Notice of application received from Woodside Energy Ltd to export spent PURASPEC absorbent to Switzerland

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls on the export and import of hazardous wastes, ensuring that these activities do not pose a risk to human health or the environment. The Act is a legislative response to the growing global concern about the improper disposal and management of hazardous wastes, which can have serious transboundary impacts. The policy objective of the Act is to regulate the export and import of hazardous wastes in a manner that protects human health and the environment from the potential risks associated with these materials. The Commonwealth Parliament established this framework to align with international agreements and conventions, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, thereby enhancing Australia's ability to manage and control hazardous waste movements effectively.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, ensuring that such activities are conducted in a manner that minimises risks to human health and the environment. This Act imposes obligations on persons who intend to export hazardous waste, including the requirement to apply for a permit from the Department of the Environment and Energy before undertaking the export. The Act applies to entities like Woodside Energy Ltd, which in this instance, has applied to export up to 600 tonnes of spent PURASPEC absorbent to Switzerland for recycling operations. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia and its territories. Exclusions and exemptions from the permit requirement are not explicitly mentioned in the notice, though they may be outlined in the Act itself or in subordinate legislation. The application process and permit conditions are further defined through subordinate instruments, ensuring the detailed regulation of hazardous waste movements.

Key Provisions

The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertinent to this notice involve the regulation of the export of hazardous waste. Specifically, section 33 of the Act mandates the provision of notice to the public when an application for the export of hazardous waste has been received by the Department of the Environment and Energy (section 33(1)). This notice must include details of the application, the type of hazardous waste involved, the destination, and the proposed operation (section 33(2)). For this notice, Woodside Energy Ltd has applied for the export of up to 600 tonnes of spent PURASPEC absorbent to Switzerland (section 33(2)(a)-(d)). The Act imposes several obligations on the entities involved in the export of hazardous waste. Woodside Energy Ltd, as the applicant, must provide detailed information about the waste and the intended operation to the Department (section 33(2)). The Department, in turn, is required to publish the notice of the application in the Gazette to allow for public comment (section 33(1)). Public comments on the application can be lodged within 28 days of the notice's publication, and the Department must ensure that these comments are shared with the applicant (section 33(3)-(4)). Additionally, the Department must consider any public submissions before making a decision on the application. Breach of the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant civil and criminal penalties. For instance, unauthorised export of hazardous waste is a criminal offence under section 52 of the Act, with penalties that can include substantial fines and imprisonment (section 52(1)-(2)). Additionally, the Act empowers the Department to impose administrative penalties for non-compliance with regulatory requirements, including fines that can reach up to $330,000 for individuals and $1.65 million for corporations (section 58(1)-(2)). Failure to comply with the notice requirements or to submit accurate information can also result in administrative penalties and enforcement actions against the offending party.