Notice of Application received from Geocycle SBF Pty Ltd to import waste oily water from Papua New Guinea - AUH17-007

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for controlling the movement of hazardous waste across Australia's borders, ensuring that such waste is managed in an environmentally sound manner and in accordance with international agreements, particularly the Basel Convention. This legislation was introduced by the Commonwealth Parliament, aiming to safeguard Australia's environment from the potential hazards associated with the export and import of hazardous waste. The policy objective of the Act is to prevent the illegal traffic of hazardous waste and to ensure that any authorised movement of such waste is conducted responsibly and with proper oversight. This notice of application under the Act pertains to an application from Geocycle SBF Pty Ltd to import a specified quantity of waste oily water for recovery operations at their facility in Dandenong South, Victoria. The public is invited to comment on the application within a specified timeframe, with the understanding that shared comments should not include commercially sensitive information. This process facilitates transparency and community involvement in decisions that may affect environmental protection and public health.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous wastes, as well as other wastes defined under the Basel Convention, with the objective of protecting human health and the environment from the adverse effects of hazardous waste management and transboundary movements of waste. The Act is administered by the Commonwealth of Australia and applies to any person or entity involved in the export or import of hazardous wastes. It provides for the regulation of exports and imports of hazardous wastes and other wastes by means of permits, and ensures that such activities are conducted in a manner that minimises the risk to human health and the environment. The Act applies to the entire territory of Australia, including its states and territories, as well as to Australian citizens and entities wherever they are located. However, the Act does not apply to waste that is subject to other Commonwealth or State/Territory legislation. The Act may be extended or restricted through the making of subordinate instruments, including regulations and guidelines. In this case, the notice of application relates to the import of up to 16,000 litres of waste oily water by Geocycle SBF Pty Ltd, an entity based in Victoria. The application is subject to public comment and review, and any comments received will be shared with the applicant.

Key Provisions

The primary sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 that are relevant to the application received under section 33 (1) involve the regulation of hazardous waste exports and imports. This Act is designed to ensure that hazardous waste is managed in a way that protects human health and the environment. In this particular instance, section 33 (1) requires the Minister to notify the public of an application for approval to import hazardous waste. The application in question, AUH17-007, was submitted by Geocycle SBF Pty Ltd (section 33 (1)), which seeks to import up to 16,000 litres of waste oily water classified under Basel Code A4060. The intended operation is the accumulation of this material at their facility in Dandenong South, Victoria, as specified in section 33 (1)(a). The Act imposes specific obligations on the applicant, Geocycle SBF Pty Ltd, including the requirement to provide detailed information about the nature of the waste, the proposed method of handling and recovery, and the environmental safeguards that will be implemented to mitigate any potential risks. This information must be presented in a manner that allows the Minister and the public to assess the potential environmental and health impacts of the proposed import. Furthermore, the applicant must ensure that all activities comply with the conditions set out in the Act and any related regulations, which may include obtaining necessary permits or approvals from other relevant authorities. Breach of the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties. Under section 101, any person who contravenes the Act may be subject to civil penalties, including fines of up to $1,260,000 for corporations and $252,000 for individuals. Additionally, section 102 empowers the court to impose criminal penalties, including fines of up to $630,000 for corporations and $126,000 for individuals, as well as potential imprisonment terms. The severity of these penalties underscores the importance of strict compliance with the Act's requirements to protect public health and the environment.