Notice of application received from Tasmanian Worldwide Shipping (TWS) to import of up to 18.3 tonnes of solid wastes and up to 14 000 litres of liquid wastes from Dumont d'Urville

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the growing concerns about the transboundary movement of hazardous wastes and their potential environmental and health impacts. The Act was introduced to fill a significant gap in existing legislation by providing a regulatory framework for the importation of hazardous wastes, ensuring that such movements are managed in a way that protects human health and the environment. The policy objective of the Act is to control and monitor the import of hazardous wastes into Australia, thereby preventing improper disposal and promoting environmentally sound management practices. The Act establishes a permit system for the importation of hazardous wastes, which requires applicants to demonstrate that the waste will be managed in an environmentally sound manner in accordance with Australian standards. The notice of application received under this Act is a formal step in the regulatory process, indicating that a permit application has been submitted and is currently under review.

Scope and Application

The notice issued under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to an application for a Basel import permit by Tasmanian Worldwide Shipping (TWS), acting on behalf of Institut Polaire Francais - Paul Emile Victor. This application is specific to the importation of up to 18.3 tonnes of solid waste and up to 14,000 litres of liquid waste from Dumont d’Urville, the French Antarctic station, into Tasmania. The waste, which includes various types of recyclable materials, unrinsed cans, bottles, and drums containing hazardous substances, is to be transported directly from the French Southern and Antarctic Territory to Hobart, Tasmania. Upon arrival, the waste will be inspected and sorted at a TWS depot before being transported to licensed facilities in Australia for disposal through specific operations such as landfilling, energy generation, and recycling. The Act applies to the transboundary movement of hazardous waste, and while the notice outlines the application and intended disposal operations, it does not specify any exclusions, exemptions, or thresholds directly within the notice itself. The application of the Act is overseen by the Commonwealth and extends to regulating the import of hazardous waste as per the Basel Convention.

Key Provisions

The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, particularly section 33, require the publication of notice when an application for a Basel import permit is received. In this case, the notice informs that Tasmanian Worldwide Shipping (TWS) has applied for a permit to import hazardous waste from the French Antarctic station, Dumont d'Urville, to Tasmania. The waste consists of various types of recyclable and non-recyclable materials including plastics, metals, oils, and solvents. The permit, if granted, would allow for the transboundary movement of up to 18.3 tonnes of solid waste and up to 14,000 litres of liquid waste in one shipment directly to Hobart, Tasmania, for further processing and disposal at licensed facilities. The Act imposes several obligations on the parties involved. TWS, as the applicant and importer, must ensure that the waste is managed in accordance with the permit conditions and Australian hazardous waste regulations. This includes the proper transportation, handling, inspection, and disposal of the waste materials. Institut Polaire Francais - Paul Emile Victor, as the exporter, must ensure that the waste is correctly classified, packaged, and accompanied by the necessary documentation, including a detailed waste description and a movement document. Both parties must also ensure that the waste does not pose a risk to human health or the environment during its journey and subsequent disposal. Failure to comply with the provisions of the Act can result in various penalties and consequences. Under the Act, breaches can lead to both criminal and civil penalties. Criminal offences may include fines of up to $5.5 million for companies and $1.1 million for individuals, or imprisonment for up to five years, or both, for knowingly making a false or misleading statement in an application or permit, or for contravening a condition of a permit. Civil penalties can be enforced by the Australian Federal Police or the Australian Border Force, with fines of up to $275,000 for individuals and $1.375 million for corporations for each day of non-compliance. Additionally, any person aggrieved by an action taken under the Act may seek relief in the Federal Court, which has the power to issue injunctions, declarations, and other remedies. The penalties underscore the importance of adhering to the regulatory framework governing the importation of hazardous waste into Australia.