Notice of Application Received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 - Lewer Corporation Pty Ltd

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the uncontrolled and potentially hazardous export of hazardous waste materials from Australia. This Act was introduced by the Parliament of Australia to provide a regulatory framework for the export and import of hazardous waste, ensuring that such activities do not pose a risk to human health and the environment. The policy objective of the Act is to protect Australia's environment and public health by controlling the movement of hazardous waste across its borders, thereby preventing illegal dumping and ensuring that waste is managed in a manner that minimises potential harm. The Act establishes a permit system for the export and import of hazardous waste, with the Department of the Environment responsible for issuing and monitoring these permits to ensure compliance with national and international standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste, including waste zinc skimmings as described in the legislation. The Act imposes obligations on the applicant, Lewer Corporation Pty Ltd in this instance, to ensure that the proposed export complies with all relevant regulations and requirements under the Act. The Act has a Commonwealth jurisdictional reach, meaning it applies across Australia and governs the movement of hazardous waste both into and out of the country. However, it is noted that the Act may be supplemented or further defined by subordinate instruments, which could potentially extend or restrict its application. The Act does not explicitly mention any exclusions, exemptions, or thresholds within the provided notice, but such details might be found in the full text of the Act or related regulations. Interested parties have the opportunity to submit comments on the application within 28 days from the publication of this notice, which will then be considered by the Department of the Environment.

Key Provisions

The main operative sections of the legislation concern the application process for the export of hazardous waste, specifically referencing section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This section mandates that a notice must be given when an application for the export of hazardous waste is received. In this case, application AUH15-062 from Lewer Corporation Pty Ltd for the export of up to 1000 tonnes of waste zinc skimmings to Thailand is the subject of this notice. The application pertains to a recycling operation (Basel Code A1080) at Global Chemical Co., Ltd in Samutprakarn, Thailand. The Act imposes several obligations on the parties involved. The applicant, Lewer Corporation Pty Ltd, must provide detailed information about the hazardous waste, the proposed export, and the recovery operation. The Department of the Environment, through its Hazardous Waste Section, is responsible for reviewing the application and facilitating the public comment period. During this period, any interested parties can submit written comments to the Department within 28 days of the notice's publication. It is crucial for respondents to be mindful that their comments will be shared with the applicant and should not include any commercial-in-confidence information. In terms of consequences for non-compliance, the legislation does not explicitly detail offences, penalties, or specific civil or criminal consequences within this notice. However, the overarching Act under which this notice is issued likely contains provisions that address breaches of hazardous waste export regulations. Typically, violations of such regulations could result in enforcement actions, fines, or legal proceedings, depending on the nature and severity of the breach. The maximum penalties would be determined according to the specific provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and any related regulations or guidelines.