NOTICE OF APPLICATIONS 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 four similar applications have been received from Hazmat Services Pty Ltd, 42 Heather Street, Heatherbrae, NSW 2324. The applications relate to the importation of four different types of waste from Total Waste Management Limited, Allotment 32, Section 140, Walter Bay Industrial Center, Building 9, Scratcheley Road, Badili, National Capital District, Papua New Guinea.
One of the applications is for up to 50 000 litres of waste resins to undergo recycling/reclamation R1 – Use as a fuel (other than in direct incineration). The other three applications are for wastes to undergo disposal operation D9 - Physico chemical treatment: up to 50 000 litres of waste acids; up to 50 000 litres of waste bases; and up to 10 000 kilograms of waste oxidisers.
The wastes would be shipped from Port Moresby in Papua New Guinea to the port of Newcastle, NSW, and transported by road to the facility of Transpacific Technical Services Ltd located at Raven Street, Kooragang, NSW 2304, where they would undergo the above processing.
The import of each waste would take place in up to six (6) shipments over twelve months commencing from the date of the relevant permit, if granted.
Andrew McNee
Assistant Secretary
Environment Protection Branch
5 July 2013
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of hazardous waste entering or leaving Australia in an uncontrolled or unsafe manner. The Act aims to regulate the export and import of hazardous waste to protect human health and the environment from the potential dangers associated with such activities. The Parliament of Australia enacted this legislation to provide a framework for the management and control of hazardous waste movements, ensuring they are conducted in a manner that minimises risk. The policy objective of the Act is to prevent or mitigate any adverse effects on human health and the environment that may arise from the export or import of hazardous waste, by ensuring that such activities are subject to appropriate oversight and regulation.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of hazardous waste imports and exports within Australia, ensuring that such wastes are managed in an environmentally sound manner and in compliance with international obligations. This Act applies to individuals and entities involved in the export or import of hazardous waste, including companies like Hazmat Services Pty Ltd and Transpacific Technical Services Ltd, which are named in the Gazette notice. The geographic reach of the Act is national, applying across all states and territories of Australia, with these particular applications involving waste originating from Papua New Guinea and being transported to facilities in New South Wales. The notice indicates that the Act extends to the regulation of specific types of waste and their intended processing, such as recycling, reclamation, and disposal operations. There are no stated exclusions or exemptions within the provided notice, but the Act may offer these under its broader provisions, typically evaluated on a case-by-case basis. The application process under this Act involves obtaining permits for the importation of hazardous waste, with the details of each application, such as the type of waste and processing methods, being publicly notified as per Section 33 of the Act.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires the notification of applications received for importing hazardous waste. This notice pertains to four applications from Hazmat Services Pty Ltd for the importation of various types of waste from Papua New Guinea to Australia. Specifically, these applications include the import of waste resins for recycling as fuel, and waste acids, bases, and oxidisers for disposal through physico-chemical treatment. The waste will be shipped from Port Moresby to Newcastle, NSW, and then transported to a facility in Kooragang Island for processing.
The Act imposes obligations on Hazmat Services Pty Ltd to ensure compliance with all regulatory requirements for the import and processing of hazardous waste. This includes providing detailed information about the types and quantities of waste, the intended processing methods, and the transportation logistics. Additionally, the Act requires that these processes adhere to the specified disposal or recycling operations, ensuring that the waste is handled in a manner that minimises environmental and health risks.
Breaching the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to $1,100,000 for corporations and $220,000 for individuals, reflecting the severity of the potential environmental and public health risks associated with hazardous waste management. Criminal penalties may also apply, with maximum fines of up to $6.6 million for corporations and $1.32 million for individuals, alongside potential imprisonment terms. These stringent penalties underscore the importance of strict adherence to the Act's requirements for the safe and responsible handling of hazardous waste.