Notice of Decision to grant an export permit to Mobil Refining Australia Pty Ltd

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper export and import of hazardous waste, ensuring that such activities do not pose a risk to human health or the environment. The Act was introduced by the Parliament of Australia with the policy objective of controlling the movement of hazardous waste across borders to protect environmental and public health. The legislation provides a framework for the regulation of hazardous waste exports and imports, including the issuance of export permits subject to specific conditions. This particular notice pertains to the grant of an export permit to Mobil Refining Australia Pty Ltd for the export of a specified quantity of spent catalyst to a designated facility in the Republic of Korea, under strict conditions and timelines to ensure compliance with both Australian and international hazardous waste management standards.

Scope and Application

The notice of decision pertains to the grant of an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically for Mobil Refining Australia Pty Ltd, a company based in Victoria. This legislation applies to any entity involved in the export or import of hazardous waste, ensuring that such activities are conducted under strict regulatory oversight to safeguard environmental and public health. The Act applies across the Commonwealth of Australia, and the permit granted is applicable to the transboundary movement of hazardous waste, in this case, spent catalyst, which must be exported in compliance with the outlined conditions. The permit specifies the type and maximum quantity of hazardous waste to be exported, the transportation method, and the destination for disposal. The permit also includes conditions related to the packaging and transport of the hazardous waste, ensuring adherence to international standards. The geographic reach of this legislation is national, extending to all entities and industries involved in the export of hazardous waste, subject to the overarching federal regulations.

Key Provisions

The key provisions of the notice provided under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) concern the grant of an export permit to Mobil Refining Australia Pty Ltd. Specifically, permit number AUH137945B (paragraph 1) authorises Mobil to export up to 50 tonnes of spent catalyst, a hazardous waste, from its Altona Refinery to GS Ecometal Co. Ltd in the Republic of Korea. The export must comply with stringent packaging and transportation regulations, as outlined in the United Nations Committee of Experts on the Transport of Dangerous Goods 'Recommendations on the Transport of Dangerous Goods' (paragraph 2(c)). The transportation method involves road transport from the Altona Refinery to Melbourne port, followed by maritime transport to Busan, and then road transport to the GS Ecometal facility in Ulsan (paragraph 2(d)). The permit is valid until 30 April 2014, by which date the transboundary movement must be completed (paragraph 2(e)). The spent catalyst is to be disposed of at the GS Ecometal facility through a recovery operation, specifically the recovery of components from catalysts (paragraph 2(f)). The Act imposes several obligations on Mobil Refining Australia Pty Ltd as the permit holder. Mobil must ensure that the hazardous waste is packed and transported in accordance with the applicable regulations (paragraph 2(c)). It must also adhere to the specified method and timeline for transportation and disposal of the hazardous waste (paragraphs 2(d) and 2(e)). Any deviation from these conditions without prior approval from the relevant authorities could result in non-compliance with the Act. The Act outlines specific consequences for breaches of its provisions. While the notice does not detail specific offences or penalties, the Hazardous Waste (Regulation of Exports and Imports) Act 1989 generally provides for civil and criminal penalties for non-compliance. Offences can include exporting hazardous waste without a permit, failing to comply with permit conditions, or transporting hazardous waste in a manner that does not meet regulatory standards. Penalties for such breaches can be substantial, including fines and imprisonment, depending on the severity and circumstances of the breach. The maximum penalties for offences under the Act can vary, but they are intended to enforce strict compliance with hazardous waste export regulations to protect public health and the environment.