Notice of Decision to grant an Export Permit (AUH123512I) to Mount Isa Mines Limited

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the need for stringent control over the export and import of hazardous waste. This legislation was introduced to prevent the improper disposal and transboundary movement of hazardous waste, ensuring that such materials are managed in a manner that safeguards environmental and human health. The Act establishes a framework for the regulation of hazardous waste exports and imports, providing mechanisms for the issuance of export permits and the imposition of conditions to mitigate any potential risks associated with the movement of hazardous materials. The policy objective of the Act is to protect Australia's environment and the health of its citizens by ensuring that hazardous waste is managed responsibly both within the country and internationally.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity proposing to export hazardous waste from Australia. This Act is a Commonwealth statute and therefore has national reach across Australia, applying uniformly regardless of state or territory boundaries. The Act regulates the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. It provides a framework for the granting of permits for the export of hazardous waste, as demonstrated in the notice concerning Mount Isa Mines Limited's permit to export high grade lead copper dross. The Act does not explicitly state exclusions or thresholds, but the permit conditions may impose specific limitations and requirements for the export process. The application and enforcement of the Act can be extended or detailed through subordinate instruments, such as regulations or guidelines issued by the relevant authorities.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Act 1989, as evidenced by the Gazette notice C2012G00323, details the granting of an export permit (section 33). The permit, number AUH123512I, was granted to Mount Isa Mines Limited for the export of up to 6300 metric tonnes of high grade lead copper dross. This hazardous waste will be transported directly from the George Fisher Mine to the port of Townsville and then onward to Antwerp, Belgium, via various ports and by means of skip bins and sealed holds on a seagoing vessel. The waste will be transported by road and rail within Australia and by ship internationally. The journey will involve transiting through Cape Town, Las Palmas, Rotterdam, Aviles, and Nordenham before reaching Antwerp. This permit is valid from the date of issue until 31 October 2013, and the waste will be disposed of at the Umicore facility in Belgium through metal recycling operations. The Act imposes specific obligations on the permit holder, Mount Isa Mines Limited, to adhere to the outlined transport and disposal methods. This includes ensuring that the hazardous waste is transported securely and without intermediate packaging, except during the final leg from Antwerp to the Umicore facility. The permit also mandates that the waste is only to be exported in a single shipment and must be disposed of in accordance with the recovery operations R4, which involve the recycling or reclamation of metals and metal compounds. Failure to comply with the conditions of the permit may result in legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches of permit conditions can lead to criminal charges. The potential penalties for non-compliance include fines and imprisonment. Specifically, the maximum penalty for a serious breach could be substantial, reflecting the environmental risks associated with the improper handling of hazardous waste. Additionally, the Act allows for civil remedies, which might include injunctions or damages for any harm caused by the breach of permit conditions.