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 Umicore Australia Limited, 414 Somerville Road, Tottenham VIC 3034.
The application relates to the export of up to 2500 tonnes of crude zinc skimmings (Basel Code A1080) to a facility operated by Rezinal NV in Belgium. The waste would undergo recovery operation R4 – Recycling/reclamation of metals and metal compounds.
The waste would be transported by road to the port of Melbourne and then shipped by sea, transiting through Singapore, Egypt, The Netherlands, Germany and United Kingdom, en route to Belgium.
The proposed transboundary movement would take place in up to 100 shipments during the time period specified in the permit, if granted.
Written comments on the permit application may be lodged with the Department within 28 days of Gazette publication addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or by e-mail at 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
Delegate to the Minister
Assistant Secretary
Environment Protection Branch
16 October 2014
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the transboundary movement of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. This Act establishes a regulatory framework designed to control the export and import of hazardous waste, thereby aligning with Australia's obligations under international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The enactment of this Act was by the Parliament of Australia, reflecting the policy objective to safeguard environmental health and safety by preventing the uncontrolled movement of hazardous substances across borders. The notice of application for export of hazardous waste, as seen in the case of Umicore Australia Limited's application to export crude zinc skimmings to Belgium, is a mechanism provided by this Act to facilitate transparency and public participation in the decision-making process concerning hazardous waste movements.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste, aiming to regulate the transboundary movement of such waste to protect human health and the environment. This Act applies to persons or entities proposing to export or import hazardous waste, including Umicore Australia Limited in this instance, and encompasses the transportation of specified waste materials across international borders. The legislation has a national reach, applying throughout Australia, and ensures that any transboundary movement of hazardous waste complies with stringent regulatory standards. Exclusions or exemptions from the permit requirement are limited and typically pertain to negligible quantities of waste or specific types of waste not considered hazardous under the Act's definition. The Act’s application can be further defined through subordinate instruments, such as regulations or guidelines, which may specify additional conditions or detailed procedures for handling and transporting hazardous waste.
Key Provisions
The main operative sections of the notice concern the application for a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). This notice informs the public of the application by Umicore Australia Limited to export up to 2500 tonnes of crude zinc skimmings, identified by the Basel Code A1080, to a facility in Belgium. The crude zinc skimmings are to undergo a recovery operation, specifically recycling/reclamation of metals and metal compounds, denoted as R4. The waste will be transported via road to the port of Melbourne and then shipped by sea, passing through various countries en route to Belgium. The application allows for up to 100 shipments to be made during the period specified in the permit if granted.
The Act imposes certain obligations on the parties involved. Umicore Australia Limited, as the applicant, must ensure that all necessary documentation and information are provided to the Department of the Environment to facilitate the review process. The Department is tasked with assessing the application to determine whether it complies with the provisions of the Act and associated regulations. Additionally, the Department must consider any public comments received within the 28-day period following the Gazette publication. The public is also given the opportunity to lodge written comments, which will be shared with the applicant.
Failure to comply with the requirements of the Act can result in significant consequences. Although specific offences and penalties are not detailed in this notice, the Act generally provides for both civil and criminal penalties for breaches. These may include fines and imprisonment for individuals, as well as fines for corporations. The exact penalties depend on the nature and severity of the breach, as outlined in other sections of the Act and related regulations. The notice serves as a formal step in the regulatory process, ensuring transparency and public participation in the decision-making process regarding the export of hazardous waste.