NOTICE OF APPLICATION 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 an application has been received from Toxfree (Australia) Pty Ltd (Toxfree) 42 Heather Street, Heatherbrae NSW 2324. The application relates to the importation of up to 50 000 litres of waste containing isocyanates (Basel Code A4050) from Total Waste Management Limited, PO Box 473, Waigani 131, National Capital District, Papua New Guinea.
The waste would be shipped from Port Moresby direct to Newcastle or Sydney, NSW, then transported to Toxfree’s facility at 42 Heather Street, Heatherbrae NSW 2324, for consolidation. The waste would then be transferred to the facility of Transpacific Technical Services Pty Ltd, 20 George Street, Wingfield SA 5013, to undergo chemical treatment resulting in a solid residue for disposal in landfill at the facility of Waste Management Pacific (SA) Pty Ltd, Primes Road, Inkerman SA 5500.
The waste would undergo the following recovery operations: R13 – Accumulation of material, D9 – Physico-chemical treatment and D1 – Deposit into or onto land (eg landfill).
The import would take place in up to six (6) shipments over a period of up to twelve months, as specified in the permit, if granted.
Written comments on the permit application may be lodged with the Department within 28 days of publication in the Commonwealth of Australia Gazette. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or forwarded by e-mail 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.
Andrew McNee
Assistant Secretary
Environment Protection Branch
25 July 2014
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control over the export and import of hazardous waste in Australia, aiming to protect the environment and human health from potential harm. The Act was introduced by the Parliament of Australia and its overarching policy objective is to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment. The Act provides a framework for regulating the movement of hazardous waste across Australia's borders, including the requirement for permits for such activities. The notice of application received under this Act highlights the ongoing commitment to transparency and public consultation, allowing stakeholders to provide feedback on specific import proposals and ensuring that potential environmental impacts are thoroughly assessed.
Scope and Application
The notice pertains to the application for a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This legislation applies to entities and individuals involved in the export or import of hazardous waste within Australia, ensuring that these activities are conducted in a manner that safeguards public health and the environment. The application in question is from Toxfree (Australia) Pty Ltd, a company proposing to import up to 50,000 litres of isocyanate-containing waste from Papua New Guinea. The geographic reach of the Act extends across the Commonwealth, regulating the import and export of hazardous waste at a national level. The Act does not specify exclusions or exemptions in the notice, but it is known that subordinate instruments can further extend or restrict the application of the Act. The import process described includes multiple stages of treatment and disposal, subject to the approval of the relevant authorities. The notice invites public comments on the proposed import, highlighting the transparency and community involvement in hazardous waste management practices mandated by the Act.
Key Provisions
The main operative sections of the notice relate to the application process and requirements under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This Act mandates that a notice must be published when an application for the importation of hazardous waste has been received, as is the case with Toxfree (Australia) Pty Ltd's application to import up to 50,000 litres of waste containing isocyanates from Papua New Guinea (Section 33). The notice specifies the details of the proposed importation, including the type of waste, the parties involved, and the intended treatment and disposal processes. The application includes the shipment of waste from Port Moresby to Newcastle or Sydney, followed by transportation to Toxfree’s facility in Heatherbrae NSW for consolidation, and subsequent chemical treatment at Transpacific Technical Services Pty Ltd in Wingfield SA before disposal in landfill at Waste Management Pacific (SA) Pty Ltd in Inkerman SA.
The obligations imposed by the Act on the parties include ensuring that the importation and subsequent treatment and disposal of the hazardous waste comply with all relevant provisions of the Act. Toxfree must provide detailed information about the waste, the proposed treatment processes, and the disposal method, as well as a timeline for the import and treatment activities. They must also ensure that all necessary permits are obtained before commencing the importation. Additionally, Toxfree is required to inform the Department of the Environment about the receipt of the notice and provide any requested information to facilitate the review process.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant legal consequences. If an entity is found to be in breach of the Act, they may face civil or criminal penalties. Civil penalties can include fines, with the maximum penalty varying depending on the nature and severity of the breach. Criminal penalties may also apply, especially in cases of serious non-compliance, with penalties including imprisonment. The exact penalties are determined by the courts and can be severe, reflecting the importance of adhering to hazardous waste regulations to protect public health and the environment.