Notice of application by E.M.C. SARL to transit electronic waste en route from New Caledonia to Singapore

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of hazardous waste being exported from Australia without proper oversight, and to control the import of hazardous waste into the country. The Act was designed to ensure that any transboundary movement of hazardous waste adheres to the provisions of the Basel Convention, an international treaty aimed at reducing the movement of hazardous waste between nations, particularly from developed to less developed countries. The legislation was enacted by the Parliament of Australia, with the policy objective of protecting human health and the environment from the adverse effects of hazardous waste management and disposal. The Act provides a regulatory framework for the export and import of hazardous waste, ensuring that such movements are conducted in a manner that is environmentally sound and in accordance with the principles of sustainable development.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia, including its territories, and is applicable on a national level. The Act regulates the transboundary movement of hazardous waste, including electronic waste, ensuring that such movements are conducted in a manner that protects human health and the environment. The legislation covers the entire process from application to transit, as demonstrated by the recent application received from E.M.C. SARL to transit electronic waste through Brisbane on its way to a recycling facility in Singapore. The Act mandates that such movements must comply with its provisions, which include obtaining necessary permits and adhering to specified conditions, such as those outlined in the application for up to 300 tonnes of electronic waste moving in up to twenty shipments. The Act’s jurisdictional reach ensures that it applies to both the originating and destination countries, as well as any intermediate transit points within Australia. While the Act aims to regulate hazardous waste movements comprehensively, it may extend or restrict its application through subordinate instruments, thus providing flexibility in enforcement and compliance measures.

Key Provisions

The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as highlighted in this notice, involve the regulation of the transboundary movement of hazardous waste. Specifically, section 33 of the Act mandates that a notice must be published in the Gazette when an application for a permit to export or import hazardous waste is received (section 33(1)). This particular notice informs of an application by E.M.C. SARL for the transit of up to 300 tonnes of electronic waste through Brisbane on its way to Singapore (section 33(2)). This transboundary movement of hazardous waste is subject to stringent regulatory control under the Act. The Act imposes several obligations and requirements on the parties involved in the transboundary movement of hazardous waste. Firstly, any entity planning to export or import hazardous waste must apply for a permit as specified under the Act (section 11). The application must include comprehensive details of the waste, the proposed route, and the intended recovery operations, as provided in this notice. Additionally, the Act requires that the waste be managed in a manner that ensures it does not pose a risk to human health or the environment (section 21). The Act also mandates that the application process includes a period for public comment, allowing stakeholders to voice their concerns or objections regarding the proposed movement of hazardous waste. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to various offences and penalties. Under the Act, it is an offence to export or import hazardous waste without a permit (section 13). Those found guilty of contravening the Act can face substantial penalties, with maximum fines reaching up to $66,000 for individuals and $330,000 for corporations (section 62). Furthermore, the Act allows for both civil and criminal sanctions, including imprisonment, which underscores the seriousness with which the legislation treats breaches of its provisions. The penalties serve as a deterrent against unlawful transboundary movements of hazardous waste, ensuring compliance with environmental protection and public health standards.