Notice of application from Orica Australia Pty Ltd for a permit to export spent catalyst containing aluminium to the Netherlands for recycling

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the uncontrolled and potentially harmful movement of hazardous waste across international borders. This legislation was introduced to ensure that the export and import of hazardous waste are conducted in a manner that protects human health and the environment. The Act was passed by the Parliament of Australia and its policy objective is to regulate the transboundary movement of hazardous waste to prevent illegal traffic and ensure it is managed in an environmentally sound manner. The Act provides a framework for the licensing and monitoring of the export and import of hazardous waste, allowing for the imposition of strict controls to mitigate any potential risks associated with such activities. This notice of application under the Act relates to a specific case involving Orica Australia Pty Ltd, which has applied for permission to export spent catalyst to a facility in The Netherlands for recycling purposes.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity proposing to export, import, or transport hazardous waste, including specific waste types identified under the Basel Convention. The Act applies nationally across Australia, regulating the movement of hazardous waste to and from the country to ensure that it is managed in an environmentally sound manner. The Act specifically targets hazardous waste exporters and importers, governing the export of substances like the spent catalyst in question, which contains hazardous materials such as aluminium oxide, molybdenum trioxide, and cobalt oxide. The legislation mandates that companies such as Orica Australia Pty Ltd must obtain a permit for the export of such materials, ensuring compliance with environmental standards both in Australia and internationally. The Act does not specify exclusions but relies on the permit application process to determine the acceptability of the export based on various environmental and safety criteria. The application of this Act can be further refined and detailed through subordinate instruments, which can include regulations and guidelines that provide additional clarity on what constitutes hazardous waste and the specific requirements for exporting or importing such materials.

Key Provisions

Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the primary operative section in this notice, an application has been received from Orica Australia Pty Ltd for the export of hazardous waste. Specifically, the application pertains to the export of up to 20 cubic metres of spent catalyst (Basel code A2030), which contains aluminium oxide, molybdenum trioxide, and cobalt oxide. The destination for this waste is the Metrex BV facility in The Netherlands, where it is intended for recycling operations involving metals and metal compounds as well as the recovery of components from catalysts. The shipment will be transported by sea from Fremantle, with transit stops in Singapore, Malaysia, Egypt, and the United Kingdom, before finally arriving in Belgium and being transported by road to the Netherlands. This export is planned as a single shipment within the timeframe specified in the permit, if it is granted. The Act imposes several obligations and requirements on parties applying for such permits. According to Section 33, the applicant must provide detailed information about the hazardous waste, including its type, quantity, and intended recovery operations. Furthermore, the application must detail the proposed route and method of transportation. This information allows the Department of the Environment to assess the environmental and health risks associated with the export and to ensure compliance with both domestic and international regulations. The applicant, in this case Orica Australia Pty Ltd, must also provide a waste management plan that outlines how the hazardous waste will be handled, stored, and treated at the destination. Additionally, the applicant must ensure that the export complies with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Failure to comply with the provisions of the Act can result in significant consequences. Under Section 53 of the Act, any person who exports hazardous waste in breach of the permit conditions may be liable to a fine of up to $5.25 million or imprisonment for up to five years, or both. The Act also empowers the Department to seek an injunction to prevent any further breaches. In addition to these penalties, any person who provides false or misleading information in an application may be subject to additional penalties under Section 52. The maximum penalty for providing false or misleading information is $262,500 or imprisonment for up to two years, or both. These stringent measures are in place to ensure that hazardous waste is managed responsibly and that the environmental and health risks are adequately mitigated.