NOTICE OF APPLICATION RECEIVED UNDER THE
HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that on 14 April 2014 an application was received from Orica Australia Pty Ltd, 1 Nicholson Street, East Melbourne, Victoria 3001, Australia, to export up to 100 tonnes of spent catalyst (containing copper, zinc, aluminium oxide, and carbon) to Metallo Chimnique International NV, Nieuwe Dreef 33, 2340 Beerse, Belgium for recycling/reclamation of metals and metal compounds.
The transboundary movements would take place in one (1) shipment of four (4) containers, during the time period stated in the permit, if granted.
The movements will leave the Port of Fremantle by sea and may transit through Singapore, Malaysia, Egypt, the Netherlands and Germany en route to Belgium from where the waste will travel by land to the recycling facility
Andrew McNee
Delegate to the Minister
Assistant Secretary
Environment Protection Branch
Department of the Environment
Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this decision may, within 28 days, make an application in writing to the Department of the Environment requesting the reasons for the decision.
An application for independent review of the decision may be made to the Administrative Appeals Tribunal on payment of the relevant fee by the applicant within 28 days of receipt of the reasons for the decision, or within 28 days of this notice if the reasons for the decision are not sought. Applications should be made to the Deputy Registrar, Administrative Appeals Tribunal in your capital city, see under Commonwealth Government Section in the White Pages. Further enquiries should be directed to:
Director , Hazardous Waste Section
Department of the Environment
GPO Box 787 CANBERRA ACT 2601
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous wastes, aiming to protect the environment and human health from the potential adverse effects of such waste. This legislation was introduced to address the gaps in controlling the transboundary movements of hazardous materials, ensuring that these materials are managed in a manner that minimises environmental risks and adheres to international standards. The Act was enacted by the Parliament of Australia, reflecting the nation's commitment to environmental protection and responsible waste management practices. The overarching policy objective of the Act is to ensure that hazardous waste is exported or imported only under strict regulatory conditions that safeguard both domestic and international environmental and health interests.
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 both the exporters and importers, as well as the carriers responsible for the transportation of hazardous waste. The Act regulates the transboundary movements of hazardous waste, ensuring that they comply with specific guidelines and obtain necessary permits. Geographically, the Act's jurisdiction extends to the Commonwealth of Australia and applies to any movement of hazardous waste outside the country's borders. The application received under this Act, in this instance from Orica Australia Pty Ltd, specifies the export of spent catalyst to Belgium for recycling, and it exemplifies the process by which the Act governs and regulates such activities. Notably, the Act does not detail exclusions or exemptions explicitly in this notice, but the broader legislative framework may contain such provisions. Additionally, the Act can extend or restrict its application through subordinate instruments, which may provide further details on specific types of hazardous waste or additional procedural requirements.
Key Provisions
The main operative sections of the notice pertain to the application process for exporting hazardous waste, as required under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This notice specifies that an application has been received from Orica Australia Pty Ltd to export up to 100 tonnes of spent catalyst to Metallo Chimnique International NV in Belgium. The notice details the type of waste, the parties involved, the intended route of transport, and the purpose of the export, which is for recycling or reclamation of metals and metal compounds. The notice also provides the date of the application, the contact information for the applicant and the delegate to the Minister, and the Department of the Environment.
The Act imposes several obligations and requirements on the parties involved in the export of hazardous waste. Primarily, the applicant must provide detailed information about the waste, including its composition, the proposed method of transport, and the destination. Additionally, the applicant must obtain the necessary permits and approvals from the relevant authorities before any movement of waste can occur. The Department of the Environment is responsible for reviewing the application, ensuring compliance with the Act, and deciding whether to grant the permit. The notice also indicates that affected persons have the right to request reasons for the decision and seek an independent review by the Administrative Appeals Tribunal if they are dissatisfied with the outcome.
In terms of penalties and consequences for breaches of the Act, the notice does not specify these details. However, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, unauthorised exports of hazardous waste can lead to significant penalties. Both civil and criminal penalties may apply, depending on the nature and severity of the breach. Civil penalties can include substantial fines, with the maximum amount potentially reaching several hundred thousand Australian dollars. Criminal penalties can include imprisonment for individuals responsible for the breach, with the maximum term varying based on the specific circumstances of the offence. Compliance with the Act is crucial to avoid these severe consequences.