EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 253
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. 2)
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 a proposed export of hazardous waste, of 50 tonnes to Germany, 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.
The Office of Regulatory Review was consulted in the making of these Regulations and they advised that no Regulation Impact Statement was required.
Stakeholders, including state and territory environment departments, the Hazardous Waste Technical Group and the Hazardous Waste Policy Reference Group were advised in the early 2001 that there would be a need to move this waste at regular intervals in the future. At their regular meetings, stakeholders are provided with a list of permits that are under consideration, granted or refused.
The making of these Regulations is also intended to make the process of deciding what are ‘exceptional circumstances’ totally transparent.
Details of the Regulations are set out in the Attachment.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
ATTACHMENT
Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 2)
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. 2).
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 type of the containers in which the waste will be stored and transported, the port of loading and how the facility overseas will dispose of the waste. The existing regulation 5A describes shipments which did not proceed as the applications were withdrawn. This regulation is now redundant and will be replaced with particulars of the proposed shipments.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 2) were enacted to address the need to specify the details required for the export of hazardous waste under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This Act was established to fulfil Australia’s commitments under the Basel Convention, which governs the transboundary movement of hazardous waste. The 2005 Amendment Regulations were introduced to provide explicit details for a particular export of hazardous waste, which consists of a solution containing potentially explosive compounds, to Germany for final disposal. This export is necessary as the waste cannot be disposed of in an environmentally sound manner within Australia. The policy objective of these regulations is to ensure transparency in the decision-making process for determining 'exceptional circumstances' and to make the export process compliant with the requirements of the Basel Convention.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 2) amends the existing Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 to specify the particulars required for the export of hazardous waste, in this instance a solution containing potentially explosive compounds, to Germany for final disposal. This regulation applies to the entities or persons intending to export the hazardous waste and is directly tied to the implementation of Australia's commitments under the Basel Convention. The geographic scope of these Regulations is national, as they pertain to the regulation of hazardous waste exports and imports across Australia. They specifically target hazardous waste destined for final disposal overseas, thereby extending the Act’s application to international transactions involving hazardous materials. The Regulations do not explicitly state exclusions or thresholds, but they do impose stringent conditions on the export of hazardous waste, ensuring that the waste can only be exported under very specific and controlled circumstances. These Regulations are complemented by subordinate instruments which further detail the conditions and particulars necessary for the Minister to grant a Basel Export Permit.
Key Provisions
The Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2005 (No. 2) serve to update and specify the details required for the export of hazardous waste from Australia, as per the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Regulation 5A (Schedule 1, item [1]) is particularly significant as it replaces the existing regulation 5A, which previously covered shipments that did not proceed. This new regulation 5A mandates detailed particulars concerning the nature of the hazardous waste intended for export, the current storage arrangements, the quantity of waste, the type of containers to be used for storage and transport, the port of loading, and the method of disposal at the overseas facility. These specifications are crucial for the Minister to assess whether the export aligns with Australia's obligations under the Basel Convention.
The Regulations impose specific obligations on the entities involved in the export of hazardous waste. For example, entities must provide detailed information about the hazardous waste, its storage, transportation, and disposal, as outlined in regulation 5A. This requirement ensures that all stakeholders, including state and territory environment departments and relevant technical and policy groups, are kept informed and involved in the decision-making process. Additionally, these entities must adhere to the conditions stipulated in the Basel Export Permit, ensuring that the export complies with both national and international environmental standards.
Breaches of the provisions outlined in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and the accompanying Regulations can lead to severe consequences. Under the Act, offences may include unauthorised export of hazardous waste, failure to comply with permit conditions, or providing false or misleading information. The penalties for such breaches can be substantial. For instance, individuals may face fines of up to $220,000, while corporations may incur penalties of up to $1,100,000. These penalties underscore the importance of compliance with the Act and Regulations to prevent environmental harm and uphold international obligations.