NOTICE OF APPLICATION TO VARY A PERMIT RECEIVED UNDER THE HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that an application has been received from Tox Free Australia Pty Ltd (ACN 127 853 561), 42 Heather Street, Heatherbrae, NSW 2324 (Telephone +61 2 4987 7022; Facsimile +61 2 4987 7622) to vary permit AUH16-014, notice of which was published on 8 June 2016 in the Commonwealth of Australia Gazette.
The permit relates to the import of up to 300,000 litres of waste oily water (Basel code A4060) for treatment at one of the following facilities:
(a) Tox Free Australia Pty Ltd at 8-12 Krypton Street, Narangba, QLD 4504 where the waste is to undergo operation D9 – Physico-chemical treatment. The solid fixated waste will then be sent by road to the landfill facility operated by Remondis Australia Pty Ltd, Swanbank Road, Swanbank, QLD 4306 to undergo operation D1 – Deposit into or onto land; or
(b) Transpacific Industries Group Ltd at 26-32 Potassium Street, Narangba, QLD 4504 where the waste is to undergo operations D9 – Physico-chemical treatment and R3 – Recycling/reclamation of organic substances which are not used as solvents. The solid waste residues will then be sent by road to the landfill facility operated by Transpacific Industries Group Ltd at 100 Chum Road, New Chum, QLD 4303 to undergo operation D1 – Deposit into or onto land.
The proposed permit variation is to increase the volume of waste to be imported from 300,000 litres to 700,000 litres. There are no other changes to the permit.
Khokan Bagchi
A/g Director
Hazardous Waste Section
Department of Environment and Energy
6 December 2016
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper export and import of hazardous waste, ensuring that such activities are conducted in an environmentally sound manner. The Act aims to control the transboundary movement of hazardous waste and other wastes, ensuring they are managed in an environmentally sound way, consistent with the principles of the Basel Convention. This federal legislation was enacted by the Parliament of Australia, with the primary policy objective being to protect the environment and human health from the adverse effects of hazardous waste movement and disposal.
The Act provides the legal framework for the regulation of the import and export of hazardous waste, ensuring that permits are granted only after thorough assessment and subject to strict conditions. The legislation is integral to Australia's commitment to international agreements aimed at reducing the environmental impact of hazardous waste. The notice regarding the application to vary a permit under this Act highlights the regulatory process for adjusting the scope of authorised activities, ensuring that any changes align with the overarching environmental protection objectives of the legislation.
Scope and Application
The notice provided pertains to an application to vary a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically concerning the import of hazardous waste by Tox Free Australia Pty Ltd. The Act applies to entities involved in the import and treatment of hazardous waste, such as Tox Free Australia Pty Ltd and Transpacific Industries Group Ltd, which are the entities named in the notice. The legislation governs the management of hazardous waste imports to ensure environmental protection and compliance with international agreements such as the Basel Convention. The application seeks to increase the permitted volume of waste oily water from 300,000 litres to 700,000 litres, with the waste to be treated at specified facilities in Queensland. The geographic scope of the Act is national, with its provisions extending across Australia, and it applies to any entity seeking to import hazardous waste. The notice does not detail any exclusions, exemptions, or thresholds other than the specific conditions outlined in the application. The Act's application can be further defined through subordinate instruments, although the notice does not elaborate on any such regulations in this instance.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires that notice be given when an application to vary a permit has been received. The Act mandates that this notice be published in the Commonwealth of Australia Gazette. In this instance, Tox Free Australia Pty Ltd has submitted an application to vary permit AUH16-014, which involves increasing the volume of waste oily water to be imported from 300,000 litres to 700,000 litres. This permit, as published on 8 June 2016, allows for the import and treatment of waste oily water at specified facilities.
The obligations imposed by the Act on Tox Free Australia Pty Ltd include ensuring that all the terms and conditions of the original permit are adhered to, with the exception of the changes proposed in the variation application. This involves maintaining detailed records of the waste import and treatment processes, ensuring that the waste is handled in accordance with the specified operations and that all subsequent waste management activities are carried out as outlined in the permit. Additionally, the company must notify the relevant authorities of any changes to the operational procedures or facilities involved in the waste treatment process.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant consequences. Breaches of the Act may be subject to both civil and criminal penalties. For example, an individual or corporation found guilty of contravening the Act could face fines of up to $1.1 million for a corporation and $220,000 for an individual, as stipulated under Section 131D of the Act. Furthermore, individuals responsible for the contravention may face imprisonment for up to five years. These penalties underscore the importance of strict adherence to the permit conditions and the requirements set forth by the Act.