Notice of Application received from Catalyst Environmental Solutions to export spent Puraspec JM absorbent to Switzerland

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, aiming to prevent improper disposal and management of such waste materials. The Act was introduced to address the growing concern over the transboundary movement of hazardous waste, which posed significant risks to human health and the environment if not properly managed. The enacting body was the Parliament of Australia, with the policy objective of ensuring that hazardous waste is managed in an environmentally sound manner, both domestically and internationally. This Act seeks to control the export and import of hazardous waste to and from Australia, ensuring compliance with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The notice of application received under this Act highlights the regulatory framework in place to manage the export of hazardous waste, ensuring that all exports are conducted in accordance with the established guidelines and international obligations.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities involved in the export and import of hazardous waste within Australia and abroad, with a specific focus on ensuring that such activities comply with stringent environmental and health regulations. This Act is applicable to any person or entity seeking to export hazardous waste from Australia or import hazardous waste into the country, requiring them to obtain a permit from the relevant authorities. The Act's jurisdiction extends nationally, providing a comprehensive framework for managing the transboundary movement of hazardous waste. The application process includes detailed notifications, such as the export of up to 125 tonnes of spent PURASPEC JM absorbent from Australia to Switzerland for recycling purposes, as seen in the case of Catalyst Environmental Solutions acting on behalf of Johnson Matthey PLC. The application process also allows for public comment, ensuring transparency and community involvement in hazardous waste management decisions. The Act does not specify exclusions, exemptions, or thresholds within the gazetted notice, but the broader legislation may include provisions for these under subordinate instruments.

Key Provisions

The key sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 relevant to this application include Section 33, which mandates that notice of the application must be given to the public (Section 33(1)). This section ensures transparency and allows interested parties to comment on the proposed export of hazardous waste. Section 34 provides for the assessment of the application, including the evaluation of the environmental impact and the compliance with international conventions such as the Basel Convention (Section 34(1)-(3)). The Minister, or their delegate, then decides whether to grant or refuse the permit, which is outlined in Section 35 (Section 35(1)-(2)). The Act imposes several obligations on the parties involved. Catalyst Environmental Solutions, as the applicant, must provide detailed information about the waste, the proposed export route, and the recovery operation to be conducted (Section 34(1)-(3)). They must also ensure that the waste is managed in a manner that does not harm human health or the environment (Section 4(1)). Johnson Matthey PLC, the entity contracting the export, must ensure that all activities are conducted in compliance with Australian and international regulations (Section 4(1)). Additionally, Batrec Industrie AG, the recipient facility in Switzerland, must be authorised to handle the waste in accordance with the Basel Convention (Section 34(3)). Failure to comply with the provisions of the Act can result in significant penalties. Under Section 47, any person who contravenes a provision of the Act may be liable to a penalty of up to $66,000 for an individual and $330,000 for a body corporate, depending on the severity of the breach (Section 47(1)-(2)). Additionally, any person who causes or knowingly permits an unauthorised export of hazardous waste may be liable to imprisonment for up to five years or a fine of up to $660,000, or both (Section 47A(1)-(2)). The Act also allows for civil remedies, including injunctions and damages for any harm caused by the unauthorised export of hazardous waste (Section 48).