Notice of Application received from Viva Energy Refining Pty Ltd to export spent hydrotreating catalysts to Singapore - AUH16-022

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control and regulation of the export and import of hazardous waste, including the prevention of illegal traffic and ensuring that waste is managed in an environmentally sound manner. The Act aims to protect human health and the environment from the adverse effects of hazardous waste. The legislation was enacted by the Australian Parliament, reflecting a commitment to both national and international obligations under agreements such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The policy objective behind the Act is to ensure that hazardous waste is exported or imported in a way that minimises risks to human health and the environment, thereby contributing to the global effort to manage hazardous waste sustainably.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste in Australia, ensuring that such activities are conducted in an environmentally sound manner. This Act applies to any person or entity seeking to export or import hazardous waste, including specific industrial activities that involve such waste. The Act’s jurisdiction extends across the Commonwealth of Australia, with its provisions applicable to all states and territories. The application received by the Department of the Environment from Viva Energy Refining Pty Ltd illustrates the Act's practical application, focusing on the export of hazardous waste to a specified location for recovery operations. The Act may be supplemented or extended through subordinate instruments, ensuring comprehensive regulation of hazardous waste transactions. Notably, the Act does not explicitly state exclusions or thresholds within this particular application notice, although it is understood that certain types of hazardous waste or smaller quantities may be exempt under specific conditions or thresholds defined in the legislation or its regulations.

Key Provisions

The notice of application under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs stakeholders that an application (AUH16-022) from Viva Energy Refining Pty Ltd has been received. The application pertains to the export of up to 600 tonnes of spent hydrotreating catalyst, identified by the Basel Code A2030, to Singapore for specific recovery operations. These operations include recycling and reclamation of metals and metal compounds (R4) and the recovery of components from catalysts (R8) at Catalyst Recovery Singapore Pte Ltd. This notification mandates that the Department of the Environment is inviting public comments on the proposed export within 28 days from the publication of the notice. Comments can be submitted either by mail to the Director, Hazardous Waste Section, at GPO Box 787, Canberra, ACT 2601, or via email to hwa@environment.gov.au. It is crucial for respondents to note that their comments will be shared with the applicant and should not include any commercial-in-confidence information. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes several obligations on entities involved in the export of hazardous waste. The act requires applicants, such as Viva Energy Refining Pty Ltd, to submit detailed applications to the Department of the Environment. These applications must include specific details about the waste, the intended operations, and the location where the waste will be processed. Furthermore, the act mandates the Department to publish notices of these applications to allow for public scrutiny and comment. The public, upon receiving such notice, has the right to lodge comments with the Department within the stipulated 28-day period. These obligations ensure transparency and allow for community involvement in the decision-making process regarding hazardous waste exports. Breach of the provisions under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant legal consequences. The act outlines specific offences related to the unauthorised export of hazardous waste, which can be prosecuted under both civil and criminal laws. Civil penalties can include fines, with the maximum penalty often depending on the severity and impact of the breach. For instance, serious violations might attract fines up to several hundred thousand Australian dollars. Criminal penalties can include imprisonment, with the maximum term also varying based on the nature of the offence. The act’s stringent measures are designed to enforce compliance and protect environmental and public health by deterring improper handling and export of hazardous materials.