Notice of Application received from TES-AMM New Zealand Limited to transit waste electrical and electronic equipment and assemblies, including circuit boards, components and wires via Port of Brisbane, en route from New Zealand to Singapore

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste in Australia, addressing the problem of the improper disposal and movement of hazardous substances across borders, which can have detrimental effects on the environment and public health. The Act was established by the Parliament of Australia with the policy objective of ensuring that hazardous waste is managed in a manner that minimises risks to human health and the environment. The Act provides mechanisms for the control and regulation of the export and import of hazardous waste, including the issuance of permits for the transit of such waste through Australian territory. In the case of the Basel transit permit application mentioned in the notice, the Act facilitates the transit of waste electrical and electronic equipment and assemblies for the purpose of recycling, ensuring that the movement of hazardous materials is conducted under strict regulatory oversight to protect both Australian and international environmental standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia and its territories, or the transit of such waste through Australia. The Act specifically governs the movement of hazardous waste, including waste electrical and electronic equipment, and ensures that it is managed in an environmentally sound manner. The legislation’s jurisdictional reach is national, with the Commonwealth administering the control of hazardous waste exports and imports. In this context, the Act applies to TES-AMM New Zealand Limited, an entity seeking to transit waste through Australia. The application for a Basel transit permit, as noted, is subject to public scrutiny, and any interested party can lodge comments within a specified period. The Act does not explicitly state exclusions or exemptions, but the scope of what constitutes hazardous waste is defined within the legislation and its subordinate instruments, which can extend or restrict application as necessary.

Key Provisions

The notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs of an application for a Basel transit permit (AUH16-010) received from TES-AMM New Zealand Limited. The application pertains to the transit of hazardous waste, specifically waste electrical and electronic equipment and assemblies, including circuit boards, components, and wires (Basel code: A1180) through Brisbane, travelling from New Zealand to Singapore. This waste is intended for recovery operations at TES-AMM Singapore Pte Ltd, specifically for recycling and reclamation of metals and metal compounds (section 33(1)). The primary objective of this notice is to allow the public to submit written comments on the permit application within 28 days of the notice's publication. The Act imposes certain obligations on the parties involved. The applicant, TES-AMM New Zealand Limited, must ensure that the transit of hazardous waste complies with all requirements of the Basel Convention and the regulations under the Act. This includes providing detailed information about the waste, its transit route, and the recovery operation intended in Singapore (section 33(1)). The Department of the Environment, which is responsible for handling the permit application, must also process the application within a specified period and consider any public comments received (section 33(2)). Additionally, the Department must ensure that any information shared with the applicant from public comments does not include commercial-in-confidence details. Failure to comply with the provisions of the Act can lead to various legal consequences. Under section 28, any person who contravenes the Act may be subject to penalties. The maximum penalties can include fines and imprisonment. Specifically, for individuals, the maximum penalty for contravening the Act can be a fine of up to 500 penalty units (approximately AUD 55,000 as of 2024), while for corporations, the maximum penalty can be significantly higher, up to 5,000 penalty units (approximately AUD 550,000 as of 2024). Additionally, breaches may result in civil or criminal actions, including injunctions or other court orders to prevent further breaches or to recover damages caused by non-compliance (section 36).