Notice of application from Orica Australia Pty Ltd to export Hexachlorobenzene (HCB) to France

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls on the export and import of hazardous waste, ensuring that such activities are conducted in an environmentally sound manner. The Act was introduced by the Parliament of Australia to fill the gap in the regulation of hazardous waste movement across borders, aiming to prevent illegal traffic and improper disposal of hazardous substances that could pose a risk to human health and the environment. The policy objective of the Act is to facilitate the environmentally sound management of hazardous waste while promoting international cooperation in this regard. This legislative framework ensures that Australia adheres to its international obligations under various treaties and conventions concerning hazardous waste management.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity proposing to export hazardous waste from Australia, ensuring that such exports are conducted in a manner that minimises risks to human health and the environment. The Act regulates the transboundary movement of hazardous waste and requires that an application for a permit be lodged with the relevant authorities prior to any such movement. In the case of the application received from Orica Australia Pty Ltd, the Act governs the proposed export of up to 132 tonnes of Hexachlorobenzene (HCB) waste to a destruction facility in France. The geographic reach of this Act is national, extending to all states and territories of Australia, and encompasses all hazardous waste, including specific chemicals such as HCB, that are to be exported. The application must comply with the provisions of the Act, and any subordinate instruments that may extend or restrict its application, including specific criteria for the safe management and disposal of hazardous waste. The Act does not specify any exclusions or exemptions, and all applications must be assessed to ensure adherence to the regulations governing hazardous waste export.

Key Provisions

Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is provided that an application from Orica Australia Pty Ltd has been received to export up to 132 tonnes of Hexachlorobenzene (HCB) waste. This application pertains to the export of hazardous waste to a destruction facility in France, with the waste being shipped from the ports of Botany, and passing through Singapore, Egypt, and Portugal, before reaching La Havre. The waste will be destroyed using high temperature incineration. Section 33 of the Act mandates the publication of such applications in the Gazette, allowing for public comment and scrutiny before a decision is made. The Act imposes several obligations on the parties involved. Orica Australia Pty Ltd, as the applicant, must provide detailed information about the proposed export, including the type and quantity of hazardous waste, the method of transport, and the location and process of waste destruction. Additionally, the Act requires that any transboundary movement of hazardous waste must be in compliance with international agreements, such as the Basel Convention, which aims to control and reduce the movement of hazardous waste between nations, especially from developed to less developed countries. The Department of the Environment, as the regulatory body, is responsible for assessing the application, considering public comments, and deciding whether to grant the permit. Breaching the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant penalties. If the Act is contravened, the offender may be subject to both civil and criminal penalties. Under Section 41 of the Act, an individual or corporation may be fined up to $210,000 for each offence, and in the case of a continuing offence, an additional fine of up to $35,000 for each day the offence continues. Furthermore, Section 42 of the Act stipulates that a court may also order the offender to pay compensation for any damage caused by the breach, including environmental damage and costs incurred by the government in managing the hazardous waste. The severity of these penalties underscores the importance of strict compliance with the Act's requirements.