Notice of application (AUH16-026) received from Viva Energy Refining Pty Ltd to export spent catalysts to the United States of America

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control over the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The Act provides a framework for the regulation of hazardous waste movements across borders, aligning Australia’s practices with international standards set by the Basel Convention. This legislative measure was introduced by the Parliament of Australia to mitigate the risks associated with the transboundary movement of hazardous waste, ensuring that such waste is managed in an environmentally sound manner. The policy objective of the Act is to prevent illegal traffic and dumping of hazardous waste while facilitating environmentally sound management practices for hazardous waste that needs to be exported or imported.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the management of hazardous waste exports and imports in Australia, ensuring they are handled in an environmentally sound manner and in accordance with international agreements, notably the Basel Convention. This Act pertains to individuals and entities involved in the export or import of hazardous waste, requiring them to obtain a permit from the relevant authorities. In the case of Viva Energy Refining Pty Ltd, the application pertains to the export of up to 49,234 kilograms of spent catalysts to the United States for recovery operations, specifically recycling metals and recovering components from catalysts. The geographical reach of the Act is national, as it governs hazardous waste management practices across all states and territories in Australia. There are no explicit exclusions or exemptions mentioned in the provided notice, and the permit process applies to all qualifying exports and imports of hazardous waste. The application of the Act can be further detailed and extended through subordinate instruments, which provide additional regulations and guidelines for compliance.

Key Provisions

The notice informs that an application (AUH16-026) has been received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as required by section 33 of the Act. The application, submitted by Viva Energy Refining Pty Ltd, pertains to the proposed export of up to 49,234 kilograms of spent catalysts containing platinum and palladium on an alumina substrate, contaminated with hydrocarbons, to the United States. The catalysts are subject to Basel Code 2030 and are intended for recovery operations at Sabin Metal West Corp, including recycling of metals and metal compounds (R4) and recovery of components from catalysts (R8). The notice specifies the address and contact details for Viva Energy Refining Pty Ltd, which is located in Geelong, Victoria. The Act imposes specific obligations on the entities it governs. Section 33 of the Act mandates that anyone seeking to export hazardous waste must submit an application to the Department of the Environment. This application must include detailed information about the waste, the intended recovery operations, and the destination of the export. Viva Energy Refining Pty Ltd has fulfilled this requirement by submitting application AUH16-026 with comprehensive details of the export. Additionally, the Act requires that any written comments on the permit application must be lodged with the Department within 28 days of the publication of this notice. The notice also advises that these comments will be shared with the applicant and should not include commercial-in-confidence information. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in various legal consequences. If an entity exports hazardous waste without the necessary permit or fails to comply with the conditions set out in the permit, they may be subject to civil and criminal penalties. Under the Act, offences can attract substantial penalties. For example, individuals can be fined up to $330,000, while corporations can face fines up to $1.65 million. These penalties are intended to enforce compliance with the Act and to ensure the safe and environmentally sound management of hazardous waste. The enforcement of these penalties is overseen by the Department of the Environment, which has the authority to take action against non-compliant entities.