Notice Application Received From Umicore Australia Limited to Export Crude Zinc Skimmings and Zinc Ashes to Belgium for Metals Recovery

Overview

The Notice of Applications Received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 serves to inform the public and relevant stakeholders that applications AUH16-001 and AUH16-002 have been submitted by Umicore Australia Limited for the export of specified quantities of hazardous waste to Belgium. This notice is issued in compliance with section 33 of the Act, which mandates public notification of such applications. The applications pertain to the export of up to 3000 tonnes of crude zinc skimmings and 3000 tonnes of zinc fines, both classified under Basel Code 1080, for recycling operations at Rezinal NV and Umicore NV in Belgium. The primary purpose of this notification is to allow interested parties to lodge written comments on the proposed export within a 28-day period. These comments should be directed to the Director of the Hazardous Waste Section at the Department of the Environment, either by post or email, and must avoid including any commercial-in-confidence information. The enactment of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 by the Commonwealth Parliament aimed to address the problem of hazardous waste trafficking and ensure that hazardous waste is managed in a manner that protects human health and the environment, aligning with the policy objectives of international agreements such as the Basel Convention.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to export or import hazardous waste, encompassing all industries that deal with such materials. This Act is of Commonwealth jurisdiction and extends its reach across the entire nation, ensuring a unified approach to the regulation of hazardous waste exports and imports. The applications under this Act, such as AUH16-001 and AUH16-002, are received by the Department of the Environment and pertain to specific transactions involving hazardous substances. In these instances, Umicore Australia Limited has applied for permits to export up to 3000 tonnes of crude zinc skimmings and zinc fines to Belgium. The applications specify the Basel Code for these wastes, indicating their classification under the Basel Convention. The Act allows for public comments on such applications, which must be submitted within 28 days of the notice publication, ensuring transparency and community engagement in hazardous waste management decisions. While the Act aims to regulate these activities comprehensively, it does not detail specific exclusions or exemptions, leaving the interpretation and application to be potentially extended or restricted through subordinate instruments or administrative decisions.

Key Provisions

The primary operative sections of the notice are detailed in section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This section mandates that notice be given when applications for the export of hazardous waste have been received. The notice specifies that applications AUH16-001 and AUH16-002 from Umicore Australia Limited have been submitted for the export of up to 3000 tonnes of crude zinc skimmings and 3000 tonnes of zinc fines to Belgium. These applications are for recycling operations at Rezinal NV and Umicore NV, respectively. The notice further outlines the obligations for interested parties, including the requirement to lodge written comments regarding the permit applications with the Department of the Environment within 28 days of the notice’s publication. It advises that these comments should be directed to the Director of the Hazardous Waste Section at a specified address or emailed to a designated email address. It is important for respondents to note that their comments will be shared with the applicant and should not include any commercial-in-confidence information. In terms of potential consequences, the Act does not explicitly detail offences or penalties for non-compliance with the notice provisions. However, the overarching legislation under which this notice operates may impose penalties for breaches related to the export and import of hazardous waste. These penalties can include fines and imprisonment, depending on the severity of the breach and the specific provisions of the Act that are contravened. The maximum penalties for offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can be significant, reflecting the serious nature of mishandling hazardous materials. Moreover, the notice is signed by Andrew McNee, who is the Delegate to the Minister and Assistant Secretary of the Chemicals and Waste Branch, dated 13 January 2016. This formal attestation underscores the legal and administrative importance of the notice and the applications it concerns. The clear and detailed nature of the notice aims to ensure transparency and public participation in the decision-making process regarding hazardous waste exports.