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 500,000 litres of waste oil (Basel Code A3020) from Total Waste Management Limited, PO Box 473, Waigani 131, National Capital District, Papua New Guinea.
The proposal is to ship the waste oil directly from Port Moresby either to Newcastle, NSW and transported by road to Toxfree’s Heatherbrae facility for consolidation prior to being forwarded to the Southern Oil Refining facility in Wagga Wagga or to Brisbane, QLD and transported by road to Toxfree’s Coopers Plains facility for consolidation prior to being forwarded to the Southern Oil Refining facility in Yarwun. The choice of shipping route and refining facility would depend on the commercial and logistical circumstances at the time of export. At these facility(s) the waste would be refined into base oil meeting international standards for virgin base oil.
The waste would undergo recovery operations R13 – Accumulation of material and R9 – Used oil re-refining or other reuses of previously used oil.
The import would take place in up to twenty (20) shipments over a period of up to twelve months, as specified in the permit, if granted.
Bruce Edwards
Assistant Secretary
Waste Policy Branch
16 September 2014
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the improper export and import of hazardous waste, ensuring that such activities are managed to protect public health and the environment. The Act establishes a regulatory framework designed to control the movement of hazardous waste into and out of Australia, promoting safe and environmentally sound management practices. This legislative effort was introduced by the Parliament of Australia, aiming to align with international obligations under agreements such as the Basel Convention. The overarching policy objective of the Act is to prevent and manage the transboundary movement of hazardous waste in a manner that safeguards human health and the environment from potential adverse effects.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the import and export of hazardous waste in Australia, ensuring these activities do not pose a risk to human health and the environment. This Act applies to any person or entity proposing to import or export hazardous waste, including Toxfree Australia Pty Ltd in this instance. The application from Toxfree pertains to the importation of up to 500,000 litres of waste oil from Papua New Guinea, which is classified under Basel Code A3020. The geographic scope of this Act is national, as it operates under the Commonwealth of Australia, while the application process requires adherence to both national and international regulations, particularly those outlined by the Basel Convention. Exclusions and exemptions under the Act are minimal, focusing primarily on specific types of waste that may be subject to different regulatory frameworks. The application process for importing hazardous waste, as exemplified by this case, may extend or restrict its application through subordinate instruments, such as permits and guidelines issued by the relevant authorities.
Key Provisions
The main operative sections of the Notice of Application Received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 include the acknowledgement of the application received from Toxfree Australia Pty Ltd (section 33). This section requires the notice to be given publicly, informing stakeholders and the public of the application's existence and details. The application (section 32) from Toxfree seeks to import up to 500,000 litres of waste oil from Total Waste Management Limited in Papua New Guinea, specifying the intended routes and facilities for processing this waste oil. The notice also outlines the recovery operations (R13 and R9) to be undertaken on the waste oil, ensuring it meets international standards for virgin base oil.
The Act imposes several obligations on the parties involved. Toxfree Australia Pty Ltd must comply with the terms of the permit if granted, which includes adhering to the specified shipping routes and facilities for processing the waste oil. They must also ensure that the waste oil is refined through the outlined recovery operations, ensuring it meets international standards. The Act requires Toxfree to notify the relevant authorities of any changes in the commercial or logistical circumstances that might affect the import process. Additionally, Total Waste Management Limited is required to ensure that the waste oil is correctly classified and packaged for export, adhering to all relevant hazardous waste regulations.
Failure to comply with the provisions of the Act can lead to several consequences. Breaches of the permit conditions, such as deviating from the specified routes or facilities without approval, can result in the permit being revoked or not renewed. Such revocation can lead to legal action and penalties. Additionally, any mishandling of hazardous waste that causes environmental harm can result in civil or criminal penalties. The Act does not specify maximum penalties in the notice itself, but breaches can result in fines or imprisonment under the broader legislative framework governing hazardous waste management in Australia. Compliance with the Act is critical to avoid these legal and financial repercussions.