Notice of application from Orica Australia Pty Ltd to export hexachlorobenzene (HCB) and chlorinated wastes containing HCB to Finland – AUH16-036

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, aiming to address the problem of improper disposal and the environmental risks associated with such waste. The Act was introduced by the Parliament of Australia to ensure that hazardous waste is managed in a way that protects human health and the environment both within Australia and internationally. This legislation establishes a permit system for the export and import of hazardous waste, including the need for public notification and comment on specific applications, as evidenced by the application from Orica Australia Pty Ltd for the export of hexachlorobenzene waste to Finland. The policy objective of the Act is to control the transboundary movement of hazardous waste in a manner that minimises the potential for harm to human health and the environment.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to export or import hazardous waste, including up to specified quantities and types, across international borders. The Act explicitly covers Orica Australia Pty Ltd in this instance, which has applied to export up to 135 tonnes of hexachlorobenzene waste and chlorinated wastes containing hexachlorobenzene to Finland for incineration. The geographic reach of this Act extends to the Commonwealth level, ensuring that all exports and imports of hazardous waste are regulated under national standards. The application must comply with the stringent requirements set forth by the Act, including adherence to recovery operations such as D10 – Incineration on land. The Act does not specify any exclusions or exemptions in this particular application notice; however, the Act can be further detailed through subordinate instruments, which may provide additional guidelines or specific conditions for certain types of hazardous waste. The notice mandates that written comments on the permit application be submitted to the Department within 28 days, ensuring transparency and public participation in the decision-making process regarding hazardous waste exports.

Key Provisions

The primary sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 relevant to this notice include section 33, which mandates the publication of a notice when an application for export or import of hazardous waste is received. This ensures transparency and allows the public to comment on the potential environmental impact of the proposed waste movement. Section 34 specifies the details that must be included in the notice, such as the identity of the applicant and the nature of the waste involved. Section 40 addresses the process for public comments and the handling of such submissions by the Department of the Environment. Section 41 stipulates the conditions under which a permit may be granted, focusing on environmental protection and compliance with international agreements, such as the Basel Convention. The Act imposes several obligations on parties involved in the export or import of hazardous waste. Orica Australia Pty Ltd, as the applicant, must provide comprehensive details of the waste, including its type, quantity, and intended recovery operation. The Department of the Environment, in turn, has the responsibility to review the application, consider public comments, and make a decision based on environmental protection principles. Both parties must ensure that all waste management practices comply with national and international regulations, including the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Act also requires that any export of hazardous waste is conducted in a manner that does not harm human health or the environment. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant legal consequences. Offences under this Act may include unauthorised exports or imports of hazardous waste, providing false or misleading information, or failing to adhere to the conditions of a permit. The Act provides for both civil and criminal penalties. For example, section 56 outlines that individuals or entities found guilty of an offence may be subject to fines. The maximum penalty for an individual can be up to $66,000 or five years imprisonment, or both. For corporations, the maximum penalty can be up to $330,000. These penalties underscore the seriousness with which the Act treats non-compliance and the importance of adhering to its provisions to protect environmental and public health.