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 (Hazmat Services), 42 Heather Street, Heatherbrae, New South Wales 2324. The application relates to the import of up to 100 000 litres of wase non-halogenated solvents from Total Waste Management Ltd, Section 79, Lot 19, Merrie England Road, Korobosea, National Capital District, 131, Papua New Guinea. The applicant proposes importing the non-halogenated solvents for use as an ingredient in the production of fuel for cement kilns.
Under the proposed transboundary movement the waste would be transported by road to Port Moresby in Papua New Guinea and then shipped by sea direct to Newcastle in Australia. From there, the waste would be transported by road to the Hazmat Services waste management facility at 42 Heather Street, Heatherbrae, New South Wales 2324 for storage. The waste would then be transported by road to the Geocycle SPF Pty Ltd (Geocycle) facility at 1/92‑94 Ordish Road, Dandenong, Victoria 3175 for use as an ingredient in the production of fuel for cement kilns.
The transboundary movements would take place in six (6) shipments over twelve (12) months commencing from the date of the permit, if granted.
Dr Barry Reville
Delegate to the Minister
Assistant Secretary
Environment Protection Branch
22 October 2012
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 and other wastes that could potentially harm human health and the environment. The Act aims to regulate the import and export of hazardous waste and provides mechanisms for ensuring that such movements are conducted in a safe and environmentally sound manner. The policy objective of the Act is to prevent the transboundary movement of hazardous wastes that may lead to their disposal or recycling in a manner that could harm human health or the environment in the importing country. In this context, the Act requires that any person proposing to import hazardous waste must first obtain a permit from the Minister for the Environment. The notice of application received under this Act by Hazmat Services Pty Ltd signifies the formal initiation of the permit application process for the importation of a specific quantity of non-halogenated solvents from Papua New Guinea to Australia.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity proposing to export or import hazardous waste, or controlling such activities, within Australia and its territories. This includes the movement of waste across international borders, necessitating permits for such activities as stipulated in the Act. In the case of Hazmat Services Pty Ltd, the Act applies to their proposed import of non-halogenated solvents from Papua New Guinea for use in Australian industrial processes. The geographic reach of the Act extends to the Commonwealth level, ensuring that hazardous waste movements adhere to national standards and international agreements, such as the Basel Convention. The Act does not specify exclusions but relies on subordinate instruments and regulations to define what constitutes hazardous waste and the conditions under which such movements can occur. These regulations can impose additional requirements and conditions, thereby extending or restricting the application of the primary Act.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 mandates that a notice be issued when an application is received for the import or export of hazardous waste. This particular notice concerns an application from Hazmat Services Pty Ltd, proposing to import up to 100,000 litres of waste non-halogenated solvents from Total Waste Management Ltd in Papua New Guinea. The solvents are intended for use as an ingredient in producing fuel for cement kilns. The notice details the proposed transport routes, from Papua New Guinea to Newcastle, Australia, and then to Hazmat Services' facility in Heatherbrae, followed by Geocycle SPF Pty Ltd's facility in Dandenong for processing.
The Act imposes specific obligations on the parties involved in the transboundary movement of hazardous waste. Hazmat Services, as the applicant, must provide detailed information about the proposed movement, including the type and quantity of waste, the intended use, and the transportation routes. They must also ensure that all environmental and safety protocols are adhered to throughout the process. Additionally, the Act requires Hazmat Services to obtain a permit from the relevant authorities before proceeding with the import. Failure to comply with these requirements can result in legal repercussions.
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 includes provisions for penalties and consequences in the event of non-compliance. Under Section 46, any person who contravenes the Act may be liable to a fine of up to $1,100,000 for a corporation and $220,000 for an individual, or imprisonment for up to five years, or both. Furthermore, Section 47 provides that the court may order the cessation of activities that contravene the Act, and Section 48 allows for the recovery of costs incurred in investigating or prosecuting breaches. These stringent penalties underscore the importance of compliance with the Act’s provisions.