Notice of Decision to grant a permit to Viva Energy Refining Pty Ltd to export spent catalysts to the United States

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide for the regulation of the export and import of hazardous waste to protect the environment and public health. This legislation was introduced to address the problem of improper management of hazardous waste, which can lead to environmental pollution and health risks. The Act is administered by the Parliament of Australia and its policy objective is to ensure that hazardous waste is managed in a way that minimises its impact on human health and the environment. The Act allows for the granting of special export permits, subject to conditions, to ensure that the export of hazardous waste is carried out in a manner that is environmentally sound and in accordance with international agreements such as the Basel Convention.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous wastes, focusing on ensuring that such activities are conducted in a manner that protects human health and the environment. The Act applies to any person or entity involved in the export or import of hazardous waste, requiring them to obtain a special export permit from the Minister for the Environment or the Minister's delegate, as outlined in the legislation. The permit process includes specifying details such as the type and quantity of waste, the recipient, and the method of transport, as seen in the case of Viva Energy Refining Pty Ltd's permit for exporting spent catalysts to Sabin Metal West Corp in the United States. The Act has a national jurisdictional reach within Australia and extends to transboundary movements governed by the Basel Convention. While the Act generally applies to all hazardous waste exports and imports, specific exclusions or exemptions are not explicitly stated in the notice. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines issued under the authority of the Act.

Key Provisions

The notice of the decision to grant a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) specifies that Viva Energy Refining Pty Ltd has been granted permit AUH16-026 to export spent catalysts, which are contaminated with hydrocarbons and contain platinum and palladium on an alumina substrate. This waste, identified under Basel Code A2030, is to be exported in a maximum quantity of 49,234 kilograms. The permit stipulates that the waste must be contained in sealed plastic bags inside UN-rated drums or bags, complying with the Australian Dangerous Goods Code, the International Maritime Dangerous Goods Code, and the US Department of Transport's requirements. The waste will be transported by road to the port of export, shipped by sea, and then transported again by road to the recovery facility in the United States. The export must occur from Melbourne via Port Botany, Sydney, to the port of Oakland in the United States, with transit through New Zealand and French Polynesia. The waste will undergo recovery operations at Sabin Metal West Corp, specifically recycling/reclamation of metals and metal compounds (R4) and recovery of components from catalysts (R8). The permit is effective from the date of notice until 31 July 2017, and all transboundary movements must be completed by this expiry date. The permit imposes obligations on Viva Energy Refining Pty Ltd to ensure compliance with all specified conditions regarding the handling, transportation, and recovery of the hazardous waste. This includes the secure containment of the waste during transit and adherence to the stipulated export and import routes and methods. The permit also requires that all recovery operations at Sabin Metal West Corp must comply with the regulations and standards set forth by the US Department of Transport and other relevant authorities. Viva Energy Refining Pty Ltd must ensure that all necessary documentation and approvals are in place for the transit of hazardous waste through each country involved in the journey. Breaches of the conditions specified in the permit or any failure to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in serious consequences. Offences under the Act can lead to civil penalties, including fines, and may also result in criminal charges. The maximum penalties for breaches can include substantial fines and potential imprisonment, depending on the severity and intent of the breach. Additionally, any party found in violation of the permit conditions may face revocation of future permit applications and be subject to legal action by the Department of the Environment and Energy or other relevant authorities.