Notice of Application received from Viva Energy Australia Pty Ltd to export spent catalysts from Australia to the United States of America

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control over the export and import of hazardous waste in Australia. This Act was introduced by the Australian Parliament to ensure that hazardous waste is managed in a way that protects human health and the environment both domestically and internationally. The Act aims to provide a regulatory framework that aligns with international agreements such as the Basel Convention, which aims to minimise the movement of hazardous waste between nations, particularly from developed to less developed countries. The policy objective is to regulate the transboundary movement of hazardous waste to prevent illegal traffic and to ensure that it is managed in an environmentally sound manner.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity planning to export or import hazardous waste from Australia, including corporations like Viva Energy Australia Pty Limited in this case. The Act governs the transboundary movement of hazardous waste, ensuring it is managed in an environmentally sound manner and does not harm human health or the environment. This particular application from Viva Energy Australia concerns the export of up to 130 tonnes of spent catalysts to the United States for recycling and recovery operations. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia, and applies to the export of hazardous wastes defined under the Basel Convention, which is incorporated into Australian law. The application is subject to review and public comment, and if approved, the export will be tightly regulated to comply with both Australian and international standards. The Act does not specify exclusions or exemptions, but the application process and potential issuance of a permit provide a means to manage and control hazardous waste movements effectively.

Key Provisions

The key provisions of the notice pertain to the application (AUH15-065) submitted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, concerning the export of hazardous waste by Viva Energy Australia Pty Limited. Specifically, section 33 of the Act mandates that the notice of the application be given in the Gazette. The application involves the export of up to 130 tonnes of spent catalysts, which are platinum on an alumina substrate contaminated with hydrocarbons (Basel Code A2030). The intended destination is the United States of America, where the waste will undergo recovery operations R4 (recycling/reclamation of metals and metal compounds) and R8 (recovery of components from catalysts) at Sabin Metal West Corp. The waste will be transported by sea from Port Botany, Sydney, with transits via New Zealand and French Polynesia before reaching the USA. The movement is planned to occur in one shipment within the timeframe specified in the permit, if it is granted. The Act imposes several obligations and requirements on the parties involved. Firstly, the applicant, Viva Energy Australia Pty Limited, must ensure that the export complies with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and any other relevant regulations. This includes providing detailed information about the hazardous waste, the proposed recovery operations, and the transboundary movement. The applicant is also required to notify the Department of the Environment and share any relevant information with the public, allowing for written comments on the application. The Department, in turn, is obligated to review the application and make a decision based on the information provided and any public feedback. Additionally, the Department must ensure that the proposed export adheres to international agreements, such as the Basel Convention, which governs the transboundary movement of hazardous waste. Breach of the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in various offences, penalties, or civil and criminal consequences. For instance, if the applicant fails to comply with the notice requirements or provides false or misleading information, they may be subject to civil penalties. Section 40 of the Act stipulates that a person who contravenes certain provisions may be fined up to $220,000 for a corporation or $44,000 for an individual. Furthermore, criminal penalties may apply for more serious breaches, including imprisonment. For example, section 41 of the Act states that a person who recklessly engages in activities that contravene the Act may be liable to a fine of up to $550,000 for a corporation or $110,000 for an individual, and/or imprisonment for up to five years. Additionally, the Director of the Department of the Environment may apply to the Federal Court for an injunction to prevent a contravention of the Act, and any person who contravenes an injunction may be liable for contempt of court.