EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 20
ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT AND HERITAGE
Hazardous Waste (Regulation of Exports and Imports) Act 1989
Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 1)
Subsection 62(1) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act implements Australia’s obligations under the Basel Convention, an international treaty set up to control the movement of hazardous waste from one country to another.
Paragraph 18A(2)(a) of the Act states that the Minister may grant a Basel Export Permit authorising the export of hazardous waste destined for final disposal if, at the time of the decision to grant the permit, particulars of the export are specified in the regulations. Specification of these particulars by regulation is a prerequisite to the Minister’s decision-making process.
The purpose of the Regulations is to specify the particulars of two proposed exports of hazardous waste, one of 15 tonnes to Belgium and the other of 50 tonnes to the Netherlands, for final disposal. The hazardous waste consists of a solution containing potentially explosive compounds which cannot be disposed of in an environmentally sound manner within Australia.
Details of the Regulations are set out in the Attachment.
The Regulations commence on the day after they are registered.
ATTACHMENT
Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 1)
Details of the Regulations are:
Regulation 1 provides that the name of these Regulations is the Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 1).
Regulation 2 provides that these Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Regulation 3 provides for Schedule 1 to amend the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996.
Schedule 1 item [1] substitutes a new regulation 5A, which provides particulars of the nature of the hazardous waste proposed for export, present storage arrangements, the quantity, the nature of the containers in which the waste stored and will be transported, the ports of loading and unloading and the addresses of the facilities in Belgium and the Netherlands where the waste will be disposed of by high temperature incineration followed by disposal of all solid residues into specially engineered landfills. The existing regulation 5A describes a shipment which has now occurred. This regulation is now redundant and may be replaced with particulars of proposed shipments.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 1) were enacted to address a specific issue regarding the export of hazardous waste from Australia. This regulation is an amendment to the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which was designed to ensure Australia's compliance with the Basel Convention, an international treaty focused on regulating the movement of hazardous waste between countries. The 2005 Amendment Regulations were introduced under the authority of the Minister for the Environment and Heritage and were necessitated by the need to specify particulars required for the export of hazardous waste to Belgium and the Netherlands. These exports involved hazardous waste, which due to its composition, could not be disposed of safely within Australia. The policy objective of the 2005 Amendment Regulations is to provide the necessary details for the proposed exports to ensure they are carried out in an environmentally sound manner, in line with international obligations.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 1) apply to the export of hazardous waste from Australia, specifically two proposed shipments totalling 65 tonnes of a solution containing potentially explosive compounds. These regulations are made under the authority of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which is designed to implement Australia’s commitments under the Basel Convention, an international treaty aimed at controlling the movement of hazardous waste between countries. The Act applies to any person or entity proposing to export hazardous waste, with the Minister for the Environment and Heritage having the authority to grant a Basel Export Permit for such exports if specific conditions are met. These regulations specify the particulars required for the Minister’s decision-making process concerning the proposed exports to Belgium and the Netherlands, ensuring that the hazardous waste is disposed of in an environmentally sound manner. The regulations amend the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 by substituting a new regulation 5A, detailing the nature of the waste, storage and transportation arrangements, and disposal methods. The regulations come into effect on the day after their registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 1) are found in Schedule 1, item [1], which substitutes a new regulation 5A. This regulation specifies the particulars required for the proposed exports of hazardous waste. Regulation 5A details the nature of the hazardous waste, the present storage arrangements, the quantity of the waste, the nature of the containers, the ports of loading and unloading, and the addresses of the facilities in Belgium and the Netherlands where the waste will be disposed of. These particulars are necessary to comply with the Basel Convention and to enable the Minister to make an informed decision regarding the grant of a Basel Export Permit (Hazardous Waste (Regulation of Exports and Imports) Regulations 1996, reg 5A).
The Regulations impose obligations on the parties involved in the proposed exports of hazardous waste. Specifically, they require the exporters to provide detailed information about the nature of the waste, the storage and transportation arrangements, and the disposal facilities in the destination countries. This includes information on the composition of the hazardous waste, which contains potentially explosive compounds, and how it will be safely transported and disposed of through high-temperature incineration followed by the disposal of solid residues in specially engineered landfills (Hazardous Waste (Regulation of Exports and Imports) Regulations 1996, reg 5A). The exporters must ensure that all details are accurate and comply with the requirements set out in the regulations.
Breach of the requirements set out in the Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 1) may lead to various consequences. Under section 62 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, failure to comply with the regulations can result in the Minister not granting a Basel Export Permit, thereby preventing the export of hazardous waste. Additionally, under section 69 of the Act, any person who exports hazardous waste in contravention of the regulations may be liable to a civil penalty. The maximum penalty for such an offence is $22,200 for individuals and $111,000 for corporations, reflecting the seriousness of non-compliance with hazardous waste regulations (Hazardous Waste (Regulation of Exports and Imports) Act 1989, s 69).