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
50 000 litres of resins (Basel Code A3050) 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 Newcastle, NSW or Sydney, NSW. The waste would then be transported by road to a facility operated by Toxfree Pty Ltd at Heatherbae, NSW for consolidation.
The waste would then be transported by road to a facility operated by Geocycle SBF Pty Ltd in Dandenong South, Victoria, where it would undergo operation R1 – use as a fuel (other than in direct incineration) or other means to generate energy.
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.
Bruce Edwards
Assistant Secretary
Waste Policy Branch
30 April 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to establish a regulatory framework for the export and import of hazardous waste, ensuring environmental protection and public health. The Act was introduced to address the problem of uncontrolled and potentially harmful movement of hazardous waste across international borders, aiming to prevent illegal trafficking and ensure that waste is managed in a manner that minimises environmental and health risks. The policy objective of the Act is to provide strict controls over the transboundary movement of hazardous waste, ensuring that it is managed responsibly and in accordance with international standards. The Act was passed by the Parliament of Australia and empowers the Minister for the Environment to make regulations concerning the export and import of hazardous waste, as well as to issue or refuse import and export permits. The public notification of applications under this Act, such as the recent application by Toxfree (Australia) Pty Ltd, is part of a transparent process that allows for public scrutiny and input, ensuring that decisions align with broader environmental and public health objectives.
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 within Australia. This includes businesses, corporations, and individuals who are directly or indirectly involved in the transportation, processing, or disposal of hazardous waste, as well as the companies or entities that manage such waste. The legislation governs the handling of hazardous waste, ensuring that it is managed in an environmentally sound manner, and sets out the requirements for permits and notifications related to the movement of hazardous waste across Australia's borders. The Act's jurisdictional reach is national, applying throughout the Commonwealth of Australia and extending to the territories. It is pertinent to industries that deal with hazardous substances and any transactions involving the cross-border movement of such waste. The Act includes provisions for exclusions and exemptions, as well as setting thresholds for the types and quantities of waste that require regulatory oversight. The application of the Act can be further refined through subordinate instruments, such as regulations or guidelines, which provide detailed operational standards and procedures for compliance. The notice provided pertains specifically to the importation of resins by Toxfree (Australia) Pty Ltd, which must adhere to the requirements stipulated by the Act and any relevant subordinate instruments.
Key Provisions
The main operative sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) pertain to the requirement for notice to be given when an application for a permit is received. In this case, Toxfree (Australia) Pty Ltd has submitted an application to import up to 50,000 litres of resins (Basel Code A3050) from Total Waste Management Limited in Papua New Guinea. This notice is to inform the public and relevant stakeholders about the application and to invite any written comments on it within 28 days of the publication in the Commonwealth of Australia Gazette. The import will be conducted through up to ten shipments over a period of up to twelve months, provided the permit is granted.
The Act imposes several obligations and requirements on Toxfree (Australia) Pty Ltd and other parties involved in the import process. Primarily, Toxfree must submit detailed information about the nature of the waste, the method of transportation, the consolidation facility, and the final processing facility. The waste must be transported from Port Moresby to either Newcastle or Sydney and then to a facility in Heatherbae, NSW for consolidation before being sent to Geocycle SBF Pty Ltd's facility in Dandenong South, Victoria for processing. All these details must be meticulously documented and provided to the Department of the Environment for review.
Breaches of the provisions of the Act can lead to severe consequences. The Act outlines specific offences and penalties for non-compliance, although these are not detailed in the notice. Generally, violations of the Act can result in both civil and criminal penalties. Civil penalties may include fines and orders for remediation, while criminal penalties can lead to imprisonment and substantial fines. The exact penalties would depend on the nature and severity of the breach, but the Act provides for stringent enforcement to ensure compliance with hazardous waste regulations.