Notice of Application received from Consolidated Alloys to export up to 120 tonnes of solder dross to Belgium for recovery operations

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the transboundary movement of hazardous waste, aiming to regulate and control such activities to protect public health and the environment from potential risks. This Act was introduced by the Parliament of Australia to provide a legal framework that aligns with international obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The primary policy objective of the Act is to ensure that hazardous waste is managed in an environmentally sound manner, with a particular emphasis on preventing the export of hazardous wastes to countries that do not have the capacity to handle them safely. The Act thus serves to safeguard both Australian and international environments from the adverse effects of improper hazardous waste management.

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, including the transportation and recovery of such waste, within Australia and its territories. The Act governs the movement of hazardous waste across national boundaries, ensuring that it is managed in an environmentally sound manner. The application received under this Act pertains to Consolidated Alloys, a company based in Thomastown, Victoria, which intends to export up to 120 tonnes of solder dross to a facility in Belgium. This transboundary movement is subject to specific conditions and regulatory oversight to ensure compliance with national and international environmental standards. The Act extends its reach across the Commonwealth and applies to all hazardous waste exports and imports, with provisions for permit applications, public consultation, and the involvement of international regulatory frameworks such as the Basel Convention. Exclusions and exemptions from the Act are limited and generally pertain to waste that falls under different regulatory schemes, but these are not specified in the current notice. Any detailed regulations or thresholds are likely to be addressed in subordinate instruments or permits issued by the relevant authorities.

Key Provisions

The main operative sections of the legislation are Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which mandates the publication of notice regarding the receipt of an application for the export of hazardous waste. In this instance, the application pertains to the export of up to 120 tonnes of solder dross (Basel Code A1020) by Consolidated Alloys to a facility in Belgium operated by Hydrometal S.A. The waste is intended for recovery operation R4, which involves the recycling or reclamation of metals and metal compounds. The Act imposes several obligations and requirements on the parties involved. Firstly, the applicant, Consolidated Alloys, must ensure that the export of the hazardous waste complies with the provisions of the Act. This includes providing detailed information about the waste, its intended destination, and the process it will undergo. Secondly, the destination facility, Hydrometal S.A. in Belgium, must be capable of safely managing the waste according to the specified recovery operations. Thirdly, the transportation of the waste must adhere to the routes and methods outlined in the application, which in this case involves road transport to the port of Melbourne and then sea transport through Malaysia and Egypt. The legislation also outlines potential consequences for breaches. Offences under the Act can result in both civil and criminal penalties. Civil penalties may include fines and orders to remedy non-compliance, as stipulated in the relevant sections of the Act. Criminal penalties can include fines and imprisonment, with the specific penalties depending on the nature and severity of the breach. For example, under Section 74 of the Act, a person found guilty of an offence can be fined up to $330,000 or, in the case of a corporation, up to $1.65 million. Additionally, an offence that causes serious harm to human health or the environment can result in imprisonment for up to ten years. The public is also informed that any written comments on the application must be submitted within 28 days and should not include any commercial-in-confidence information, as these will be shared with the applicant.