NOTICE OF APPLICATION TO VARY A PERMIT RECEIVED UNDER THE
HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that Caltex Australia Pty Ltd, 2 Market Street, Sydney, New South Wales 2000, has submitted an application to vary a permit, notice of which was published on 19 June 2013 in the Commonwealth of Australia Gazette, No GN 24.
The application relates to the export of up to 400 tonnes of spent precious metal catalysts from Caltex’s facilities in New South Wales (Caltex Refineries (NSW) Pty Ltd, 2 Solander Street, Kurnell 2231) and Queensland (Caltex Refineries (QLD) Pty Ltd, South Street, Lytton 4178) to Sabin Metal West Corporation (Sabin), 15-12th Avenue East, Williston, North Dakota, 58802, in the United States of America. The material is destined for recovery operation R8 - Recovery of components from catalysts.
The application, as varied, proposes that the waste will be transported by road from Caltex’s facilities and will leave Australia by ship from New South Wales and Queensland. The waste will travel through Melbourne and Adelaide before exiting Australia, and will then transit through Auckland in New Zealand, Suva in Fiji, and Honolulu and Oakland in the United States of America, before arriving at the port of Tacoma, Washington in the United States of America. The waste will be transported by road from the port of Tacoma, Washington to the Sabin facility.
The transboundary movement would take place in up to twenty-four (24) shipments during the time period stated in the permit, if granted.
Andrew McNee
Assistant Secretary
Environment Protection Branch
5 July 2013
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 within Australia. This legislation was introduced by the Parliament of Australia with the policy objective of ensuring that the movement of hazardous waste across borders is managed in a manner that protects both human health and the environment. The Act provides a regulatory framework that facilitates the safe handling, transport, and disposal of hazardous waste, whilst also ensuring compliance with international obligations under agreements such as the Basel Convention. The Act operates by requiring entities to obtain permits for the export and import of hazardous waste, thereby allowing the government to monitor and control these activities closely. This regulatory approach aims to prevent the illegal traffic of hazardous waste and to ensure that any transboundary movement is conducted in a way that minimises potential risks to health and the environment.
Scope and Application
The notice of application to vary a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Caltex Australia Pty Ltd and concerns the export of hazardous waste from its facilities in New South Wales and Queensland to Sabin Metal West Corporation in North Dakota, USA. The Act regulates the export and import of hazardous waste, ensuring that such movements are managed in a manner that protects human health and the environment. The application involves the export of spent precious metal catalysts intended for recovery operations. The Act applies to entities involved in the transboundary movement of hazardous waste, and the specified geographic reach of this Act is national, extending to interstate and international movements of hazardous waste. The application must comply with all stipulated conditions and regulations to ensure that the waste is managed in a safe and environmentally sound manner during its transport and recovery process. There are no exclusions or exemptions mentioned in the notice, implying that the application is subject to the full scope of the regulatory framework set out by the Act. The application process may be further detailed or adjusted through subordinate instruments or regulations as necessary to address specific circumstances or compliance requirements.
Key Provisions
Under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the legislation mandates that any application to vary a permit must be notified and subsequently published in the Commonwealth of Australia Gazette. In this instance, Caltex Australia Pty Ltd has lodged an application to modify an existing permit concerning the export of up to 400 tonnes of spent precious metal catalysts. This application was formally published on 19 June 2013 in Gazette No GN 24. The application pertains to the export of hazardous waste from Caltex's facilities in New South Wales and Queensland to Sabin Metal West Corporation in North Dakota, USA, for the purpose of recovering components from catalysts.
The obligations imposed by the Act on Caltex Australia Pty Ltd and Sabin Metal West Corporation are substantial and multifaceted. Caltex, as the applicant and exporter, must ensure that all relevant information regarding the waste, its transportation, and the intended recovery operations are disclosed accurately in the application. The Act also requires Caltex to comply with any additional terms or conditions imposed by the relevant authorities when the permit is granted. Sabin, as the importer, must ensure that it has the appropriate facilities and procedures in place to handle and recover the hazardous waste in accordance with local and international regulations. Both parties must ensure that the transboundary movement of the hazardous waste is conducted in a manner that does not pose a risk to human health or the environment.
Failure to comply with the requirements of the Act can result in severe consequences. For example, Section 48 of the Act outlines various offences related to the unauthorised export of hazardous waste, including fines and imprisonment. The maximum penalty for an individual involved in the unauthorised export of hazardous waste can be up to $5.5 million or imprisonment for up to 25 years, or both. For corporations, the penalties can be even more substantial, with fines potentially reaching up to $27.5 million. These penalties reflect the serious nature of mishandling hazardous waste and the need for strict adherence to regulatory frameworks designed to protect public health and the environment.