Notice of application received from Boliden Kokkola Oy to import zinc leaching residues from Finland - AUH16-027

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the environmental risks associated with the transboundary movement of hazardous waste. This Act was introduced by the Australian Parliament to provide a regulatory framework for the export and import of hazardous waste, ensuring that such activities do not harm human health or the environment. The policy objective of this legislation is to control and manage the movement of hazardous waste across international borders, in alignment with Australia's obligations under international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. This notice of application received under the Act highlights the processes involved in regulating the import of hazardous waste, allowing for public scrutiny and input before a decision is made on the permit application.

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 into or out of Australia. In this specific instance, the application pertains to the import of hazardous waste by Boliden Kokkola Oy, a Finnish entity, for processing at Outotec Pty Ltd in Australia. The Act's jurisdiction spans the entire Commonwealth of Australia, ensuring that any movement of hazardous waste across national borders is regulated. The application process includes a public notice period where stakeholders can provide feedback on the proposed import of up to 3 tonnes of zinc processing residues, dust, and sludges such as jarosite and hematite. The public comment period is intended to allow interested parties to voice their opinions on the environmental and safety implications of the proposed import. Exclusions or exemptions from the application of the Act are not detailed in the notice, but the Act itself typically includes provisions for specific exclusions based on the type and amount of waste involved. The Act may also extend or restrict its application through subordinate instruments such as regulations or guidelines, although these specifics are not mentioned in the notice.

Key Provisions

The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 that are relevant to the notice provided include Section 33, which requires that notice be given when an application for a permit to import hazardous waste has been received (Section 33(1)). This section mandates that details of the application, including the applicant's information and the nature of the proposed waste, must be made public so that interested parties can lodge comments. Section 34 further outlines the process for the assessment of the application and the issuance of a permit if the criteria are satisfied. Under this Act, entities such as Boliden Kokkola Oy that seek to import hazardous waste into Australia must first submit a permit application to the Department of the Environment. The application must provide comprehensive details about the waste, the intended recovery operation, and the location where the waste will be processed (Section 33(2)). The Department, upon receiving such an application, must publish a notice detailing the contents of the application and invite written comments from the public, including stakeholders and affected communities (Section 33(3)). The applicant must also ensure that any comments received are shared with them, barring any commercial-in-confidence information (Section 33(5)). Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in various civil and criminal consequences. For instance, importing hazardous waste without a valid permit is an offence under Section 35, which can lead to significant penalties. The maximum penalty for contravening the Act includes fines of up to $5.5 million for corporations and up to $1.1 million for individuals, as outlined in Section 35(1). Additionally, Section 35(2) stipulates that repeat offenders may face increased penalties, reflecting the seriousness of non-compliance with hazardous waste regulations. The Act also empowers the courts to order the confiscation of any equipment or materials used in the contravention of the Act, further ensuring that those who breach the regulations face substantial consequences.