Notice of Application Received From Mount Isa Mines Limited to Export Lead Dross to Belgium

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the regulation of the export and import of hazardous waste in Australia, aiming to ensure that such activities are conducted in a manner that protects human health and the environment. The Act was introduced by the Parliament of Australia to provide a framework for the management of hazardous waste movements across international borders, thereby aligning with international conventions and protocols such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The policy objective of the Act is to control and monitor the export and import of hazardous waste to prevent illegal traffic and ensure that waste is managed in an environmentally sound manner. This legislative measure underscores Australia’s commitment to environmental protection and international cooperation in managing hazardous waste.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the transboundary movement of hazardous waste, including the export and import of such waste, within the Commonwealth of Australia. This Act governs the process by which an entity, such as Mount Isa Mines Limited, must apply for and obtain a permit to legally export hazardous waste. The application in question pertains to the export of up to 5500 wet metric tonnes of lead dross, a specific type of hazardous waste, to a facility in Belgium. The Act ensures that the movement of hazardous waste is managed in a manner that minimises risks to human health and the environment. The geographic reach of the Act extends beyond Australia's borders, as it regulates the export of hazardous waste and oversees its journey through multiple jurisdictions until it reaches its final destination. The Act does not explicitly state exclusions or thresholds but governs the entire process from application to final disposal or processing at the destination. Subordinate instruments may further extend or detail the application of the Act, although this specific notice does not elaborate on such instruments.

Key Provisions

The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertinent to this application are Section 33, which mandates that notice be given when an application has been received for the export of hazardous waste (subsection 33(1)). This section requires the details of the application, including the type and quantity of waste, the exporter and importer, and the intended process for the waste (subsection 33(2)). Furthermore, Section 34 outlines the requirements for the permit, which includes the conditions that must be met for the export to be legally permissible (subsection 34(1)). The Act imposes several obligations and requirements on the parties involved. Firstly, the exporter, in this case, Mount Isa Mines Limited, must ensure that the waste is classified correctly and that the details provided in the application are accurate and complete (subsection 33(2)). They must also ensure that the waste is managed in a way that complies with all relevant environmental protection laws both in Australia and the destination country (subsection 34(2)). The importer, Umicore Precious Metal Refining, must ensure that they have the necessary facilities and processes to handle the waste in compliance with Belgian regulations and the Basel Convention (subsection 34(3)). Both parties must also demonstrate that the export will not contribute to illegal traffic of hazardous waste and that it will not harm human health or the environment (subsection 34(4)). Failure to comply with the provisions of the Act can result in significant penalties and legal consequences. Under Section 45, any person who exports, imports, or traffics in hazardous waste in breach of the Act can be subject to criminal penalties. This includes fines of up to $1,260,000 for an individual and up to $6,300,000 for a body corporate, as well as potential imprisonment (subsection 45(1)). Additionally, under Section 46, civil penalties can be imposed for breaches of permit conditions, with fines of up to $63,000 for an individual and up to $315,000 for a body corporate for each day of non-compliance (subsection 46(1)). The Act also allows for the recovery of costs associated with the enforcement actions and the remediation of any environmental damage caused by the breach (subsection 46(2)).