Notice of application to vary a Basel Export Permit (AUH15-062) - Lewer Corporation Pty Ltd

Overview

The notice pertains to the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which was enacted to regulate the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. This Act addresses the problem of uncontrolled and unsafe movement of hazardous waste between countries by establishing a permit system that requires exporters to obtain consent before shipping waste to other countries. The legislation is administered by the Australian Government through the Department of the Environment, and its policy objective is to prevent the export of hazardous waste to countries where it may not be managed in an environmentally sound manner. This notice of application to vary a Basel export permit under this Act serves as a formal announcement for public consultation, allowing interested parties to lodge their comments within a specified period.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export of hazardous waste from Australia and governs the process through which permits for such exports are granted, amended, or revoked. This legislation is a Commonwealth Act, thereby exercising jurisdiction across the entirety of Australia, including its territories. The Act applies to entities such as Lewer Corporation Pty Ltd that seek to export hazardous waste and necessitates that these entities obtain and potentially vary export permits as per the provisions of the Act. The scope of the Act includes various types of hazardous waste, contingent on their Basel codes, and governs the specifics of their export such as quantity, timing, and destination. In the case of Lewer Corporation, the Act allows for the variation of an existing Basel export permit, as evidenced by the application to vary Basel export permit AUH15-062. While the Act provides for a structured process to manage the export of hazardous waste, it does not specify exclusions or exemptions within the context of this particular application. The permit application process under the Act may be further detailed through subordinate instruments, which can extend or restrict the application of the Act to certain conditions or circumstances.

Key Provisions

The primary sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 that are relevant to this Notice of Application are section 33, which mandates that notice be given of any application to vary a Basel export permit, and section 34, which provides for public notification and the opportunity for written comments on the application. Section 33(1) requires that notice of the application to vary the Basel export permit must be given, and this is precisely what the Notice of Application achieves. The applicant, Lewer Corporation Pty Ltd, has provided the required information in accordance with section 33(2), including the details of the original permit, the proposed variations, and the method for submitting written comments on the application. The obligations imposed by the Act on Lewer Corporation Pty Ltd include ensuring that the notice of application is published in the Gazette (section 33(1)) and that all necessary information is provided in a clear and accessible manner. The applicant must also ensure that written comments received by the Department of the Environment are forwarded to the applicant, as per section 34. Furthermore, Lewer Corporation Pty Ltd must ensure that any sensitive or commercial-in-confidence information is excluded from the comments submitted by respondents to prevent unnecessary disclosure. Should any party fail to comply with the requirements of the Act, there may be civil or criminal consequences. Under section 39, a person who contravenes a provision of the Act may be liable for a civil penalty of up to $330,000 for a corporation or $66,000 for an individual, as per the Commonwealth Penalties (Application) Regulations 1991. Additionally, under section 41, a person who contravenes the Act may be subject to criminal penalties, including fines of up to $5.5 million for a corporation or $1.1 million for an individual, and imprisonment for up to three years, as per the Crimes Act 1914. These penalties underscore the importance of strict compliance with the Act's provisions.