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
250 000 litres of a mixture of waste oil and water (Basel Code A4060) 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 Brisbane, QLD. The waste would then be transported to a facility operated by Transpacific Industries Group Ltd located at Narangba, QLD.
There, the waste would undergo operation D9 - Physico-chemical treatment, with any recovered oil then undergoing operation R3 - Recycling/reclamation of organic substances which are not used as solvents.
The import would take place in up to ten (10) 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.
Andrew McNee
Assistant Secretary
Environment Protection Branch
13 June 2014
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the problem of the transboundary movement of hazardous and other wastes that could pose risks to human health and the environment. The policy objective of the Act is to control and manage the export and import of hazardous waste in order to prevent illegal traffic, dumping and environmental harm. This legislation was introduced to align Australia's regulatory framework with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The notice of application provided in the Gazette serves to inform the public of an application received under the Act, in this case, by Toxfree (Australia) Pty Ltd for the importation of a specified quantity of hazardous waste from Papua New Guinea, highlighting the Act's role in regulating such activities and ensuring compliance with environmental protection standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to import or export hazardous waste within Australia and its territories, encompassing a broad range of waste materials defined under the Basel Convention. This legislation specifically regulates the importation of hazardous waste, including the mixture of waste oil and water mentioned in the notice concerning Toxfree (Australia) Pty Ltd's application. The Act imposes a comprehensive framework to ensure that hazardous waste management practices adhere to stringent environmental protection standards. The scope of the Act extends across the Commonwealth, thereby enforcing uniform regulations regardless of state or territory boundaries. Notably, the Act does not specify exclusions or exemptions, but rather, relies on the permit application process to assess and determine the appropriateness of each import or export transaction. Subordinate instruments, such as regulations and guidelines, may further refine the application of the Act, providing detailed operational standards and procedural requirements that entities must follow.
Key Provisions
Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the main operative sections that are pertinent to the application from Toxfree (Australia) Pty Ltd include Section 33, which mandates the publication of an application received for the importation of hazardous waste. This section stipulates that the details of the application, including the type and quantity of waste, the proposed transport route, and the treatment process, must be made public to allow for scrutiny and comments from the public. This transparency is intended to ensure that any potential environmental and public health risks are identified and addressed before the waste is imported.
The Act imposes several obligations on Toxfree (Australia) Pty Ltd. Firstly, they must ensure that all details of the proposed importation are accurately disclosed in their application. This includes providing comprehensive information about the waste material, the methods of transportation, and the intended processing and disposal methods. Additionally, Toxfree must demonstrate compliance with all relevant Australian environmental and waste management regulations. The company is also required to provide evidence that the importation will not pose a risk to public health or the environment.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. If Toxfree (Australia) Pty Ltd or any other party fails to adhere to the requirements set forth in the Act, they may be subject to enforcement actions. These can include fines, legal proceedings, and potential criminal charges. The maximum penalties for breaches can be severe, reflecting the serious environmental and health risks associated with the improper handling of hazardous waste. The exact penalties depend on the nature and severity of the breach but can include substantial financial penalties and, in some cases, imprisonment.