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
100 000 litres of non‑halogenated solvents (Basel Code A3140) from Total Waste Management Limited, PO Box 473, Waigani 131, National Capital District, Papua New Guinea.
The proposal is to ship the waste direct from Port Moresby either to Newcastle, NSW, Sydney, NSW, or Melbourne, VIC. Shipments arriving at Newcastle or Sydney would be transported by road to a facility operated by Toxfree in Heatherbrae, NSW for consolidation before being transported by road to Geocycle SPF facility in Dandenong South, VIC.
Shipments arriving in Melbourne would be transported by road direct to the Geocycle SPF facility in Dandenong South. There, the waste would undergo operation R1‑use as a fuel (other than in direct incineration) or other means to generate energy.
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.
Bruce Edwards
Assistant Secretary
Waste Policy Branch
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide a comprehensive regulatory framework for the export and import of hazardous wastes in Australia. This legislation was introduced to address the problem of hazardous waste management and the risks associated with the improper disposal and transportation of such waste. The Act was passed by the Parliament of Australia with the policy objective of ensuring that hazardous waste is managed in a manner that protects human health and the environment, both domestically and internationally. The Act empowers the government to control and monitor the movement of hazardous waste across borders, ensuring that it is disposed of or treated in a way that minimises environmental harm and complies with international standards. The notice of application received under this Act highlights the regulatory process for approving the importation of specific hazardous wastes, ensuring that all procedures are followed to mitigate potential risks.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import and export of hazardous wastes, specifically targeting entities and individuals involved in such activities within Australia. The Act applies to Toxfree (Australia) Pty Ltd in this instance, as they are the applicant seeking to import non-halogenated solvents from Papua New Guinea. The geographic reach of the Act is national, regulating activities across all states and territories of Australia. The Act does not specify exclusions or exemptions, but its application can be extended or restricted through subordinate instruments. The proposed importation of the solvents must comply with the Act, and the Department of the Environment is responsible for processing the permit application and facilitating public comments on the proposal. The application will be subject to scrutiny to ensure it meets environmental and safety standards set out by the Act.
Key Provisions
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the "Act") is the legislative framework under which the regulation of hazardous waste exports and imports is carried out in Australia. Section 33 of the Act (Section 33) mandates that notice of an application for a permit to import hazardous waste must be published in the Commonwealth of Australia Gazette when an application is received. This notice is essential for allowing interested parties to comment on the application before a decision is made. Toxfree (Australia) Pty Ltd has lodged an application under Section 33 of the Act for the importation of non-halogenated solvents, and the details of this application have been published as required by the Act.
The Act imposes several obligations on entities like Toxfree when applying for a hazardous waste import permit. These obligations include providing detailed information about the proposed import, such as the type and quantity of waste, the proposed shipping routes, and the intended processing or disposal methods. Toxfree must also ensure that the import complies with all relevant environmental protection laws and international agreements, such as the Basel Convention. Additionally, Toxfree must detail how they will manage the waste to prevent any harm to human health or the environment, as stipulated in the Act.
Failure to comply with the requirements of the Act can lead to serious legal consequences. The Act outlines various offences related to the unauthorised export, import, or transboundary movement of hazardous waste. For instance, if Toxfree does not adhere to the conditions set out in the permit or if the import leads to environmental harm, they could be subject to civil penalties, including fines of up to AUD 1,110,000 for a corporation. Additionally, criminal penalties may apply, such as fines of up to AUD 660,000 and imprisonment for up to five years for individuals, and even higher fines for corporations, as specified in the Act. These penalties underscore the importance of strict compliance with the legislative requirements.