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 for a Basel transit permit was received from Globecare Services, Inc., RM 205 Midway Court Building, 241 EDSA, Mandaluyong City, Philippines 1550 (Telephone +632 724 91 66; Facsimile +632 725 74 87).
The application relates to the proposed transit of up to 140 tonnes of solids and liquids contaminated with polychlorinated biphenyls (Basel code: A3180) through Darwin en route from the Philippines to France. The waste is destined for disposal operation D10 – Incineration on land at the Tredi disposal facility at St Vulbas.
The transboundary movements would take place in up to 15 shipments, during the time period stated 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.
Declan O’Connor-Cox
Delegate to the Minister
Acting Assistant Secretary
Waste Policy Branch
Department of the Environment
19 May 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the transboundary movement of hazardous waste, particularly the export and import of hazardous materials that could pose risks to human health and the environment. The Act was introduced by the Commonwealth Parliament and aims to ensure that hazardous waste is managed in an environmentally sound manner, in accordance with the principles of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. This legislation establishes a regulatory framework to control the export and import of hazardous waste, including the requirement for permits and notifications, and to ensure that such movements are conducted in a manner that minimises the potential for adverse effects on human health and the environment. The notice of application received under this Act concerns an application for a Basel transit permit for the transit of polychlorinated biphenyls-contaminated waste through Australia, highlighting the ongoing relevance of the Act in regulating hazardous waste movements.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of exports and imports of hazardous waste in Australia, encompassing any entities and persons involved in the movement of such waste across Australian borders. This includes the application process for transit permits for hazardous waste, as detailed in the provided notice. The Act has a national reach, applying to the Commonwealth of Australia, and is designed to ensure that the transboundary movement of hazardous waste is conducted in a manner that protects human health and the environment. Notably, the Act allows for the granting of permits for the transit of hazardous waste through Australian territory, subject to specific conditions and requirements. The notice regarding the application for a Basel transit permit by Globecare Services, Inc., illustrates the application of the Act in practice, highlighting the processes and considerations involved in the approval of such transboundary movements. Exclusions and exemptions are generally determined on a case-by-case basis, with the Act providing flexibility through subordinate instruments to address specific circumstances or types of waste.
Key Provisions
The Hazardous Waste (Regulation of Exports and Imports) Act 1989, particularly Section 33, mandates the publication of a notice when an application for a Basel transit permit is received. This notice informs the public of the application for a permit to transit hazardous waste, as evidenced by the recent notice of an application from Globecare Services, Inc. The application (paragraph 2) concerns the transit of up to 140 tonnes of polychlorinated biphenyls-contaminated solids and liquids from the Philippines to France via Darwin. This waste is intended for incineration at the Tredi disposal facility in St Vulbas, France.
The Act imposes several obligations on the parties involved. Globecare Services, Inc. must submit a detailed application outlining the specifics of the waste transit, including the type and quantity of waste, the proposed route, and the destination. The Department of the Environment, through its Hazardous Waste Section, is responsible for reviewing the application and considering any public comments received within the specified 28-day period. Public comments, as stated, should be submitted to the Director of the Hazardous Waste Section either by mail or email, and must not include any commercial-in-confidence information.
Failure to comply with the provisions of the Act can lead to various consequences. While the notice itself does not explicitly state penalties, breaches of the Act could result in civil or criminal sanctions, including fines and imprisonment. For instance, unauthorised transboundary movements of hazardous waste are considered offences under the Act, with potential penalties ranging from fines to imprisonment, depending on the severity of the breach. The exact penalties are typically outlined in other sections of the Act or in related regulations.