Notice of application received from PGM Refiners Pty Ltd to export waste cathode ray tube glass to Germany

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the transboundary movement of hazardous waste, ensuring it is managed in a manner that protects human health and the environment. This Act was brought into force by the Parliament of Australia to implement Australia's obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The primary policy objective of the Act is to regulate the export and import of hazardous waste to prevent illegal traffic and dumping, ensuring that any transboundary movement of hazardous waste is conducted in an environmentally sound manner. The Act empowers the Minister for the Environment to control the export and import of hazardous waste by requiring a permit for such activities, and it mandates the assessment of applications to ensure compliance with national and international standards. This legislative framework aims to mitigate the risks associated with the movement of hazardous materials across borders, thereby safeguarding public health and the environment.

Scope and Application

The notice regarding the application received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to an application submitted by PGM Refiners Pty Ltd, a company based in Dandenong, Victoria, seeking to export up to 3000 tonnes of lead-bearing waste cathode ray tube glass to Germany. This legislation applies to entities involved in the export and import of hazardous waste, ensuring that such activities are conducted in compliance with national and international standards. The application specifies that the waste will be transported by sea, transiting through several countries before reaching Germany, where it will be subjected to various recovery operations including recycling and reclamation of metals and other inorganic materials. The application is subject to the Commonwealth’s jurisdiction, and written comments on the permit application can be submitted to the Department of the Environment within a specified period. This Act does not detail specific exclusions or exemptions but operates within the broader regulatory framework designed to manage and control the transboundary movement of hazardous waste.

Key Provisions

The primary operative sections of the notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 inform that an application has been received by PGM Refiners Pty Ltd for the export of up to 3000 tonnes of lead-bearing waste cathode ray tube glass to Germany (section 33). The notice specifies that the waste, classified under Basel Code A2010, will be transported by sea, with transit stops in Egypt, Malta, Italy, and England, before reaching the Port of Hamburg in Germany. This movement is intended for various recovery operations, including the accumulation of materials for recovery (R13), recycling of other inorganic materials (R5), and recycling of metals and metal compounds (R4) at specified facilities. The notice also indicates that the waste will be transported in up to 150 shipments over a period specified in the permit, if granted. The Act imposes certain obligations on PGM Refiners Pty Ltd and the relevant authorities. The applicant is required to submit a detailed application outlining the nature of the waste, the proposed recovery operations, and the transportation plan, including all transit points. The Department of the Environment is tasked with reviewing the application and making a determination based on the information provided and any comments received from the public. The Act also mandates that written comments on the permit application can be lodged with the Department within 28 days of the Gazette publication. The Department will then share these comments with the applicant, ensuring transparency in the review process. The applicant is also advised to avoid including commercial-in-confidence information in their comments. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in various consequences. If an entity exports hazardous waste without the required permit, they could be subject to criminal penalties, including fines and imprisonment. Specifically, under section 66 of the Act, an individual who commits an offence against the Act may be fined up to $330,000 for a corporation or $66,000 for an individual, and/or imprisonment for up to five years. Additionally, the Act provides for civil penalties for non-compliance, including fines that can be substantial depending on the severity and frequency of the breach. These penalties are designed to ensure that hazardous waste is managed responsibly and in accordance with the regulatory framework established by the Act.