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

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, ensuring that such activities do not pose risks to human health and the environment. This legislation was introduced by the Australian Parliament to regulate the transboundary movement of hazardous waste, aligning with international conventions such as the Basel Convention. The policy objective of the Act is to control and monitor the export and import of hazardous waste, ensuring that these activities are conducted in an environmentally sound manner and with respect to the principles of sustainable development. By requiring permits for the export and import of hazardous waste, the Act aims to prevent illegal traffic in hazardous waste and to ensure that waste management practices adhere to internationally recognised standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste, providing a framework to ensure the proper management and handling of such materials. This Act applies to any person or entity involved in the export or import of hazardous waste, encompassing activities such as the transportation, storage, and processing of these materials. Industries that handle hazardous substances, particularly those involved in chemical and industrial processes, are directly impacted by the provisions of this Act. The Act’s jurisdiction extends across Australia, thereby regulating the activities of Australian entities and individuals regardless of the destination or origin of the hazardous waste. The Act includes provisions for the issuance of export and import permits, ensuring that such movements are conducted in compliance with national and international standards. Exclusions from the Act are minimal, generally focusing on non-hazardous materials and those wastes subject to other specific regulatory frameworks. The scope of the Act can be extended or refined through subordinate instruments, allowing for the inclusion of additional hazardous waste categories or amendments to existing regulations as necessary.

Key Provisions

The primary operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) relate to the notification and review process for applications concerning the export of hazardous waste. Section 33 mandates that when an application is received for the export of hazardous waste, such as the one submitted by Orica Australia Pty Ltd for the export of spent catalyst containing zinc oxide and zinc sulfide, the relevant government department must publish a notice of the application's receipt. This notice provides the public with an opportunity to comment on the proposed export. The Act imposes specific obligations on the parties involved, particularly on the applicant. Section 33 requires that the applicant, in this case, Orica Australia Pty Ltd, must provide detailed information about the nature of the waste, the intended destination, and the proposed transport routes. This includes information about the Basel code, which in this instance is A2030, indicating the type of hazardous waste. Additionally, the applicant must ensure that the waste will be transported and managed in compliance with all relevant regulations and international agreements, such as the Basel Convention. In terms of penalties and consequences, the Act does not specify particular offences, penalties, or civil/criminal consequences for breaches directly within this notice. However, the overarching legislation outlines that unauthorised export of hazardous waste can lead to substantial penalties. Under the Environment Protection and Biodiversity Conservation Act 1999, for example, individuals or corporations found guilty of contravening hazardous waste regulations may face fines of up to $7.5 million for corporations and $1.5 million for individuals, in addition to potential imprisonment terms. The Hazardous Waste (Regulation of Exports and Imports) Act 1989, in conjunction with other related statutes, ensures stringent controls and enforcement to prevent unlawful waste exports that could harm human health or the environment.