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 400 tonnes of waste solvent (Basel Code A3140) 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 20 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.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
3 August 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the growing concern over the transboundary movement of hazardous waste, including the potential environmental and health risks associated with such movements. The Act was introduced to ensure that hazardous waste is managed in a manner that protects human health and the environment, both domestically and internationally. This was a necessary legislative response to fill the gap in existing regulations that could not adequately control and monitor the export and import of hazardous materials, thereby preventing improper disposal and potential harm to ecosystems and communities. The policy objective of the Act is to provide a stringent regulatory framework that requires permits for the export and import of hazardous waste, ensuring that such activities are conducted in an environmentally sound manner and in compliance with international agreements such as the Basel Convention.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to import or export hazardous waste, including waste solvents, across Australian borders. The act is administered at the national level, ensuring that all hazardous waste movements are subject to regulatory oversight. The act applies to the specific case of Geocycle SBF Pty Ltd, which has applied for permission to import up to 400 tonnes of waste solvent from New Zealand for disposal operations in their facility located in Dandenong, Victoria. The scope of the act is such that it mandates notifications and approvals for the import of hazardous waste, ensuring that these materials are managed in an environmentally sound manner. There are no stated exclusions or exemptions in this instance, but the act may provide for such under specific circumstances. The application of the act can be extended or modified through subordinate instruments, ensuring that it remains relevant and effective in regulating hazardous waste movements.
Key Provisions
The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as referenced in the Gazette, concern the import of hazardous waste, specifically waste solvent (Basel Code A3140) in this case, for disposal operations such as using it as fuel or generating energy. Section 33 of the Act is particularly relevant here, as it mandates the notification of applications for importing hazardous waste, ensuring transparency and public involvement in the decision-making process. The application from Geocycle SBF Pty Ltd for importing up to 400 tonnes of waste solvent to their facility in Dandenong, VIC, for disposal operation R1 must comply with this section by providing detailed information about the waste, its intended use, and the logistics of its transport and disposal.
Under this Act, Geocycle SBF Pty Ltd must meet several obligations. They are required to submit a comprehensive application that includes specifics about the waste, the proposed disposal method, and the transportation route. Additionally, the company must ensure that the waste does not pose a risk to human health or the environment and must follow all stipulated guidelines and regulations. Furthermore, Geocycle SBF Pty Ltd must allow the public and relevant stakeholders to review and comment on the application, thereby providing an opportunity for scrutiny and public participation.
Failure to comply with the requirements set forth by the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to serious legal consequences. If an entity breaches the provisions of the Act, they may face penalties that could include fines and imprisonment. The maximum penalties for non-compliance with the Act can be substantial, reflecting the serious nature of handling hazardous waste and the potential environmental and health risks involved. These penalties serve as a deterrent to ensure that all entities adhere strictly to the regulations governing the import and disposal of hazardous waste in Australia.