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 Toxfree (Australia) Pty Ltd (Toxfree) 42 Heather Street, Heatherbrae NSW 2324. The application relates to the importation of up to
10 000 kilograms of oxidisers (Basel Code A4140) from Total Waste Management Limited,
PO Box 473, Waigani 131, National Capital District, Papua New Guinea.
The waste would be shipped from Port Moresby direct to Melbourne, Victoria. The waste would then be transported by road to a facility operated by Toxfree Pty Ltd at Laverton, Victoria, where it would undergo operation D9 – physico-chemical treatment.
The import would take place in up to six (6) shipments over a period of up to twelve months, as specified in the permit, if granted.
Written comments on the permit application may be lodged with the Department within 28 days of publication in the Commonwealth of Australia Gazette. 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.
Bruce Edwards
Assistant Secretary
Waste Policy Branch
30 April 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the unregulated movement of hazardous waste across international borders, ensuring that such waste is managed in an environmentally sound manner. The Act was introduced by the Australian Parliament to provide a regulatory framework for the export and import of hazardous waste, aiming to protect human health and the environment from the potential risks associated with these materials. The Act specifies the requirements for obtaining permits for the export or import of hazardous waste and provides mechanisms for public notification and comment on permit applications. The policy objective of the Act is to ensure that hazardous waste is managed responsibly and that any risks to human health and the environment are minimised through stringent regulatory oversight.
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 across Australia. The Act primarily governs the movement of hazardous waste between Australia and other countries, ensuring that such waste is managed in an environmentally sound manner. It applies to both individuals and entities involved in the export or import of hazardous waste, including companies such as Toxfree (Australia) Pty Ltd, as evidenced by their application to import oxidisers from Papua New Guinea. The Act's jurisdiction extends nationally, providing a uniform framework for the management of hazardous waste across state and territory borders. There are no stated exclusions or exemptions in this specific application, but the Act may encompass various exclusions or thresholds based on the type and quantity of hazardous waste involved. The application process, as detailed in the notice, allows for public comment on proposed imports, reinforcing the Act’s commitment to transparency and community involvement in hazardous waste management decisions.
Key Provisions
The primary sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 relevant to the notice of the application are Sections 33 and 34. Section 33 requires the notification of applications for importation or exportation of hazardous waste, which is fulfilled by the notice published in the Gazette. Section 34 outlines the requirements for the permit application itself, which includes details such as the type and amount of hazardous waste, the proposed treatment method, and the duration and frequency of the shipments. The notice informs the public of an application from Toxfree (Australia) Pty Ltd to import up to 10,000 kilograms of oxidisers from Papua New Guinea over a period of up to twelve months, with shipments arriving in Melbourne and then being transported to a facility in Laverton, Victoria, for treatment.
The Act imposes several obligations and requirements on Toxfree (Australia) Pty Ltd and the Department of the Environment. Toxfree must submit a detailed application outlining the specifics of the proposed import, including the type and amount of hazardous waste, the origin and destination of the waste, and the treatment process to be undertaken. The Department, in turn, must review the application, consider any public comments, and determine whether to grant the permit. Both parties must adhere to the timelines and procedural requirements set out in the Act, including the 28-day period for public comments. The Department must also ensure that any information shared with the applicant does not include commercial-in-confidence details from the public.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in various civil and criminal consequences. For Toxfree (Australia) Pty Ltd, not adhering to the permit conditions or providing false information in the application could lead to the permit being revoked or not granted in the first place. Such non-compliance could also result in criminal charges, with potential penalties including fines and imprisonment. The maximum penalty for contravening the Act is a fine of up to $66,000 for an individual and up to $330,000 for a corporation, as stipulated under Section 141 of the Act. Additionally, the Department of the Environment may face scrutiny if it fails to properly review applications or handle public comments, potentially leading to administrative or legal repercussions.