EXPLANATORY STATEMENT
Select Legislative Instrument 2008 No. 231
ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND THE ARTS
Hazardous Waste (Regulation of Exports and Imports) Act 1989
Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2008 (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 a proposed export of hazardous waste to Denmark for final disposal. The hazardous waste consists of: hexachlorobenzene and process residue related to hexachlorobenzene; and packaging containers and construction and demolition waste which contain residues of, or are contaminated by, hexachlorobenzene and similar chlorinated hydrocarbons. Hexachlorobenzene is highly toxic. The proposed export is estimated to weigh up to 6,100 tonnes.
The export application will be assessed under the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, and will take into account the views of stakeholders. The decision to grant a permit must consider whether there are exceptional circumstances to do so.
The making of these Regulations is also intended to make the process of deciding what are ‘exceptional circumstances’ totally transparent.
Consultation on the Regulations is not required as the amendments are of a machinery nature and do not substantially alter existing arrangements.
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 2008 (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 2008 (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 inserts a new regulation 5C, 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.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2008 (No. 1) were enacted to provide specific details required under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which implements Australia’s commitments under the Basel Convention. These regulations address a gap in the existing legislative framework by specifying the particulars of a proposed export of hazardous waste to Denmark for final disposal. The regulations were issued by authority of the Minister for the Environment, Heritage and the Arts and aim to ensure the transparent and informed decision-making process regarding the export of hazardous materials, which includes hexachlorobenzene and other similarly hazardous substances. The primary policy objective is to facilitate the export of hazardous waste under strict regulatory oversight, ensuring that any such exports are conducted in a manner that minimises environmental and health risks both in Australia and the destination country.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2008 (No. 1) amends the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 to specify the particulars required for the export of hazardous waste to Denmark for final disposal. These particulars include the nature of the hazardous waste, its storage arrangements, the quantity, the type of containers, the port of loading, and the method of disposal at the overseas facility. The Regulations apply to the Minister for the Environment, Heritage and the Arts, who is responsible for granting a Basel Export Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, and to any entity seeking to export hazardous waste to Denmark. The Act itself applies to the export and import of hazardous waste and is in effect across the Commonwealth of Australia, with the Regulations extending the application to specify details of the proposed export to Denmark. The Regulations do not apply to other countries or types of waste, and the exclusions or exemptions are not specified within the text provided. The Regulations are made under the authority of the Act and commence on the day after they are registered on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Amendment Regulations 2008 (No. 1) (the Regulations) focus on specifying the details required for the export of hazardous waste to Denmark for final disposal (Regulation 5C). These particulars include the nature of the hazardous waste, its present storage arrangements, quantity, type of containers, port of loading, and the method of waste disposal overseas (Schedule 1, Regulation 5C). The Regulations are designed to ensure that the export of hazardous waste is conducted in a manner that aligns with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) and Australia’s commitments under the Basel Convention.
Under these Regulations, the entities involved in the export of hazardous waste must provide comprehensive details about the waste and its management. Specifically, they are required to disclose the nature of the hazardous waste, its current storage conditions, the total quantity, the type of containers used for storage and transport, the designated port of loading, and the planned disposal method in Denmark (Schedule 1, Regulation 5C). This level of detail ensures transparency and allows for thorough assessment by the relevant authorities, particularly the Minister, when deciding whether to grant a Basel Export Permit.
Failure to comply with the provisions of the Regulations can result in severe consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, any non-compliance with the detailed requirements could potentially lead to the refusal of a permit under the Act. Additionally, there may be implications under other related legislation or international obligations, which could result in legal action or other administrative penalties. The overarching goal of these Regulations is to ensure that the export of hazardous waste is managed in a way that protects both the environment and public health.
The Regulations emphasise the importance of transparency in the decision-making process for granting export permits for hazardous waste. By specifying the particulars required for the export, the Regulations aim to ensure that all stakeholders, including the Minister, have the necessary information to make informed decisions. This transparency helps to uphold the integrity of the permitting process and aligns with the objectives of the Basel Convention and the Act, which seek to control and minimise the risks associated with the movement of hazardous waste across international borders.