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 500 000 litres of waste oil from Total Waste Management Limited, Allotment 32, Section 140, Building 9, Walter Bay Industrial Center, Badili, National Capital District, Papua New Guinea for recovery operation R9 – Used oil re-refining or other reuses of previously used oil
The waste would be shipped from Port Moresby in Papua New Guinea to the port of Newcastle, NSW, transiting no other ports. From there, the waste would be transported by road via a transfer station operated by Southern Oil in North St Marys to the Southern Oil refinery in Wagga Wagga, NSW. At the refinery, the waste would undergo recovery operation R9 – Used oil re-refining or other reuses of previously used oil.
The import would take place in up to twenty (20) shipments over a period of up to twelve months, as specified in the permit, if granted.
Andrew McNee
Assistant Secretary
Environment Protection Branch
16 August 2013
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent regulation over the import and export of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. This Act was brought into law by the Commonwealth Parliament with the aim of providing a framework for the regulation of hazardous waste, including the establishment of a permit system to control the movement of such waste across borders. The policy objective of the Act is to prevent the improper disposal of hazardous waste, which could lead to significant environmental harm and public health risks.
The notice of application received under this Act highlights a specific case where Hazmat Services Pty Ltd has applied for permission to import up to 500,000 litres of waste oil from Papua New Guinea for re-refining in Wagga Wagga, NSW. This process underscores the Act's role in overseeing and regulating the import of hazardous materials, ensuring that all activities comply with the stringent environmental and safety standards set forth by the legislation.
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, including the application for such activities. The Act regulates the management of hazardous waste to protect human health and the environment. It applies to all persons and entities involved in the export or import of hazardous waste within Australia and its territorial waters. The geographic scope of the Act extends to the entire Commonwealth of Australia, encompassing federal, state, and territory jurisdictions. Exclusions or exemptions from the Act are limited, with most hazardous waste activities requiring a permit. The Act may also extend or restrict its application through subordinate instruments, such as regulations or guidelines, which can provide further detail on specific aspects of hazardous waste management. In this instance, Hazmat Services Pty Ltd has applied for a permit under the Act to import up to 500,000 litres of waste oil from Papua New Guinea for recovery operations, demonstrating the Act's application to cross-jurisdictional waste management activities.
Key Provisions
The main operative sections of the notice (Section 33) of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 are concerned with the notification of a received application for the importation of hazardous waste. Specifically, Section 33 requires the government to give public notice of any application received for the importation of hazardous waste. In this case, the application (C2013G01264) pertains to the importation of up to 500,000 litres of waste oil from Papua New Guinea to Australia, with a specified recovery operation (R9) of used oil re-refining or reuse. This section ensures transparency and public awareness regarding the import of hazardous waste into the country.
The Act imposes several obligations and requirements on Hazmat Services Pty Ltd, the applicant, and Southern Oil, the operator of the transfer station and refinery. Firstly, Hazmat Services Pty Ltd must adhere to the terms and conditions outlined in the permit if it is granted. This includes ensuring that the waste oil is properly managed and transported in accordance with the recovery operation specified (R9). Additionally, Hazmat Services must provide detailed information about the waste, its origin, and the intended recovery process. Southern Oil, as the operator of the transfer station and refinery, must comply with all relevant regulations concerning the handling and processing of hazardous waste. This includes maintaining appropriate facilities and procedures to safely manage the waste oil during transportation and recovery operations.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties. For instance, Section 49A of the Act stipulates that any person who contravenes a provision of the Act is liable to a fine of up to $210,000 for a corporation and $42,000 for an individual. Moreover, the Act also provides for the possibility of criminal charges being brought against individuals who are responsible for serious breaches, potentially leading to imprisonment. Additionally, any person who suffers loss or damage due to a contravention of the Act may be entitled to seek compensation from the responsible party. These penalties and consequences underscore the importance of strict compliance with the Act's requirements to ensure the safe and lawful management of hazardous waste.