Notice of decision to vary a special import permit granted to Boliden Kokkola Oy - waste zinc leaching - AUH16-027

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the transboundary movement of hazardous wastes and to ensure that such wastes are managed in a manner that protects human health and the environment. This Act was introduced to address the problem of uncontrolled and potentially harmful movements of hazardous wastes across international borders, which can pose significant risks to both human health and the environment. The policy objective of the Act is to implement Australia's obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The Act provides for the regulation of the export and import of hazardous wastes, including the issuance of permits for such movements, to ensure that they are managed in an environmentally sound manner. The Act also provides for the establishment of conditions on permits to further protect human health and the environment.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the import and export of hazardous waste, including the conditions under which such activities can occur. This Act applies to individuals and entities involved in the transboundary movement of hazardous waste, ensuring compliance with regulations designed to protect human health and the environment. The Act provides a framework for the issuance of import and export permits, which are subject to specific conditions regarding the type of waste, the quantity, the method of transport, and the facilities involved in handling the waste. The geographic scope of this legislation is national, as it pertains to the entire Commonwealth of Australia, and extends to cover all transboundary movements of hazardous waste entering or leaving the country. The Act does not explicitly detail exclusions, but the specific conditions outlined in each permit, such as the type of waste and the facilities involved, likely exclude other waste types or operations not covered by the permit. The Act may also be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide further detail on the implementation and enforcement of the Act.

Key Provisions

The main operative sections of the legislation are sections 33 and 34 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which pertain to the granting of special import permits and the conditions associated with such permits. Section 33 (1) specifies the grant of a permit, while section 33 (3) outlines the details and conditions of the permit. Section 34 (1) mandates compliance with the permit's conditions, and section 34 (2) provides for the review of the decision by the Administrative Appeals Tribunal. The Act imposes several obligations on the parties it governs. Boliden Kokkola Oy, the permit holder, must ensure that the waste is contained in drums or bulk bags during the entire import process, strictly adhere to the maximum quantity limit of three tonnes, and follow the specified transport route. The permit also mandates the completion of all transboundary movements by the expiry date. Additionally, a financial guarantee of at least AUD $16,000 must be maintained from the date of the permit or until six months after its expiry. The waste must undergo a recovery operation at the Outotec facility in Dandenong South, Vic, and the fume and slag outputs from this operation must be transported to Nyrstar Port Pirie in Port Pirie, SA, where they will undergo further processing and disposal. Breaches of the conditions specified in the permit may lead to civil and criminal consequences. Section 37 of the Act provides for civil penalties, including fines, for non-compliance. The maximum penalty for contravening the conditions of the permit is AUD $5.5 million for a corporation and AUD $1.1 million for an individual, as outlined in section 38. Criminal penalties may also apply, depending on the severity of the breach. In cases of serious non-compliance, individuals or corporations may face imprisonment, with the specific penalties determined by the relevant court. It is crucial for all parties involved to comply with the permit conditions to avoid these legal repercussions.