Declaration of Article 11 Arrangement: transboundary movement of hazardous wastes

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control and regulation of the export and import of hazardous wastes in Australia, aligning with international standards and obligations under the Basel Convention. This Act aims to protect the environment and public health by ensuring that hazardous wastes are managed in a manner that minimises risks to human health and the environment. The Parliament of Australia established this legislative framework to implement the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which seeks to reduce the movement of hazardous waste between nations, particularly from developed to less developed countries. The policy objective of the Act is to provide a regulatory mechanism that supports Australia's commitment to the Basel Convention, thereby enhancing the protection of both Australian and international environments from the adverse effects of hazardous waste.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous wastes in Australia, ensuring that these activities comply with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. This legislation imposes obligations on individuals and entities involved in the export or import of hazardous wastes, requiring them to adhere to stringent guidelines and obtain necessary approvals. The Act has a broad jurisdictional reach, governing actions at the Commonwealth level while also ensuring consistency with international agreements. Notably, the Act does not apply to certain waste materials that are specifically excluded from the definition of hazardous waste under the legislation. The scope of the Act can be extended or restricted through subordinate instruments, which may include regulations detailing specific waste categories, handling procedures, and reporting requirements, thereby ensuring that the legislation remains adaptable to new developments and international standards. The declaration of the arrangement between Australia and East Timor under Article 11 of the Basel Convention exemplifies the Act's role in facilitating international cooperation while maintaining stringent controls on hazardous waste movements.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) is a significant piece of legislation in Australia that regulates the export and import of hazardous wastes. One of the main operative sections of the Act is section 4C, which allows the Minister for the Environment and Heritage to declare an arrangement as an Article 11 arrangement. This is precisely what happened in the declaration made by David Alistair Kemp on 9 December 2002, under subsection 4C(1) (section 4C(1)). The declaration recognises the agreement between the Governments of Australia and the Democratic Republic of East Timor concerning the transboundary movement of hazardous wastes, which is considered an Article 11 arrangement under the Basel Convention. Under this Act, the obligations and requirements imposed on the parties or entities it governs are primarily concerned with ensuring that hazardous wastes are managed in an environmentally sound manner and that the movement of such wastes is conducted in a way that minimises risks to human health and the environment. The obligations include adhering to the terms of the Article 11 arrangement, which was declared by the Minister. This means that both Australia and East Timor must comply with the agreed-upon protocols and procedures for the transboundary movement of hazardous wastes, ensuring that such movements are carried out with proper notification, consent, and documentation. The Act also outlines the consequences for breaches of its provisions. Offences under the Act can result in both civil and criminal penalties. For example, knowingly or recklessly contravening the Act can lead to civil penalties, including fines, as outlined in section 13E. The maximum penalty for such offences can be significant, with the precise amount depending on the nature and severity of the breach. In addition to civil penalties, individuals or entities found guilty of more serious breaches, such as knowingly exporting hazardous waste in a manner that endangers human health or the environment, may face criminal charges. These can result in imprisonment, with the maximum penalties varying based on the specific offence and jurisdiction, as detailed in sections 13C and 13D. It is essential for those governed by the Act to understand these obligations and potential consequences to ensure compliance and protect public health and the environment.