the Convention in accordance with Section 3 of Article 3 of the Convention. B. Materials, exportation, importation, transportation (including storage) and disposal of which must be regulated based on bilateral, multilateral or regional agreements or arrangements defined in Article 11 of the Convention. (The Waste Management Law also defines hazardous waste as “Special Control Waste (hereinafter SCW)” independently, but import/export regulations under the Waste Management Law do not differ between SCW and non-SCW.)