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 paint wastes (Basel Code A4070) 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 five (5) 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
15 July 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide a framework for the regulation of exports and imports of hazardous waste, thereby addressing the issue of transboundary movement of hazardous waste and its potential environmental and health risks. The Act was introduced by the Parliament of Australia with the primary policy objective of protecting human health and the environment from the adverse effects of hazardous waste movements across international borders. The legislation aims to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment, both domestically and internationally. This notice of application under the Act highlights the importation of hazardous waste, specifically paint wastes, by Toxfree (Australia) Pty Ltd from Papua New Guinea, intended for energy recovery processes in Australia.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the importation of hazardous wastes by persons or entities seeking to conduct such activities within Australia. This legislation governs the import of specific waste types, including the paint wastes described in the gazetted notice, and regulates the manner in which these materials can be imported, transported, and processed. In this instance, Toxfree (Australia) Pty Ltd has applied for a permit to import up to 50,000 litres of paint wastes from Papua New Guinea, which are classified under Basel Code A4070. The proposed process involves the waste being shipped to either Newcastle, Sydney, or Melbourne and then transported to treatment facilities in NSW and VIC where it will be used as fuel to generate energy. The legislation's jurisdictional reach is national, as it is a Commonwealth Act, and it applies to any entity seeking to import hazardous waste into Australia, with its application extending across state and territory borders as necessary. The Act does not specify exclusions or exemptions in this context, but permits and other subordinate instruments may further define the scope of application and the conditions under which hazardous waste imports are allowed.
Key Provisions
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 outlines the process and requirements for the importation and exportation of hazardous waste, including specific provisions for applications and public notifications. Section 33 of the Act mandates that notice be given when an application for importation of hazardous waste has been received, which is precisely what is detailed in the gazette notice regarding Toxfree's application (Section 33). This section requires that the notice include specific details about the applicant, the type and quantity of hazardous waste, the countries of origin and destination, and the proposed method of transport and treatment. This ensures transparency and allows for public scrutiny of the proposed waste management practices.
Entities such as Toxfree must comply with several obligations under the Act. They are required to submit a detailed application to the Department of the Environment, which includes comprehensive information on the waste to be imported, its intended use, and the facilities where it will be processed. This is designed to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment. Additionally, Toxfree must allow a 28-day period for public comment on the application, during which stakeholders can provide feedback. This public consultation is crucial for ensuring that all potential impacts of the waste import are considered.
Failure to comply with the requirements of the Act can result in serious legal consequences. The Act does not explicitly state penalties for non-compliance, but breaches of environmental regulations can typically lead to substantial fines and potential criminal charges under other related legislation, such as the Environment Protection and Biodiversity Conservation Act 1999. The severity of penalties can vary based on the nature and extent of the breach, but they are intended to enforce stringent adherence to waste management protocols. Non-compliance may also result in the refusal of the permit application, effectively preventing the importation of the hazardous waste.