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, 92 Ordish Road, Dandenong, VIC 3175.
The application relates to the import of up to 180 tonnes of waste pesticides (Basel Code A4030) for disposal operation R1 – Use as a fuel (other than direct incineration) or other means to generate energy at the Geocycle facility in 92 Ordish Road, Dandenong, VIC 3175.
The waste would be transported by sea from New Zealand direct to the port of Melbourne.
The proposed transboundary movement would take place in up to 6 shipments during the time period specified in the permit, if granted.
Written comments on the permit application may be lodged with the Department within 28 days of Gazette publication addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or by e-mail at hwa@environment.gov.au. Respondents should be aware that comments will be shared with the Applicant and should not contain commercial-in-confidence information.
Paul Kesby
Delegate to the Minister
Acting Assistant Secretary
13 July 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the growing problem of the transboundary movement of hazardous wastes, ensuring that such movements are managed in a manner that protects human health and the environment. This Act was introduced by the Australian Parliament, aiming to align Australia's waste management practices with international standards and obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The primary policy objective of this legislation is to regulate the export and import of hazardous wastes strictly, ensuring they are handled responsibly and do not pose a risk to public health or the environment. The notice of the application received under this Act for the import of waste pesticides by Geocycle SBF Pty Ltd highlights the ongoing commitment to these objectives, facilitating public scrutiny and participation in decisions regarding hazardous waste management.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity proposing to import hazardous waste into Australia, including the specific case of Geocycle SBF Pty Ltd seeking to import waste pesticides from New Zealand. The Act is a Commonwealth legislation, thus it has a national reach across Australia, ensuring a unified approach to the regulation of hazardous waste imports. The Act mandates that any application for importing such waste must be made in accordance with its provisions, including the notification process outlined in Section 33, which includes public notice in the Commonwealth of Australia Gazette. This requirement ensures transparency and provides an opportunity for public comment. Exclusions or exemptions are not explicitly stated in the notice, but the Act may contain provisions that exclude certain types of waste or transactions under specific conditions. The Act’s application may be further defined or restricted by subordinate instruments, which could include regulations detailing the specific types of hazardous waste that are subject to the Act, or procedural requirements for applications and approvals.
Key Provisions
The notice, under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, informs that an application has been received from Geocycle SBF Pty Ltd (Section 33). The application pertains to the import of up to 180 tonnes of waste pesticides, classified under Basel Code A4030, for the disposal operation R1, which involves using the waste as fuel to generate energy at the Geocycle facility located at 92 Ordish Road, Dandenong, VIC 3175. This waste will be transported by sea from New Zealand directly to the port of Melbourne. The proposed transboundary movement is planned to occur in up to six shipments, contingent on the permit being granted and within the timeframe specified in the permit.
The obligations under the Act for Geocycle SBF Pty Ltd include submitting a detailed application outlining the nature of the hazardous waste, the method of disposal, and the transportation logistics. They must ensure that the waste is managed in compliance with the standards set by the Act and the Basel Convention. Additionally, they must provide any necessary documentation to substantiate the safety and environmental soundness of the disposal operation. The Department of the Environment, as the governing body, will review the application, and public comments can be submitted within 28 days of the Gazette publication.
Breach of the provisions under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant consequences. Offences may include the unauthorized export, import, or transboundary movement of hazardous waste. Penalties for contravening the Act can be severe, with maximum fines and imprisonment terms stipulated to enforce compliance. For instance, knowingly contravening the Act could result in substantial fines and, in some cases, imprisonment for individuals involved. Civil and criminal penalties may also apply if the waste management practices do not meet the regulatory standards, potentially leading to enforcement actions by the relevant authorities.