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 an application has been received from AusZinc Metals & Alloys, Lot 2 Shellharbour Road, Port Kembla, NSW 2505. The application relates to the importation of up to 126 tonnes of galvanizing ash containing zinc, lead, antimony, arsenic, cadmium, thallium and their compounds from Webforge (NZ) Limited, 23 Kelvin Grove, Palmerston North, New Zealand for recovery operations R4 - Recycling/reclamation of metals and metal compounds.
The Basel Convention waste identification code for this waste is A1080 ‘Waste zinc residues not included on list B, containing lead and cadmium in concentrations sufficient to exhibit Annex III characteristics’.
The galvanizing ash will be stored in 200 litre drums and either sealed with a steel lid or shrink wrapped. The drums will be placed in 20ft shipping containers without pallets. They will then be shipped direct from the port of Wellington in New Zealand to the port of Sydney in Australia, and then be transported by road to the disposal facilities at AusZinc Metals & Alloys, Lot 2, Shellharbour Road, Port Kembla, NSW 2505.
The import would take place in up to six (6) shipments over twelve months commencing from the date of the permit, if granted.
Andrew McNee
Assistant Secretary
Environment Protection Branch
5 March 2013
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent regulation and control over the export and import of hazardous waste, ensuring it is managed in a way that protects human health and the environment. The Act was introduced to fill a critical gap in the regulation of hazardous waste movements across international borders, aligning Australia with international conventions and standards such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Act empowers the Australian Government to effectively manage and monitor hazardous waste, ensuring it is handled responsibly and sustainably. The policy objective of the Act is to prevent the uncontrolled movement of hazardous waste and to ensure that any such movement is carried out in a manner that minimises risks to human health and the environment. The legislation underscores the importance of international cooperation and adherence to globally recognised standards in managing hazardous waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import and export of hazardous waste and governs the handling of such materials to prevent environmental harm and ensure proper management. The Act primarily applies to individuals, companies, and other entities involved in the export or import of hazardous waste within Australia. It mandates that any person intending to import hazardous waste into Australia must apply for a permit from the Environment Protection and Heritage Council, detailing the type and amount of waste, the intended recovery operations, and the measures to be taken for safe storage, transportation, and disposal. The Act's jurisdiction covers the entire Commonwealth of Australia, ensuring that all imports and exports of hazardous waste comply with national standards. The legislation also provides for the exclusion of certain wastes under specific conditions or thresholds, and its application can be extended or restricted through subordinate instruments such as regulations and guidelines. The notice of application received by AusZinc Metals & Alloys, detailing the importation of hazardous waste from New Zealand, exemplifies the Act's role in regulating the movement of hazardous materials to safeguard environmental and public health.
Key Provisions
The main operative sections of the notice are Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which provides the framework for the notice of application received. According to this section, the notice informs the public that an application has been received for the importation of hazardous waste. Specifically, AusZinc Metals & Alloys has applied to import up to 126 tonnes of galvanizing ash containing hazardous substances from Webforge (NZ) Limited in New Zealand. The waste is identified under the Basel Convention waste identification code A1080 and is intended for recycling operations at AusZinc's facility in Port Kembla, NSW. The notice details the nature of the waste, its packaging, and the proposed shipping and transportation methods.
The obligations imposed on AusZinc Metals & Alloys under this Act include ensuring that the hazardous waste is managed in accordance with the permit conditions and relevant regulations. This involves proper storage, transportation, and disposal of the waste. AusZinc must also ensure that the waste is handled in a manner that minimizes risk to human health and the environment. Furthermore, the company must comply with all requirements under the Basel Convention and any other applicable Australian laws. It is also required to notify the relevant authorities of any changes to the planned operations or any incidents related to the waste.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in civil or criminal penalties. Under the Act, significant breaches can lead to fines and imprisonment. For example, knowingly causing or permitting the export or import of hazardous waste in a manner that contravenes the Act can result in a fine of up to $5.5 million for a corporation or $1.1 million for an individual, along with imprisonment for up to five years. Additionally, less severe breaches can lead to lower fines, with the exact penalties depending on the nature and severity of the offence. The Act also provides for other administrative actions, such as the revocation of permits or authorisations, in cases of non-compliance.