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 applications AUH16-048, AUH16-049 and AUH16-050 have been received from Ixom Operations Pty Ltd (ACN 600 546 512), 1 Nicholson Street, East Melbourne, Victoria, 3002 (Telephone: +61 3 9906 3043; Facsimile: +61 3 8656 3806).
The applications relate to the export of up to 180 tonnes (in total) of spent catalyst (comprising 80 tonnes of “Shiftmax”, 80 tonnes of “Katalco” and 20 tonnes “Puraspec”, Basel Code A2030) to the Netherlands for recovery operation R8 – Recovery of components from catalysts at Metrex BV.
Written comments on the permit applications may be lodged with the Department within 28 days of publication of this notice. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment and Energy, GPO Box 787 CANBERRA ACT 2601, or forwarded by email 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.
Sara Broomhall
Delegate of the Minister
A/g Assistant Secretary
Chemicals and Waste Branch
Department of the Environment and Energy
15 February 2017
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the growing concerns surrounding the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The Act was introduced to fill the gap in regulatory oversight needed to manage and control the cross-border movement of hazardous waste, thereby preventing potential environmental damage and ensuring compliance with international obligations under the Basel Convention. The Act is administered by the Australian Parliament, with the primary policy objective being to protect the environment and human health from the risks associated with hazardous waste trade. This legislation enables the regulation of hazardous waste exports and imports by requiring exporters to obtain permits, thereby ensuring that waste is managed in an environmentally sound manner.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity that intends to export or import hazardous waste. This includes specific industries involved in the generation, treatment, storage, or disposal of hazardous waste, as well as those who transport such waste across borders. The Act regulates the export and import of hazardous waste to ensure that it is managed in an environmentally sound manner and does not pose a risk to human health or the environment. The geographic reach of the Act extends across Australia, encompassing the Commonwealth, states, territories, and their respective jurisdictions. However, the Act excludes certain types of waste, such as radioactive materials, which are governed by separate legislation. The application of the Act can be extended or restricted through subordinate instruments, which may specify additional requirements or exemptions for particular categories of hazardous waste or activities. The notice of applications received under this Act, as provided in the Gazette, indicates that the Department of the Environment and Energy has received applications from Ixom Operations Pty Ltd for the export of spent catalyst to the Netherlands, and it invites written comments on these applications within a specified timeframe.
Key Provisions
The key provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) require that any party intending to export hazardous waste must apply for a permit (section 7). This involves submitting a detailed application to the Department of the Environment and Energy, including specific information about the waste, the destination, and the intended recovery operation. The applications mentioned, AUH16-048, AUH16-049, and AUH16-050, are examples of such permit applications, filed by Ixom Operations Pty Ltd for the export of up to 180 tonnes of spent catalyst to the Netherlands for recovery operations (section 33). The applications detail the types of spent catalyst being exported, their Basel codes, and the specific recovery operation at Metrex BV.
The Act imposes several obligations on entities applying for permits, including providing comprehensive details about the hazardous waste and the recovery operations. It also mandates that the Department of the Environment and Energy must assess the applications and decide whether to grant a permit based on the environmental and health risks associated with the export (section 10). The Department has 90 days from the date of the application to make a decision (section 11). Additionally, applicants must ensure that the waste is managed in a manner that does not pose a risk to human health or the environment, both in Australia and the destination country (section 13).
Breaches of the Act can lead to significant consequences. For instance, exporting hazardous waste without a permit is an offence (section 21), and can result in criminal penalties, including fines of up to $1.65 million for individuals and $8.25 million for corporations, as well as imprisonment for up to 10 years (section 22). The Act also provides for civil penalties, including fines of up to $165,000 for individuals and $825,000 for corporations (section 23). Furthermore, the Act empowers the courts to issue injunctions or other orders to prevent or remedy breaches (section 25). These stringent measures underscore the importance of compliance with the Act to protect public health and the environment from the risks associated with hazardous waste exports.