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 15 tonnes of crushed waste fluorescent tubes (Basel Code A1030) 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, then transported to Toxfree’s facility at 42 Heather Street, Heatherbrae NSW 2324, for sorting. The waste would then be transferred to the facility of Dolomatrix Australia Pty Ltd (Dolomatrix), 40 Christie Street, St Marys, NSW 2760, for separation into streams of recyclable waste, one of those streams being phosphor powder containing mercury. The phosphor powder would be stored at the Dolomatrix facility prior to recovery of the mercury at a facility still to be determined.
The waste would undergo recovery operations R13 – Accumulation of material and R4 –Recycling/reclamation of metals and metal compounds.
The import would take place in up to three (3) shipments over a period of up to twelve months, as specified in the permit, if granted.
Andrew McNee
Assistant Secretary
Environment Protection Branch
9 May 2014
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control and regulation over the import and export of hazardous waste in Australia. This legislation was introduced by the Parliament of Australia to ensure that hazardous waste is managed in a manner that protects human health and the environment, aligning with international obligations under the Basel Convention. The policy objective of the Act is to prevent the transboundary movement of hazardous wastes from countries with stringent controls on hazardous waste management to those with less stringent controls, thereby reducing the risk of harm to human health and the environment. The Act provides a framework for the regulation of hazardous waste exports and imports, ensuring that any such activities are conducted in a safe and environmentally sound manner. This is evidenced by the notice of application for importation of hazardous waste, where Toxfree (Australia) Pty Ltd has applied to import crushed waste fluorescent tubes from Papua New Guinea, subject to the terms and conditions set out in the permit.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste, including the movement of such waste between Australian entities and entities in other countries. The Act is administered by the Commonwealth of Australia and applies nationally, ensuring consistent regulation across the country. The legislation governs the entities involved in the export and import of hazardous waste, mandating that they comply with the permit and notification requirements stipulated under the Act. The application in question pertains to Toxfree (Australia) Pty Ltd, which seeks to import up to 15 tonnes of crushed waste fluorescent tubes from Papua New Guinea. This application is subject to the specific provisions of the Act, which dictate the conditions and processes that must be followed for such importation to occur. The Act does not specify any exclusions or exemptions for this particular application, but it does provide for the issuance of permits and notifications as a means to control and regulate the movement of hazardous waste. Subordinate instruments, such as regulations and guidelines, may further define the application and enforcement of the Act, providing additional detail on the specific requirements and procedures involved.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) requires the notification of an application for the importation of hazardous waste, which is in line with the legislative requirement to control the movement of hazardous waste between countries. The notice informs the public and relevant stakeholders about the application by Toxfree (Australia) Pty Ltd for the importation of up to 15 tonnes of crushed waste fluorescent tubes from Papua New Guinea. This detail is essential for ensuring that the importation complies with the stringent regulations designed to protect public health and the environment from hazardous materials.
The Act imposes several obligations on the parties involved, including Toxfree and Dolomatrix Australia Pty Ltd. They must ensure that the importation, transport, and processing of the hazardous waste adhere to all stipulated guidelines and permit conditions. This includes proper documentation, safe handling procedures, and compliance with the recovery operations R13 and R4. The entities must also conduct any necessary environmental impact assessments and maintain records of the waste's journey from import to final disposal or recovery.
Failure to comply with the provisions of the Act can lead to significant legal consequences. Section 63 of the Act outlines various offences, including the unauthorised export or import of hazardous waste, which carries a maximum penalty of up to $2.2 million for corporations and up to $440,000 for individuals, as per Section 65. Additionally, breaches of permit conditions can result in the revocation of the permit, fines, and potential criminal charges. These stringent penalties underscore the importance of strict adherence to the Act's requirements to mitigate risks associated with hazardous waste management.