Notice of Application received from Caltex Refineries (NSW) Pty Ltd to export spent catalyst to the United States

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls on the transboundary movement of hazardous waste, ensuring such movements are managed in an environmentally sound manner. This Act, passed by the Parliament of Australia, aims to protect human health and the environment from the adverse effects of hazardous waste. The legislation mandates that exporters of hazardous waste must apply for and obtain a permit, which includes public notice and opportunity for comment as a means to uphold transparency and community involvement in environmental decision-making processes. In the case of the application from Caltex Refineries (NSW) Pty Ltd, the Act’s objectives are evident in the requirement to detail the nature of the waste, the proposed export route, and the intended recovery operation, thereby allowing the Department of the Environment to assess and mitigate potential environmental risks associated with the export of hazardous materials.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity that proposes to export, import, or transport hazardous waste through Australian territory. This legislation is enacted at the Commonwealth level, thereby extending its jurisdiction across all states and territories of Australia. The Act mandates that any application for the export of hazardous waste must be made to the Department of the Environment, which is responsible for assessing the potential environmental and health impacts of such movements. Specifically, the Act in question concerns an application by Caltex Refineries (NSW) Pty Ltd for the export of spent catalyst contaminated with benzene to the United States. This export must comply with stringent regulatory requirements, including obtaining a permit that outlines the conditions for the transboundary movement. The application process involves detailed scrutiny to ensure that the movement of hazardous waste is conducted in a manner that minimises risks. There are no specific exclusions or exemptions detailed in the notice, but the Act does provide for subordinate instruments that may further detail the requirements and procedures for such applications. The application and any subsequent permit would need to comply with these overarching legislative provisions.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989, under Section 33, mandates the publication of notice regarding an application for the export of hazardous waste. This particular notice pertains to application number AUH15-057 submitted by Caltex Refineries (NSW) Pty Ltd on 1 September 2015. The application concerns the export of up to 200 tonnes of spent catalyst, classified under Basel Code B1120, which is contaminated with benzene. The destination for this hazardous waste is the United States, where it will be used in a recovery operation (R8) to extract components from catalysts. The journey of the waste will involve transportation by road from the Kurnell Refinery to the Port of Sydney, then by sea via New Zealand and French Polynesia to the Port of Oakland in the United States, and finally by road to the recovery facility. The Act imposes several obligations on the applicant, Caltex Refineries (NSW) Pty Ltd, including the provision of detailed information about the hazardous waste, the proposed export, and the recovery operation. Additionally, the applicant must ensure that the export complies with all relevant international agreements, such as the Basel Convention, which governs the transboundary movement of hazardous wastes and their disposal. The applicant must also submit evidence that the export will not harm human health or the environment in both the exporting and importing countries. Moreover, the application must include a description of the measures to be taken to prevent illegal traffic and to ensure the environmentally sound management of the waste throughout its lifecycle. Failure to comply with the provisions of the Act can result in significant legal consequences. Under Section 45, any person who exports, imports, or causes the transboundary movement of hazardous waste in contravention of the Act may be subject to penalties. Civil penalties can be imposed, with fines up to $66,000 per offence for individuals and up to $330,000 for bodies corporate. Furthermore, criminal penalties may also apply, including fines of up to $5.5 million for individuals and $27.5 million for bodies corporate, along with potential imprisonment terms. These penalties reflect the seriousness with which the Australian government treats the regulation of hazardous waste exports and the importance of ensuring that such activities are conducted in an environmentally responsible manner.