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 application AUH16-014 has been received from Toxfree (Australia) Pty Ltd 42 Heather Street, Heatherbrae, NSW, 2324, Telephone: +61 (2) 4987 7022, Facsimile: + 61 (2) 4987 7622.
The application relates to the import of up to 300,000 litres of waste oily water (Basel Code A4060) from Papua New Guinea for operation D9 - physico‑chemical treatment at the processing facilities of either Toxfree (Australia) Pty Ltd or Transpacific Industries Group Ltd (both located at Narangba, Queensland), followed by operation D1 – Deposit into or onto land, (e.g., landfill, etc.), at the facilities of Remondis Australia Pty Ltd (located at Swanbank, Queensland).
Written comments on the permit application may be lodged with the Department within 28 days of publication of this notice. 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.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
8 April 2016
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the unregulated movement of hazardous waste across Australia’s borders. This Act was introduced to ensure that hazardous waste is managed in a way that minimises risks to human health and the environment. The enacting body was the Commonwealth Parliament, with the primary policy objective being to protect Australia’s environment and public health from the adverse effects of hazardous waste. This legislative framework allows the Australian Government to control the import and export of hazardous waste, ensuring that these activities are conducted in accordance with strict environmental and safety standards. The Act provides mechanisms for regulating the transboundary movement of hazardous waste, including the requirement for prior written notification and consent for such activities.
Scope and Application
The notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to an application submitted by Toxfree (Australia) Pty Ltd, detailing their intent to import up to 300,000 litres of waste oily water from Papua New Guinea. This application is governed by the provisions of the Act, which regulates the importation of hazardous waste and ensures that it is managed in a manner that protects human health and the environment. The Act applies to entities involved in the import, export, or transit of hazardous waste, thereby imposing obligations on Toxfree (Australia) Pty Ltd and any other entities engaged in the specified operations. The geographic scope of the Act extends to the entire Commonwealth of Australia, thereby ensuring compliance with national standards for hazardous waste management. The application must comply with the conditions outlined in the Act, and the public has the opportunity to submit comments on the application within 28 days of the notice publication, ensuring transparency and community involvement in hazardous waste management decisions.
Key Provisions
The main operative sections of the notice pertain to the formal application process for the import of hazardous waste under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). The notice informs the public that an application, AUH16-014, has been received from Toxfree (Australia) Pty Ltd for the importation of 300,000 litres of waste oily water from Papua New Guinea. This application involves specific waste management operations, including physico-chemical treatment (operation D9) at facilities in Narangba, Queensland, and final deposition in a landfill (operation D1) at Swanbank, Queensland, by Remondis Australia Pty Ltd. The notice also sets out a timeframe for public comments on the application, which must be submitted to the Department of the Environment within 28 days from the publication date of the notice.
The notice outlines several obligations and requirements for the parties involved. Toxfree (Australia) Pty Ltd must provide detailed information about the waste, the proposed treatment processes, and the final disposal methods. It must also ensure that all operations comply with the regulations set forth in the Act and any associated guidelines. Additionally, the notice mandates that any comments submitted by the public are to be made in writing and sent to a specified address or email within the given timeframe. The public is also advised that any comments provided will be shared with the applicant, and they should avoid including any commercially sensitive information.
Under the Act, breaches of the provisions can lead to various legal consequences. The specific penalties for non-compliance are not detailed in the notice; however, the Act generally provides for both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can encompass imprisonment, fines, or both, depending on the severity and nature of the breach. The exact penalties would be determined by a court following an investigation and any subsequent legal proceedings. The notice does not specify the maximum penalties but indicates that the legal framework provides for significant deterrents against non-compliance.