Notice of application recieved from Woodside Energy Limited to export spent catalyst from Western Australia to Switzerland for recovery of metals

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to regulate the export and import of hazardous waste, ensuring that such activities are managed in a way that protects human health and the environment. This Act was introduced to address the problem of uncontrolled and potentially harmful movement of hazardous waste across international borders, aiming to provide a framework for the responsible management of such waste. The policy objective of the Act is to prevent and minimise the transboundary movement of hazardous wastes and their disposal in a manner that may be harmful to human health or the environment. The Act works in conjunction with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, to which Australia is a signatory, ensuring compliance with international standards for the management of hazardous waste.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to export or import hazardous waste in Australia. The Act governs the transboundary movement of hazardous waste, ensuring that it is managed in an environmentally sound manner. This includes requiring notification and permit approval for exports, which helps to control the movement of hazardous waste to and from Australia. The Act applies nationally across all states and territories, as it is a Commonwealth Act. In this instance, the application by Woodside Energy Limited to export spent catalyst to Switzerland is subject to the provisions of this Act, including the requirement for a permit to facilitate the transboundary movement of hazardous waste. The Act does not specify any exclusions or exemptions for the types of hazardous waste covered, but the application process does include scrutiny of the intended recovery operation and the destination of the waste. Subordinate instruments may further detail the permit conditions and the classification of hazardous waste.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) mandates that notice be provided upon the receipt of an application for the export of hazardous waste. In this case, Woodside Energy Limited has applied to export up to 500 tonnes of spent catalyst, specifically coded as A2030 under the Basel Convention, from Fremantle, Western Australia to Batrec Industries AG in Switzerland. The intended use of this hazardous waste is for recovery operation R4, which involves the recycling or reclamation of metals and metal compounds. The export, if permitted, would be conducted in up to twenty separate shipments within the timeframe stipulated in the permit. This notice is a formal requirement under the Act, ensuring transparency and compliance with international hazardous waste management standards. The Act imposes several obligations on the parties involved. Woodside Energy Limited, as the applicant, must provide detailed information about the hazardous waste, including its composition, quantity, and the proposed recovery operations. Batrec Industries AG, as the recipient, must ensure that the imported hazardous waste will be managed in an environmentally sound manner, consistent with the Basel Convention and any other relevant international agreements. Both parties are required to obtain necessary permits and comply with all regulatory requirements, including those related to the transportation and treatment of hazardous waste. Furthermore, the applicant must notify the relevant authorities in both Australia and Switzerland of the proposed export and ensure that all documentation is accurate and complete. Breach of the provisions of the Act can lead to significant consequences. Under Section 47 of the Act, any person who exports, or causes or knowingly permits the export of hazardous waste without a permit, or in a manner inconsistent with the permit, commits an offence. The penalty for such an offence can be severe, with maximum penalties including fines up to $330,000 for individuals and $1.65 million for corporations, as well as imprisonment for up to five years. Additionally, any person who exports hazardous waste in a manner that poses a risk to human health or the environment may face further penalties under other relevant legislation, such as the Environment Protection and Biodiversity Conservation Act 1999. The Act also provides for civil remedies, including injunctions and damages, for harm caused by non-compliance. The Act's framework ensures that hazardous waste is managed in a manner that protects human health and the environment. By requiring permits and detailed notification, the Act facilitates oversight and enforcement, thereby reducing the risk of illegal or unsafe hazardous waste movements. Compliance with the Act is crucial for both exporters and importers, as it not only safeguards public health and the environment but also upholds Australia's obligations under international conventions such as the Basel Convention. The stringent penalties for non-compliance serve as a deterrent, encouraging adherence to the regulatory requirements and promoting responsible hazardous waste management practices.