Notice of Application From TES-AMM New Zealand Ltd for a Basel Permit to Transit Waste Electrical and Electronic Equipment Through Australia En Route from New Zealand to Singapore

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for regulating the export and import of hazardous waste, ensuring that such activities do not pose a risk to human health and the environment. The Act was introduced to fill a legislative gap concerning the transboundary movement of hazardous materials, aiming to implement Australia's obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The Act is administered by the Parliament of Australia, with the policy objective of controlling and managing the export and import of hazardous waste to prevent improper disposal and environmental harm. This specific notice under the Act pertains to an application by TES-AMM New Zealand Ltd for the transit of waste electrical and electronic equipment through Brisbane, highlighting the Act's role in overseeing and regulating such movements to protect public health and the environment.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia. This includes entities planning to transport hazardous waste through Australian territory, as well as those involved in the actual movement of the waste. The legislation encompasses a broad range of hazardous waste, including but not limited to waste electrical and electronic equipment, and it applies to all states and territories within the Commonwealth of Australia. The application received from TES-AMM New Zealand Ltd pertains specifically to the transit of waste electrical and electronic equipment through Brisbane. Notably, the Act does not specify particular exclusions or exemptions within the notice itself but generally allows for certain categories of waste to be excluded through subordinate instruments. The application process involves detailed scrutiny to ensure compliance with international agreements such as the Basel Convention, particularly concerning the environmentally sound management of waste.

Key Provisions

The primary section of relevance in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 is Section 33 (1), which mandates the giving of notice when an application is received for the export or import of hazardous waste. This section is designed to ensure transparency and allow for public scrutiny before such hazardous materials are moved across borders. The notice specifies that TES-AMM New Zealand Ltd has applied for the transit of up to 1,200 tonnes of waste electrical and electronic equipment through Brisbane, from New Zealand to Singapore. This waste, classified under the Basel Code as A1180, is intended for recycling operations involving metals and metal compounds. The Act imposes certain obligations on the applicant and the authorities involved. Under Section 33(2), the Minister must ensure that the public is informed of the application, providing an opportunity for any objections or comments. The Minister, in this case, is represented by the Delegate to the Minister, Andrew McNee, who is responsible for overseeing the review process. The Act also requires the applicant to provide detailed information about the waste, the proposed route, and the facilities involved in the recycling process. This information must be accurate and sufficient to allow for a thorough assessment of the environmental and health risks associated with the movement of the waste. There are significant consequences for non-compliance with the provisions of the Act. Section 52 outlines various offences related to the export or import of hazardous waste without proper authorisation or in breach of the conditions imposed. Offences can be either civil or criminal, depending on the severity and intent of the breach. For instance, contravening the Act can lead to fines of up to $1,650,000 for corporations and $330,000 for individuals. Additionally, those found guilty of more severe offences, such as knowingly facilitating the illegal movement of hazardous waste, can face imprisonment for up to five years. These stringent penalties underscore the importance of adhering to the regulatory framework designed to protect public health and the environment from the potential hazards of hazardous waste.