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 Geocycle SBF Pty Ltd (Geocycle), 92 Ordish Road, Dandenong Victoria 3175. The application relates to the import of up to 14 700 kilograms of waste from paints and solvents from Akzo Nobel PNG Limited, Cnr Vakari, Taruimana Avenue, Gerehu Stage 6, National Capital District, Papua New Guinea for recovery operations R1, namely for “Use as a fuel (other than direct incineration) or other means to generate energy”.
Under the proposed transboundary movement the waste would be transported by road to Port Moresby in Papua New Guinea and then shipped by sea direct to the port of Melbourne in Victoria, Australia. From there, the waste will then be transported by road to the Geocycle facility located at the address above.
The transboundary movement would take place in one shipment during the time period stated in the permit, if granted.
Mr Andrew McNee
Delegate to the Minister
Assistant Secretary
Environment Protection Branch
6 December 2012
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control over the export and import of hazardous waste, ensuring that such activities are conducted in an environmentally responsible manner and do not pose undue risks to human health or the environment. This Act was introduced by the Australian Parliament with a policy objective to regulate the transboundary movement of hazardous waste and to ensure compliance with international agreements and obligations, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The notice provided under Section 33 of the Act informs the public of an application received from Geocycle SBF Pty Ltd for the import of hazardous waste from paints and solvents from Papua New Guinea. The proposed movement of waste is subject to stringent regulatory oversight to ensure it aligns with the legislative requirements and environmental protection standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import and export of hazardous waste between Australia and other countries, ensuring that such activities are conducted in a manner that safeguards public health and the environment. This Act imposes obligations on individuals, businesses, and entities that are involved in the transboundary movement of hazardous waste, including the requirement to obtain necessary permits and comply with specific conditions. The application received from Geocycle SBF Pty Ltd under this Act, pertains to the import of up to 14,700 kilograms of waste from paints and solvents from Akzo Nobel PNG Limited in Papua New Guinea for energy recovery operations in Victoria. The Act's jurisdictional reach is national, as it governs the transboundary movement of hazardous waste across Australia's borders. The application process under this Act can be extended or restricted by subordinate instruments, which may include specific regulations and guidelines that further define the scope and application of the legislation.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 mandates that notice be given when an application for the import of hazardous waste has been received. In this instance, Geocycle SBF Pty Ltd has applied for permission to import up to 14,700 kilograms of waste from paints and solvents from Akzo Nobel PNG Limited. This waste is intended for recovery operations R1, which includes its use as a fuel or for generating energy through means other than direct incineration. The proposed movement involves transporting the waste by road to Port Moresby in Papua New Guinea, then shipping it by sea to Melbourne, Victoria, Australia, and finally transporting it by road to the Geocycle facility in Dandenong, Victoria.
The Act imposes several obligations on the parties involved in the transboundary movement of hazardous waste. Firstly, the applicant must ensure that the waste is properly classified, described, and packaged according to the regulations. The applicant must also submit a detailed application that includes information about the waste's origin, destination, and the intended recovery operations. Additionally, the applicant must obtain necessary permits and approvals from both the exporting and importing countries. Geocycle SBF Pty Ltd must also comply with any conditions attached to the permit, including those relating to the handling, storage, and recovery of the waste at the facility.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal penalties. Under Section 39 of the Act, any person who contravenes the provisions can be fined up to $330,000 for a corporation and $66,000 for an individual. Additionally, under Section 40, a person who causes or permits the unauthorised movement of hazardous waste can be subject to imprisonment for up to five years. The Act also empowers the Environment Protection Authority to take enforcement actions, including issuing infringement notices and seeking injunctions to prevent further breaches. The penalties underscore the importance of adhering to the regulatory framework to ensure the safe and environmentally sound management of hazardous waste.