Notice of application by NQ Resource Recovery Pty Ltd to import waste oil from Papua New Guinea for recycling

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper export and import of hazardous waste, which can pose significant risks to human health and the environment. This Act provides a regulatory framework to ensure that hazardous waste is managed in a manner that minimises any potential adverse impacts. The Act is administered by the Commonwealth Government through the Department of the Environment and Energy, with the overarching policy objective of protecting Australia and its territories from the potential hazards associated with the transboundary movement of hazardous waste. This notice, issued under Section 33 of the Act, informs the public of an application received from NQ Resource Recovery Pty Ltd for the importation of up to 150,000 litres of waste oil from Papua New Guinea. The application seeks to import the waste oil for recycling purposes, which would involve shipping the oil to Townsville and transporting it by road to the Bohle facility in Queensland. The importation is proposed to occur in up to four shipments over a period of up to twelve months, pending the grant of a permit. This process ensures that any potential risks associated with the importation of hazardous waste are thoroughly assessed and managed in compliance with the provisions of the Act.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities or individuals involved in the export and import of hazardous waste within Australia. Specifically, the Act mandates the requirement for a permit to import hazardous waste, as exemplified by the application from NQ Resource Recovery Pty Ltd, a company based in Queensland. This legislation encompasses the regulation of hazardous waste movements to ensure they are managed in a manner that safeguards human health and the environment, with particular attention to the waste's potential impacts during transit and processing. The Act extends its jurisdictional reach across Australia, including territories and states, thereby ensuring a unified regulatory framework. Notably, the Act allows for exclusions or exemptions through subordinate instruments, enabling flexibility in the application of regulations tailored to specific circumstances or types of hazardous waste. The exclusions, exemptions, or thresholds are typically outlined in detailed regulations or guidelines issued under the authority of the Act, providing further clarity on the scope of its application.

Key Provisions

The main operative sections of the notice concern the details of the application received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). This notice informs that NQ Resource Recovery Pty Ltd has applied for permission to import up to 150,000 litres of waste oil (Basel Code A3020) from Puma Energy PNG Refining Limited, located in Port Moresby, Papua New Guinea. The waste oil will be transported from Port Moresby to Townsville, Queensland, and then moved by road to the NQ Resource Recovery Pty Ltd facility in Bohle, Queensland, where it will be recycled for use as fuel oil. The recycling process will involve recovery operation R9, which pertains to the re-refining or reuse of previously used oil. The import is planned to occur in up to four shipments over a period not exceeding twelve months, subject to the grant of a permit. The obligations and requirements imposed by the Act on the parties involved in this importation include ensuring that the waste oil is handled and transported in a manner that complies with all relevant hazardous waste regulations. NQ Resource Recovery Pty Ltd must ensure that the waste oil is shipped and transported safely, without posing any risk to human health or the environment. Additionally, they must ensure that the waste oil is processed at their facility in accordance with the specified recovery operation, R9. The notice also implies that Puma Energy PNG Refining Limited must ensure the waste oil is correctly classified and packaged for export, adhering to all export regulations and international standards. Failure to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines up to a substantial amount, depending on the severity of the breach. Criminal penalties can include fines of up to a certain amount and/or imprisonment for up to a specified number of years, depending on the nature and extent of the offence. The exact penalties are determined by the courts based on the circumstances of each case. Additionally, non-compliance could result in the revocation of permits, cessation of operations, and legal action to recover damages for any environmental harm caused.