NOTICE OF APPLICATION 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 Toxfree (Australia) Pty Ltd (Toxfree) 42 Heather Street, Heatherbrae NSW 2324. The application relates to the importation of up to
50 000 litres of acids (Basel Code A4090) from Total Waste Management Limited, PO Box 473, Waigani 131, National Capital District, Papua New Guinea.
The waste would be shipped from Port Moresby direct to Newcastle, NSW or Sydney, NSW. The waste would then be transported by road to a facility operated by Toxfree Pty Ltd at Heatherbae, NSW for consolidation and sorting.
Inorganic acids would then be transported by road to Transpacific Technical Services at Glendenning, NSW for storage, before being transported by road to a facility operated by Transpacific Industries Pty Ltd at Homebush Bay in the same state. There, the waste would undergo operation D9 ‑ physico‑chemical treatment. Organic acids would be transported by road from Heatherbrae, NSW, to a facility operated by Geocycle in Dandenong South, Victoria, where it would undergo operation R1 – use as a fuel other than in direct incineration.
The import would take place in up to ten (10) shipments over a period of up to twelve months, as specified in the permit, if granted.
Written comments on the permit application may be lodged with the Department within 28 days of publication in the Commonwealth of Australia Gazette. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or forwarded by email to hwa@environment.gov.au. Respondents should be aware that comments will be shared with the applicant and should not contain commercial-in-confidence information.
Declan O’Connor-Cox
Acting Assistant Secretary
Waste Policy Branch
15 May 2015
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 need to manage the movement of hazardous waste to protect the environment and public health from potential harm. This Act was introduced by the Parliament of Australia, aiming to implement Australia's obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. It establishes a permit system for the importation and exportation of hazardous waste, ensuring that such activities are conducted in a manner that safeguards human health and the environment. The legislative framework under this Act enables the Australian Government to control and monitor the movement of hazardous waste, thereby preventing illegal dumping and ensuring compliance with international standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste within the Commonwealth of Australia, governing the activities of entities and individuals involved in such transactions. This legislation mandates that applications for the importation of hazardous waste be submitted and approved by the relevant authorities, ensuring that such activities are conducted in compliance with national standards designed to protect the environment and public health. The Act applies to Toxfree (Australia) Pty Ltd in this instance, which has applied for the importation of up to 50,000 litres of acids from Papua New Guinea, with specific details on the shipping, transportation, and treatment processes outlined in the permit application. The application is subject to public comment and scrutiny, as required by Section 33 of the Act, highlighting the transparency and community involvement aspects of the regulatory process. This Act does not specify any exclusions or exemptions within its primary text, although the permit conditions and any subordinate instruments could provide further clarification on specific circumstances or categories of waste that might be exempt under particular conditions.
Key Provisions
The main operative sections of the notice pertain to the notification of an application under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically under Section 33. This section requires that notice of the application be given when a permit for the import of hazardous waste is applied for, and it mandates the publication of this notice in the Commonwealth of Australia Gazette. The notice details the application from Toxfree (Australia) Pty Ltd to import up to 50,000 litres of acids, which are classified under the Basel Code A4090, from Papua New Guinea. The notice also specifies the shipping routes, the locations of the facilities involved, and the operations to be performed on the imported waste.
The Act imposes several obligations on the parties involved. Firstly, Toxfree (Australia) Pty Ltd is required to submit a detailed application, including the nature of the hazardous waste, the quantities involved, the proposed importation routes, and the intended treatment or storage facilities. The Department of the Environment must then review the application and consider any public comments received within the specified 28-day period. If the application is deemed acceptable, a permit will be issued under the Act, detailing the conditions under which the import and subsequent handling of the hazardous waste are to be conducted.
The legislation also outlines the consequences for non-compliance with the Act. Section 62 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides for various offences related to the importation of hazardous waste without the requisite permit. A person who contravenes these provisions may be liable for civil penalties. The maximum penalty for a corporation is set at $5,250,000, while for an individual, it is $1,050,000. Additionally, criminal penalties may apply, with maximum fines of $66,000 for corporations and $13,200 for individuals. The severity of the penalties underscores the importance of adhering to the Act's provisions regarding the import and handling of hazardous waste.