Notice of application received from SteriHealth Limited for a permit to import clinical waste from New Zealand

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of controlling the export and import of hazardous waste, ensuring that such activities are conducted in an environmentally sound manner and with adequate safeguards. This legislation was introduced by the Australian Parliament to align with international obligations under the Basel Convention, which aims to minimise the movement of hazardous waste between nations, particularly from developed to less developed countries. The Act is designed to prevent the transboundary movement of hazardous waste that could be detrimental to human health and the environment. The policy objective behind the Act is to provide a regulatory framework that ensures hazardous waste is managed responsibly, with a focus on minimising risks to health and the environment during its export, import, and disposal. The Act plays a crucial role in enforcing compliance with these international agreements and protecting Australia’s environment and public health from potential hazards associated with hazardous waste.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to export or import hazardous waste, as well as the waste itself, which falls within its regulatory purview. The Act pertains to activities that involve hazardous waste, including its generation, exportation, importation, treatment, and disposal. Geographically, the Act operates at the Commonwealth level, meaning it has a national reach across Australia, ensuring uniform regulation of hazardous waste management. The application of the Act is not limited by state or territory boundaries, providing a cohesive framework for the control of hazardous waste movements across the nation. Exclusions or exemptions are generally not specified within the primary Act itself but may be detailed in subordinate legislation or regulations that provide additional criteria or specific exclusions. The Act’s application can be extended or restricted through subordinate instruments, which can include detailed guidelines or specific regulations that further define the scope of the Act's operation.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989, under section 33, requires that any entity wishing to import hazardous waste must lodge an application with the Department of the Environment (section 33(1)). In this case, SteriHealth Limited has submitted an application to import up to 150,000 kilograms of clinical waste (Basel code: A4020) from Waste Management International NZ Limited in New Zealand. This waste, identified under the Basel Convention, is intended for high temperature incineration at SteriHealth's disposal facility in Laverton North, Victoria. The application details that the waste will be transported by sea in up to twenty shipments over a period of twelve months. The Act imposes several obligations on the applicant, SteriHealth Limited, as well as the Department of the Environment. SteriHealth must provide comprehensive details of the waste, including its type, quantity, origin, and disposal method. They must also ensure that the disposal method adheres to the environmental standards set forth by the Act. The Department, upon receiving the application, must publicly notify stakeholders and provide a 28-day window for written comments to be submitted, as specified in section 33(2). Additionally, the Department is required to review the application and any public comments before making a decision. Failure to comply with the requirements of the Act may result in significant legal consequences. If the Department finds that an application does not meet the statutory requirements or that the proposed disposal method is environmentally unsound, the permit may be refused. Furthermore, any breaches of the Act or permit conditions may result in substantial fines and/or imprisonment. Under section 118, the maximum penalty for contravening the Act is a fine of up to $220,000 for individuals or $1,100,000 for corporations, along with potential imprisonment for up to five years. These stringent penalties underscore the importance of adhering to the legislative framework designed to protect the environment from the harmful effects of hazardous waste.