Notice of Application Received from Tox Free Australia Pty Ltd to import Non-Halogenated Solvents from Papua New Guinea

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the problem of hazardous waste being exported to and imported into Australia in an unregulated manner. This legislation was designed to ensure that hazardous waste is managed in a way that protects human health and the environment, both domestically and internationally. It provides a regulatory framework for the export and import of hazardous waste, including the requirement for permits and the imposition of strict conditions on the movement of such waste. The policy objective of the Act is to prevent the transboundary movement of hazardous waste except in accordance with the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which Australia has ratified. The Act facilitates the implementation of the Convention in Australian law, ensuring that the country meets its international obligations under the Basel Convention while safeguarding public health and the environment.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the movement of hazardous waste between Australia and other countries, aiming to prevent the transboundary movement of waste that could harm human health or the environment. This Act applies to any person or entity that intends to import or export hazardous waste into or out of Australia, including non-halogenated solvents and other substances classified under the Basel Convention. The application received under this Act pertains specifically to Tox Free Australia Pty Ltd, which seeks to import up to 100,000 litres of non-halogenated solvents from Papua New Guinea for recovery operations such as use as fuel or energy generation, and accumulation at designated facilities. The application is subject to the geographic jurisdiction of the Commonwealth of Australia, with oversight by the Department of the Environment and Energy. The Act allows for public comment on applications to ensure transparency and community involvement in the decision-making process, and it includes provisions for exemptions or exclusions that may be detailed in subordinate instruments or regulations.

Key Provisions

The main operative sections of the Notice of Application Received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 include section 33 (subsections 33(1) and 33(2)) which mandates the publication of the notice in the Gazette once an application for the import of hazardous waste has been received. This particular notice informs the public that an application, AUH16-037, from Tox Free Australia Pty Ltd has been submitted. The application pertains to the import of up to 100,000 litres of non-halogenated solvents from Papua New Guinea for specific recovery operations: R1 – Use as a fuel (other than in direct incineration) or other means to generate energy, and R13 – Accumulation of material at Tox Free Australia Pty Ltd, Geocycle SBF Pty Ltd, or Cement Australia. The Act imposes certain obligations on parties involved in the import of hazardous waste. Tox Free Australia Pty Ltd, as the applicant, must provide comprehensive details of the hazardous waste, its intended use, and the facilities where it will be accumulated. Additionally, the Act requires public notification to allow for any written comments or objections to be lodged within 28 days from the date of the notice. This ensures transparency and provides an opportunity for public participation in the decision-making process regarding the importation of hazardous waste. Furthermore, the Hazardous Waste (Regulation of Exports and Imports) Act 1989 stipulates that any comments received must be shared with the applicant. This transparency measure ensures that all stakeholders have the opportunity to respond to any concerns raised by the public. It is important to note that comments should not include any commercial-in-confidence information to maintain the integrity of the review process. The Act also outlines potential consequences for breaches. While specific penalties are not detailed in this notice, the Act generally provides for civil and criminal penalties for non-compliance with its provisions. For instance, breaches could result in fines or imprisonment, depending on the severity of the offence. These penalties serve as deterrents against improper handling or unauthorized importation of hazardous waste, thereby protecting public health and the environment.