Notice of application received from Hospira Australia Pty Ltd to export expired platinum based pharmaceuticals to Germany.

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the problem of the improper management and transboundary movement of hazardous waste, including the export and import of hazardous materials that could potentially harm human health and the environment. The Act aims to regulate the export and import of hazardous waste to ensure they are managed in an environmentally sound manner, thereby protecting human health and the environment from the adverse effects of such waste. The Act establishes a system for the notification, consent, and tracking of hazardous waste movements across international borders, ensuring that Australian exporters and importers comply with stringent environmental protection standards. The notice of application received under this Act pertains to the export of up to 24 tonnes of expired platinum-based pharmaceuticals from Hospira Australia Pty Ltd to Heraeus Precious Metals GmbH Co. KG in Germany, for the purpose of recycling and reclamation of metals and metal compounds. This export is subject to the regulatory oversight and approval processes outlined in the Act, which includes a notification to the relevant authorities and the public, ensuring transparency and accountability in the transboundary movement of hazardous waste. The policy objective is to prevent and minimise the generation of hazardous waste, promote the environmentally sound management of such waste, and facilitate the reduction of transboundary movements of hazardous waste where possible.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste within Australia, encompassing any individual or entity intending to engage in such activities. This legislation ensures the safe and environmentally sound management of hazardous waste, thereby protecting both Australian and international environments from potential harm. The Act applies nationally across Australia, imposing stringent controls and regulations on the transboundary movement of hazardous waste. It mandates that exporters, such as Hospira Australia Pty Ltd in this instance, must seek approval before exporting hazardous waste, which in this case includes expired platinum-based pharmaceuticals for recycling in Germany. The Act’s jurisdiction extends to overseeing the entire process from the initial application through to the physical movement and ultimate destination of the waste. While the Act broadly governs hazardous waste movements, certain exclusions and exemptions may apply based on specific criteria, such as the types of waste, quantities, and destinations. Additionally, the Act can be further regulated or clarified through subordinate instruments, which can introduce more detailed requirements or interpretations of the primary legislation.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) requires that an application be submitted to the Minister for the export of hazardous waste. This particular application, as indicated in the notice, is from Hospira Australia Pty Ltd, a company based in Victoria, seeking to export up to 24 tonnes of expired platinum-based pharmaceuticals to Heraeus Precious Metals GmbH Co. KG in Germany. The purpose of the export is for the recycling and reclamation of metals and metal compounds. The proposed shipment will be conducted in five separate movements, departing from the Port of Melbourne, transiting through Hong Kong, and arriving in Germany before being transported by land to the recycling facility. The obligations imposed by the Act on the parties involved are multifaceted. Hospira Australia Pty Ltd must ensure that the application is comprehensive, detailing the nature of the waste, the intended recipient, the method of transport, and the environmental safeguards in place for the entire journey. This includes providing a detailed plan for each phase of the waste’s movement, ensuring that all transboundary shipments comply with both Australian and international regulations. The recipient, Heraeus Precious Metals GmbH Co. KG, must also comply with German laws governing hazardous waste imports and must be prepared to manage the waste in an environmentally sound manner as per international agreements. Failure to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant legal consequences. The Act allows for enforcement actions against both the exporter and the importer if the provisions are not followed. For example, unauthorised export of hazardous waste can result in substantial fines and, in severe cases, imprisonment. The maximum penalty for an individual can include fines up to $220,000 and imprisonment for up to five years, while corporate entities can face even higher fines, reflecting the seriousness of the environmental risks posed by such activities. Additionally, the Act provides for the recovery of costs incurred by the government in dealing with non-compliance, further incentivising adherence to the regulatory framework.