Notice of application received - The Shell Company of Australia Ltd to export spent catalyst to USA

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the uncontrolled export and import of hazardous waste, which could potentially harm the environment and human health. This legislation was introduced by the Australian Parliament to ensure that the export and import of hazardous waste is conducted in a safe and environmentally sound manner. The policy objective of the Act is to regulate the transboundary movement of hazardous waste and other wastes, ensuring that such movements do not adversely affect the environment and human health. Under this Act, an entity must apply for and receive a permit before exporting or importing hazardous waste, as evidenced by the application from The Shell Company of Australia Ltd to export spent catalyst to the United States. This process allows the Australian Government to monitor and control the movement of hazardous materials, ensuring compliance with international standards and obligations.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste in Australia, ensuring that such activities are conducted in a manner that minimises risks to human health and the environment. This Act mandates that any person or entity intending to export or import hazardous waste must obtain a permit from the relevant Minister, specifying the types of waste, quantities, and the intended destination. The scope of the Act encompasses all transboundary movements of hazardous waste, irrespective of the entities involved or the industries affected, thus applying broadly to any individual or organisation involved in such activities. The Act's jurisdictional reach is national, with the Commonwealth having legislative authority over the regulation of hazardous waste exports and imports. The Act does not apply to the movement of hazardous waste within Australia, nor does it extend to the importation of hazardous waste into Australia. The application process includes a detailed notification as evidenced by the recent application received from The Shell Company of Australia Ltd, which seeks to export spent catalyst containing platinum and aluminium to a recycling facility in the United States. The application process is further regulated by subordinate instruments which may detail specific requirements or conditions for the export of hazardous waste.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989, as referenced in the notice, governs the export and import of hazardous waste. Section 33 (33) of the Act requires that any person or entity seeking to export hazardous waste must lodge an application with the Minister, detailing the type, quantity, and destination of the waste, as well as the intended process for its handling or disposal. In this case, The Shell Company of Australia Ltd has applied under Section 33 to export spent catalyst containing platinum and aluminium to Sabin Metal West Corporation in the USA. The application specifies the details of the shipment, including the volume of 104 tonnes, the materials involved, and the route of the transboundary movement, which involves sea transport from the Port of Botany, with possible transits through New Zealand and Fiji. The Act imposes several obligations on the applicant and the Minister. The applicant must provide all necessary information to facilitate a thorough assessment of the environmental and health risks associated with the export. The Minister, on the other hand, is required to review the application, consult with relevant authorities, and consider international agreements such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Section 33 mandates that the Minister must notify the public of the application, allowing for community input and ensuring transparency in the process. Breaches of the Act or non-compliance with its provisions can result in significant consequences. Under Section 34 (34), unauthorised export or import of hazardous waste is an offence, with potential criminal penalties. Those found guilty of such offences could face fines up to a maximum of $5.5 million for individuals and $27.5 million for corporations, as well as imprisonment. Additionally, the Act provides for civil penalties and the potential for recovery of costs incurred by the government in managing or rectifying the consequences of unauthorised movements of hazardous waste. The stringent penalties are designed to deter non-compliance and ensure the protection of both human health and the environment.