Notice of application received from PGM Refiners Pty Ltd to export up to 3000 tones of Cathode Ray Tube (CRT) lead glass waste

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of managing the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The policy objective of this Act is to regulate the movement of hazardous waste between countries in a way that prevents illegal traffic and promotes environmentally sound management. The enactment of this legislation was necessary to fill the gap in regulation regarding the export and import of hazardous waste, providing a legal framework that aligns with international agreements and standards, such as the Basel Convention. This Act is administered by the Australian Government, with the Minister for the Environment being the relevant authority responsible for issuing permits and ensuring compliance with the provisions of the Act. The public notice, as seen in the Gazette, serves to inform stakeholders of the application process and the details of proposed waste movements, ensuring transparency and public participation in the regulatory process.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 is a Commonwealth Act that applies to the export and import of hazardous waste within Australia. This legislation applies to any person or entity intending to export or import hazardous waste, including businesses, government agencies, and individuals. The Act specifically governs the export of hazardous waste to ensure that it is managed in an environmentally sound manner, thereby protecting human health and the environment. The Act's jurisdiction extends across the entire Commonwealth of Australia, ensuring that all hazardous waste movements are subject to stringent regulatory oversight. The Act provides for the issuance of permits for the export of hazardous waste and sets out the conditions under which such permits may be granted, including requirements for waste characterisation, transport, and treatment at the destination. The Act does not apply to the export of non-hazardous waste or to domestic waste movements within Australia, thereby excluding these activities from its scope. The application of the Act is further detailed and expanded upon through subordinate instruments, which provide specific guidelines and criteria for the assessment and approval of hazardous waste export activities.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires that any entity seeking to export hazardous waste must notify the Minister of their application. This notification must include the nature of the waste, the quantity, the intended destination, and the purpose of the export. In this case, PGM Refiners Pty Ltd has applied to export up to 3000 tonnes of Cathode Ray Tube (CRT) lead glass waste to Korea Zinc Co. Ltd in South Korea (Section 33). The purpose of the export is for the recycling and reclamation of metals and metal compounds. The transboundary movement will be conducted in up to 150 shipments from the Port of Melbourne to the Port of Busan, South Korea, and then transported by road to the recycling facility. The Act imposes several obligations on the parties involved in the export of hazardous waste. Firstly, the exporter, PGM Refiners Pty Ltd, must ensure that the export is conducted in accordance with the permit issued by the Minister. This includes adhering to all conditions specified in the permit, such as the method of transport and the handling of the waste upon arrival. Secondly, the importer, Korea Zinc Co. Ltd, must be a designated facility authorised to handle the specific type of hazardous waste being imported. They must also ensure that the waste is managed in a manner that is environmentally sound and does not pose a risk to human health or the environment (Sections 16 and 17). Both parties are required to maintain records of the export and import, including details of the waste, the transport arrangements, and any incidents that occur during the process. Failure to comply with the provisions of the Act can result in significant legal consequences. Under Section 64, any person who contravenes the Act can be subject to a civil penalty. The maximum penalty for an individual is $66,000 or, in the case of a corporation, up to $330,000. Additionally, criminal offences may be charged under Section 65, where an individual can face a fine of up to $66,000 or imprisonment for up to two years, or both. For corporations, the maximum penalty can be up to $3.3 million or imprisonment for up to five years, or both. These penalties underscore the importance of strict adherence to the Act’s requirements to avoid severe legal repercussions.