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 Hazmat Services Pty Ltd, 42 Heather Street, Heatherbrae NSW 2324. The application relates to the importation of up to 100 000 litres of waste non‑halogenated solvents from Total Waste Management Limited, Section 79, Lot 19, Merrie England Road, Korobosea, NCD, 131, Papua New Guinea for recovery operations R1 – Use as a fuel (other than in direct incineration) or other means to create energy.
The Basel Convention waste identification code for this waste is A3140 ‘Waste non‑halogenated organic solvents but excluding such wastes specified on list B.’
The waste will be stored in sealed 205 litre steel or polypropylene drums or 1 000 litre Intermediate Bulk Containers and transported by road to Port Moresby in Papua New Guinea. From there, the wastes would be shipped by sea direct to Melbourne transiting no other ports. The waste would then be transported by road to Geocycle SBF Pty Ltd (Geocycle) at 92 Ordish Road, Dandenong South, Victoria 3175, where the waste will be used as an ingredient in fuel for cement kilns.
The import would take place in up to six (6) shipments over twelve months commencing from the date of the permit, if granted.
Andrew McNee
Assistant Secretary
Environment Protection Branch
12 March 2013
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the transboundary movement of hazardous waste, ensuring it is managed in a manner that protects human health and the environment. The Act was designed to align Australia's practices with the Basel Convention, an international treaty aimed at reducing the movement of hazardous waste between nations, particularly from developed to less developed countries. The policy objective of the Act is to regulate the export and import of hazardous waste to prevent environmental degradation and protect public health. The Parliament of Australia enacted this legislation to enforce these objectives, and it applies to all hazardous waste intended for export or import, requiring notification and permits as stipulated in the Act.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the import and export of hazardous and prescribed waste in Australia, ensuring these activities are conducted safely and responsibly. The Act applies to any person or entity seeking to import or export hazardous waste, including waste management companies, waste producers, and any other parties involved in the waste management chain. This Act extends across the Commonwealth, meaning it applies nationally, and it includes provisions for ensuring that hazardous waste does not pose a risk to human health and the environment during transportation, storage, and processing. While the Act generally applies broadly, there are specific exclusions and exemptions, such as prescribed waste that is not classified as hazardous under the Act, and these are typically defined within the Act or through subordinate legislation. The application from Hazmat Services Pty Ltd, for example, must comply with all the requirements stipulated in the Act, including obtaining necessary permits and ensuring that the waste in question meets the criteria for safe handling and processing as outlined in the legislation.
Key Provisions
The primary operative section referenced in this notice is Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This section mandates the notification to the public about the receipt of an application for a permit concerning the importation of hazardous waste. In this instance, Hazmat Services Pty Ltd has submitted an application to import up to 100,000 litres of waste non-halogenated solvents from Total Waste Management Limited in Papua New Guinea. The intended use of this waste is for recovery operations, specifically as a fuel or for creating energy through means other than direct incineration. The waste will be classified under the Basel Convention waste identification code A3140, which denotes waste non-halogenated organic solvents not specified on list B.
The Act imposes several obligations on the parties involved. Hazmat Services Pty Ltd must ensure that the waste is transported and stored in compliance with the standards outlined in the application. This includes the use of sealed 205-litre steel or polypropylene drums or 1,000-litre Intermediate Bulk Containers for storage and transportation by road to Port Moresby, Papua New Guinea, and then by sea to Melbourne. Once in Melbourne, the waste will be transported to Geocycle SBF Pty Ltd at Dandenong South, Victoria, where it will be used as an ingredient in fuel for cement kilns. The import is planned to occur over twelve months, in up to six shipments, contingent on the permit being granted.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant consequences. Offences under the Act may lead to both civil and criminal penalties. The Act provides for substantial fines and potential imprisonment. Specifically, the Act outlines penalties for unauthorised exports or imports of hazardous waste, which can include fines of up to $660,000 for a corporation and imprisonment for up to five years. Additionally, there are provisions for penalties in cases of non-compliance with waste management and transportation regulations, which can further escalate the financial and legal ramifications for the parties involved.