Notice of application received from Globecare Services Inc. to transit solids and liquids contaminated with polychlorinated biphenyls through Darwin en route from the Philippines to France

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the problem of the transboundary movement of hazardous wastes and their disposal, ensuring that such movements are conducted in a manner that protects human health and the environment. The Act was established to regulate the export and import of hazardous wastes, requiring permits for such activities and providing a framework for their assessment and control. The policy objective of the Act is to prevent and control the transboundary movement of hazardous wastes and their disposal in a manner that minimises potential adverse impacts on human health and the environment, consistent with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. This legislation thus serves to safeguard Australia’s environmental and public health interests by controlling the importation and exportation of hazardous materials and ensuring that any transboundary movement adheres to stringent regulatory standards.

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 within Australia, as well as to the waste itself, the vehicles and vessels used in its transport, and the facilities where it is generated or disposed. This Act is of national jurisdiction and governs the movement of hazardous waste across Australia's borders, ensuring compliance with international agreements such as the Basel Convention. The legislation imposes strict controls on the export, import, and transit of hazardous waste to prevent harm to human health and the environment. Exclusions and exemptions from the permit requirements may apply under certain conditions, but these are narrowly defined to maintain stringent oversight of hazardous waste movements. The Act also provides for the issuance of subordinate instruments to further regulate specific aspects of hazardous waste management, such as the conditions and procedures for obtaining transit permits. This particular notice of application under the Act pertains to Globecare Services, Inc.'s request for a Basel transit permit to move hazardous waste through Australian territory, highlighting the need for public scrutiny and input in the decision-making process.

Key Provisions

The notice under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs the public that an application for a Basel transit permit has been received. This particular application (paragraph 2) was submitted by Globecare Services, Inc., a company based in the Philippines, for the transit of up to 168,000 kilograms of hazardous waste contaminated with polychlorinated biphenyls (PCBs). The waste is intended for incineration at the Tredi disposal facility in France, with Darwin as the transit point. Australis Maritime Ltd, a carrier based in New Zealand, will be responsible for transporting the waste. The proposed transit involves up to 15 shipments and must adhere to the conditions outlined in the permit if it is granted. The Act imposes several obligations on the parties involved in the hazardous waste transit. Globecare Services, Inc., as the applicant, must provide detailed information about the waste, its origin, destination, and the intended disposal method. This information is necessary for the Department of the Environment to assess the environmental risks associated with the transit and to determine whether the permit should be granted (Section 33). Additionally, Australis Maritime Ltd must comply with the conditions specified in the permit, ensuring that the waste is transported safely and in accordance with the Basel Convention regulations. The Act also mandates that all transboundary movements of hazardous waste must be tracked, and records must be kept for a specified period. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties and consequences. Section 58 of the Act outlines various offences, including the unauthorised export or import of hazardous waste, failure to comply with permit conditions, and providing false or misleading information in an application. The maximum penalties for these offences can be substantial, including fines of up to AUD 1.1 million for individuals and AUD 5.5 million for corporations, as well as potential imprisonment terms. Additionally, breaches of the Act may lead to civil liability for damages caused by the improper handling or disposal of hazardous waste. The notice also provides an opportunity for public comment on the permit application. Section 33(4) allows interested parties to lodge written comments with the Department of the Environment within 28 days of the Gazette publication. This period is intended to give the public a chance to review the application and provide input on any potential environmental or health risks associated with the proposed transit. It is important to note that any comments submitted will be shared with the applicant, so respondents should avoid including any commercial-in-confidence information. This public consultation process is a critical aspect of the regulatory framework, ensuring that the decision-making process is transparent and considers broader community concerns.