Notice of Application Received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 - TES-AMM Australia Pty Ltd

Overview

The notice published under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs that an application has been received from TES-AMM Australia Pty Ltd for the export of up to 1100 tonnes of leaded glass cullet from cathode ray tubes to a facility in the Republic of Korea. This Act was enacted in 1989 by the Commonwealth Parliament to address the need for regulation of the transboundary movement of hazardous waste, ensuring that such movements are managed in an environmentally sound manner. The policy objective of the Act is to protect human health and the environment from the adverse effects of the movement and disposal of hazardous wastes across international borders, which includes the control of the export and import of hazardous wastes. This notice facilitates public consultation on the proposed export, allowing stakeholders to provide feedback on the potential environmental impacts and compliance with the regulations set forth by the Act.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste within Australia, governing the transboundary movement of such materials to and from the country. This legislation imposes strict regulatory controls on entities and individuals involved in the export of hazardous substances, ensuring that such activities comply with environmental protection standards and international obligations under agreements such as the Basel Convention. The Act applies to any entity, including corporations and individuals, intending to export hazardous waste. In this instance, the application pertains to TES-AMM Australia Pty Ltd, which seeks to export up to 1100 tonnes of leaded glass cullet from cathode ray tubes to Korea Zinc Co Ltd in South Korea. The geographic reach of the Act is national, as it governs the transboundary movement of hazardous waste, with the specific application involving international transport from Australian ports to South Korea. The application process includes a mandatory public notification period during which comments can be submitted to the Department of the Environment. The Act does not specify exclusions, but subordinate instruments may provide further details on the types of hazardous waste subject to regulation and the procedures for applications and approvals.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989, under Section 33, requires that notice be given when an application for the export of hazardous waste is received (Section 33). In this case, TES-AMM Australia Pty Ltd has applied for permission to export up to 1100 tonnes of leaded glass cullet from cathode ray tubes, identified by the Basel Code A2010, to Korea Zinc Co Ltd in the Republic of Korea. The waste is intended for recovery operation R4, which involves the recycling or reclamation of metals and metal compounds. The application includes details on the transportation of the waste by road to various Australian ports, and then by sea directly to the Republic of Korea, without transiting any other country. Under the Act, specific obligations are imposed on the parties involved in the transboundary movement of hazardous waste. The applicant must provide detailed information about the waste, its origin, its intended use, and the method of transportation (Section 24). This includes ensuring that the waste will be managed in an environmentally sound manner in the receiving country, in accordance with the Basel Convention. The applicant must also submit an export notification and, if required, obtain a permit from the relevant authority, in this case, the Department of the Environment. Additionally, the applicant must ensure that all waste management practices comply with the standards set forth by the Act. Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. Section 45A of the Act outlines that any person who exports, imports, or transports hazardous waste in contravention of the Act can be subject to substantial penalties. For corporations, the maximum penalty can be up to $210,000, while individuals can face penalties up to $42,000. Additionally, the Act provides for both civil and criminal penalties for breaches, including fines and imprisonment. It is imperative for all parties to adhere strictly to the requirements of the Act to avoid these serious repercussions.