Notice of application received from S.P.E. for a permit to transit wood treated with creosote through Sydney and Melbourne en route to France from French Polynesia

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of hazardous waste management within Australia, specifically in relation to the export and import of such materials. This legislation was introduced by the Australian Parliament to establish a regulatory framework that ensures hazardous waste is managed in an environmentally sound manner. The policy objective behind the Act is to prevent the improper disposal and transboundary movement of hazardous waste, thereby protecting human health and the environment. In the context of the Act, the receipt of an application for a special transit permit, such as the one from S.P.E. for the transit of wood treated with creosote, is a procedural measure to ensure transparency and public participation in the decision-making process regarding hazardous waste movement.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any individual or entity engaged in the export or import of hazardous waste, including transboundary movement of such wastes. This Act operates within the Commonwealth of Australia and is designed to regulate the movement of hazardous waste to prevent environmental harm and protect human health. The Act applies to all hazardous wastes listed in the Basel Convention, which includes the creosote-treated wood referenced in the special transit permit application for the export from French Polynesia to France via Sydney and Melbourne. The legislation mandates that any movement of such wastes must be authorised through a permit process overseen by the Department of the Environment. The Act also allows for the extension or restriction of its application through subordinate instruments, such as regulations and codes of practice, which provide additional detail on the implementation and compliance requirements. Exclusions or exemptions from the permit requirements are limited, with the primary focus being on ensuring that all transboundary movements of hazardous waste are conducted in a manner that safeguards environmental and public health interests.

Key Provisions

The primary sections of the legislation in question pertain to the requirements for special transit permits under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of the Act mandates the provision of a notice to the public when an application for such a permit is received. In this case, Section 33 applies to the special transit permit application (AUS15-027) for the movement of up to 40 tonnes of wood treated with creosote through Sydney and Melbourne. This transit is intended for a recovery operation in France, specifically for use as a fuel to generate energy. The permit application, received on 1 September 2015 from S.P.E., a company located in French Polynesia, must comply with the provisions outlined in the Act. The Act imposes several obligations and requirements on the parties involved in the transit of hazardous waste. For the applicant, S.P.E., it is essential to ensure that all documentation and information provided with the permit application is accurate and complete. The applicant must also facilitate the public comment period as per Section 33, allowing interested parties to lodge their written comments within 28 days of the notice's publication in the Gazette. These comments should be directed to the Director of the Hazardous Waste Section at the Department of the Environment. Furthermore, the Act requires the applicant to provide details of the waste, the intended recovery operation, and the proposed transit route. The Department of the Environment, upon reviewing the application, must consider the environmental implications of the proposed transit and determine whether the application should be approved, subject to certain conditions, or refused. Failure to comply with the requirements set forth in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in various penalties and consequences. If an applicant submits an incomplete or inaccurate application, the Department may refuse the special transit permit, preventing the transit of the hazardous waste as proposed. Moreover, if a permit is granted and the conditions are not adhered to during the transit, this could result in enforcement action. The Act does not specify maximum penalties in the Gazette notice, but generally, breaches of environmental legislation can result in significant fines, legal action, and potential criminal charges, depending on the severity and intent of the breach. The Act's provisions are designed to protect the environment and public health by ensuring that hazardous waste is managed responsibly and in accordance with regulatory requirements.