Notice of Application Received from Orica to export up to 60 tonnes of spent catalyst

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide a legislative framework for the control of hazardous waste exports and imports, ensuring that these activities are conducted in an environmentally sound manner. This legislation was introduced to address the growing concerns over the improper disposal and management of hazardous wastes, which can pose significant risks to human health and the environment. The Act is administered by the Australian Government, with the policy objective of preventing or minimising the risks associated with the transboundary movement of hazardous wastes by ensuring that such movements are carried out in a way that protects human health and the environment. Through this Act, the Australian Government seeks to align with international obligations under various conventions, such as the Basel Convention, to control the transboundary movements of hazardous wastes and their disposal.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the transboundary movement of hazardous waste, specifically targeting entities involved in the export or import of such waste materials. This Act governs the process of applications for the export of hazardous waste, ensuring that such activities are carried out in a manner that minimises risk to human health and the environment. The Act applies to companies like Orica, which are involved in the export of hazardous waste, as well as to international entities such as Metallo Chimnique International BV, which are the intended recipients of such waste. The geographic reach of the Act extends nationally within Australia, regulating the export of hazardous waste from Australian ports, such as the Port of Fremantle, to international locations. The Act also imposes certain conditions and requirements on the transportation of hazardous waste through various countries, such as Singapore, Malaysia, Egypt, the Netherlands, and Germany, en route to the final destination in Belgium. The application for the export of up to 60 tonnes of spent catalyst from Australia to Belgium is subject to the provisions of this Act, and any exemptions or exclusions must be specified in the subordinate instruments or accompanying documentation.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989, particularly Section 33, mandates that a notice must be given when an application for the export of hazardous waste has been received. In this instance, Section 33 requires that the notice detail the applicant, the type and quantity of waste, the destination, and the intended process (such as recycling or reclamation) (Section 33(1)). The notice also specifies the route and mode of transport, including any potential transboundary movements and transit countries, for the hazardous waste in question. This particular notice involves Orica, which has applied to export up to 60 tonnes of spent catalyst to Metallo Chimnique International BV in Belgium for recycling purposes. The notice outlines the two shipments and the ports and countries involved in the transboundary movements, including the Port of Fremantle and transits through Singapore, Malaysia, Egypt, the Netherlands, and Germany. The Act imposes several obligations on the parties involved. For Orica, the applicant, it includes ensuring that the hazardous waste is managed in a manner that minimises risks to human health and the environment (Section 27). This involves providing detailed information about the waste, the proposed disposal method, and the journey of the waste to the designated authority. For the Environment Protection Branch, the regulatory body, it involves reviewing the application, ensuring that all necessary information is provided, and assessing the potential environmental and health risks associated with the proposed export. The Act also requires the regulator to ensure that the receiving country has the capacity and facilities to manage the waste safely (Section 29). Breaching the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to serious legal consequences. Under Section 36, any person who exports or imports hazardous waste without a permit, or who contravenes the conditions of a permit, commits an offence. The penalties for such offences can be severe, with potential maximum fines and imprisonment. Specifically, for corporations, the maximum penalty for contravening the Act can be up to $66,000,000 for a single offence (Section 44(1)(b)). For individuals, the penalties can include fines of up to $1.1 million and imprisonment for up to 15 years (Section 44(1)(a)). Additionally, the Act provides for civil penalties, including fines, and the possibility of injunctions to prevent further breaches (Section 52). The serious consequences underscore the importance of strict compliance with the Act’s requirements to protect human health and the environment.