Notice of application received from Hazmat Services Pty Ltd to import up to 50 000 kilograms of used oil filters

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the issue of the transboundary movement of hazardous waste, aiming to ensure that such waste is managed in an environmentally sound manner. The Act was introduced to fill a gap in existing legislation by providing a regulatory framework to control the export and import of hazardous waste, thereby protecting the environment and public health from the potential risks associated with the movement of hazardous materials across borders. The policy objective of the Act is to ensure that hazardous waste is managed in a way that minimises risks to human health and the environment, while also facilitating the international trade of waste for recycling and recovery purposes in an environmentally sound manner. This legislative framework requires that any proposed transboundary movement of hazardous waste is subject to prior written notification and consent, ensuring that importing countries are fully informed and can make an educated decision on whether to permit the import.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the import and export of hazardous waste, including used oil filters, in Australia. This Act applies to persons or entities intending to import or export hazardous waste, ensuring that such activities comply with stringent environmental protection standards. The Act encompasses any movement of hazardous waste across international borders, including the transportation, handling, and storage of such waste within Australian territory. It applies to all states and territories in Australia and extends to activities conducted by Australian entities abroad and foreign entities entering Australia. Notably, the Act provides for the issuance of permits for specific transboundary movements of hazardous waste, as seen in the application by Hazmat Services Pty Ltd for importing used oil filters from Papua New Guinea for re-refining and recycling. The application process under this Act ensures that hazardous waste movements are managed in a manner that minimises environmental and health risks. However, the Act does not detail specific exclusions, but it allows for the creation of subordinate instruments to further define the scope and regulatory measures pertaining to hazardous waste movements.

Key Provisions

The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 that pertain to the application by Hazmat Services Pty Ltd (Hazmat Services) involve the import and transboundary movement of hazardous waste. Specifically, Section 33 (1) requires that an application be made to the Minister for the import of hazardous waste, and Section 33 (2) mandates that notice be given to the public and relevant authorities of the application. The application by Hazmat Services seeks to import up to 50,000 kilograms of used oil filters from Papua New Guinea for the purpose of extracting the oil for re-refining and extracting the metal for recycling. The waste is to be transported by road and sea, with multiple shipments over a twelve-month period. The obligations imposed on Hazmat Services and Total Waste Management Ltd by the Act include ensuring that the transboundary movement of hazardous waste complies with all applicable Australian and international regulations. This involves obtaining necessary permits and approvals, as well as adhering to strict environmental protection standards. Both parties must provide detailed information about the waste being transported, the methods of extraction and recycling, and the facilities where these processes will take place. They must also ensure that the transport and storage of the waste are conducted in a manner that minimises environmental harm and public health risks. Breach of the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal consequences. Under Section 113 of the Act, a person who contravenes a direction given under the Act may be liable to a penalty of up to $330,000 for a corporation and $66,000 for an individual. Additionally, under Section 114, a person who knowingly or recklessly contravenes the Act may be liable to a fine of up to $5.5 million for a corporation and $1.1 million for an individual. Furthermore, such breaches can result in imprisonment, with a maximum penalty of five years for a corporation and two years for an individual. The severity of the penalties reflects the potential environmental and public health risks associated with the improper handling of hazardous waste.