NOTICE OF APPLICATION RECEIVED UNDER THE HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that an application has been received from Mobil Refining Australia Pty Ltd (ABN 48 004 300 163), 12 Riverside Quay, Southbank VIC 3006.
The application relates to the export of up to 50 tonnes of spent catalyst (Basel Code 2030) to the facility operated by GS Ecometal Co Ltd in Ulsan, Republic of Korea. The waste is destined for recovery operation R8 – Recovery of components from catalysts.
The export would be by ship from Melbourne, transiting Singapore en route to Busan in the Republic of Korea.
The export would take place in one shipment during the time period specified in the permit, if granted.
Written comments on the permit application may be lodged with the Department within 28 days of publication of this notice. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or forwarded by e-mail to hwa@environment.gov.au. Respondents should be aware that comments will be shared with the Applicant and should not contain commercial-in-confidence information.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Environment Protection Branch
20 June 2014
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper export and import of hazardous waste, which poses significant risks to environmental and human health both domestically and internationally. This legislation was introduced by the Australian Parliament to ensure that hazardous waste is managed in a manner that minimises risks to health and the environment. The policy objective of the Act is to regulate the export and import of hazardous waste in a way that aligns with Australia's international obligations under the Basel Convention, which aims to control the transboundary movement of hazardous wastes and their disposal. The Act provides a framework for the control of hazardous waste exports and imports, ensuring they are conducted in an environmentally sound manner. The notice of application for the export of spent catalyst by Mobil Refining Australia Pty Ltd to GS Ecometal Co Ltd in the Republic of Korea exemplifies the Act's role in regulating such activities and providing a mechanism for public consultation on potentially hazardous operations.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste in Australia, ensuring that such activities are conducted in a manner that protects human health and the environment. The Act applies to all persons and entities that propose to export or import hazardous waste, and it mandates that these activities are conducted in compliance with the permit requirements set out in the Act. The geographic reach of the Act is national, applying across all states and territories within Australia, while also extending to the regulation of exports and imports that involve Australian-originated hazardous waste. The application from Mobil Refining Australia Pty Ltd pertains to the export of spent catalyst to a facility in the Republic of Korea, demonstrating the Act’s extra-jurisdictional application in regulating waste exports. The Act does not specify exclusions or exemptions but allows for the establishment of conditions for permits through subordinate instruments. This particular application is open to public comment, reflecting the Act’s intent to incorporate stakeholder views in its regulatory process.
Key Provisions
The primary operative sections of the Notice of Application Received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Section 33) pertain to the formal announcement of an application submitted by Mobil Refining Australia Pty Ltd (ABN 48 004 300 163) for the export of up to 50 tonnes of spent catalyst (Basel Code 2030) to a facility operated by GS Ecometal Co Ltd in Ulsan, Republic of Korea. This export is intended for recovery operation R8, which involves the recovery of components from catalysts. The transportation will occur via ship from Melbourne, with a transit stop in Singapore, ultimately heading to Busan in the Republic of Korea. The shipment is planned for a single export event within the timeframe specified in the permit, should it be granted.
The Act imposes specific obligations on both the applicant and the Department of the Environment. For Mobil Refining Australia Pty Ltd, the obligations include providing detailed information about the hazardous waste, the intended recipient, the method of transportation, and the purpose of the export. Additionally, they must ensure that the export complies with all relevant environmental and hazardous waste regulations. The Department of the Environment, on the other hand, is required to review the application, publish a notice of the application to allow for public comment, and facilitate the process by which comments are collected and considered. The Department must also ensure transparency by sharing comments with the applicant, with the caveat that sensitive commercial information must be redacted.
In terms of potential consequences for non-compliance, the Hazardous Waste (Regulation of Exports and Imports) Act 1989 does not specify explicit offences or penalties within this notice. However, failure to comply with the Act's provisions could lead to the permit being refused or revoked. Additionally, any non-compliance with hazardous waste regulations could result in civil or criminal penalties under other relevant legislation, including fines and imprisonment. The maximum penalties for offences under related acts, such as the Environment Protection and Biodiversity Conservation Act 1999, can reach up to AUD 1.1 million for corporations and AUD 220,000 for individuals, along with potential imprisonment terms of up to 7 years for serious offences.