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 on 4 March 2015, a revised application from NQ Resource Recovery Pty Ltd, 77-97 Enterprise Street, Bohle Queensland 4818 was received.
The application relates to the importation of up to 250,000 litres of waste oil (Y8 – waste mineral oils unfit for their originally intended use) from Puma Energy PNG Refining Limited, Port Moresby, Papua New Guinea.
The proposal is to ship the waste oil directly from Port Moresby to Townsville, QLD and then transport it by road to the NQ Resource Recovery Pty Ltd facility Bohle, QLD. The waste would undergo recovery operation R9 – Used oil re-refining or other reuses of previously used oil.
The import would take place in up to four (4) 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.
Declan O’Connor-Cox
Delegate to the Minister
Acting Assistant Secretary
Waste Policy Branch
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of regulating the export and import of hazardous waste in Australia. The Act was introduced by the Australian Parliament to provide a legislative framework that ensures the proper management and control of hazardous waste, thereby protecting the environment and public health. The policy objective of this legislation is to prevent the improper disposal and transboundary movement of hazardous waste, which could potentially harm the environment and human health. Recently, a notice was issued under this Act regarding an application received from NQ Resource Recovery Pty Ltd for the importation of up to 250,000 litres of waste oil from Papua New Guinea. The proposed shipment and recovery operations are subject to the approval of the Department of the Environment, and public comments on the application are invited within a specified period.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste, including the waste oil in question. This Act governs entities involved in the transportation, treatment, or disposal of hazardous waste, ensuring compliance with stringent environmental standards. It specifically targets operations such as the importation and re-refining of waste mineral oils unfit for their originally intended use, such as the application by NQ Resource Recovery Pty Ltd for the importation of waste oil from Papua New Guinea. The Act applies on a national level within Australia, ensuring that all hazardous waste imports and exports are managed under a unified regulatory framework. The jurisdictional reach of this Act encompasses both Commonwealth and state territories, thereby imposing uniform regulations across different states and territories. Exclusions and exemptions within the Act are minimal, focusing primarily on the thorough regulation and oversight of hazardous waste transactions. The application process can be extended or restricted through subordinate instruments, such as permits and licences, which detail specific conditions and limitations for waste handling and disposal activities.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires the notification of applications for the importation of hazardous waste. According to the gazetted notice, NQ Resource Recovery Pty Ltd has submitted an application for the importation of up to 250,000 litres of waste oil from Puma Energy PNG Refining Limited. This application involves shipping the waste oil directly from Port Moresby to Townsville, and then transporting it by road to the company’s facility in Bohle, Queensland. The waste oil, classified as Y8 – waste mineral oils unfit for their originally intended use, is proposed to undergo recovery operation R9, which is used oil re-refining or other reuses of previously used oil. The import is planned to occur in up to four shipments over a period not exceeding twelve months, subject to the permit being granted.
The Act imposes several obligations on NQ Resource Recovery Pty Ltd and other parties involved in the importation of hazardous waste. Firstly, the applicant must provide detailed information about the nature and quantity of the waste, the method of transport, and the intended recovery operation. The company must also ensure that all operations comply with environmental standards and regulations to prevent harm to human health and the environment. Additionally, NQ Resource Recovery Pty Ltd is required to submit the application for review and approval by the relevant authorities, which in this case includes the Department of the Environment. This process ensures that the importation is conducted safely and responsibly.
Failing to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in serious consequences. The Act stipulates various offences, including the unauthorised export or import of hazardous waste, and failure to adhere to permit conditions. Under Section 72, unauthorised importation of hazardous waste can lead to civil penalties of up to $66,000 per day for a continuing offence, or criminal penalties, including fines of up to $5.5 million and imprisonment for up to 10 years for individuals, and fines of up to $27.5 million for bodies corporate. These penalties underscore the importance of strict adherence to the regulations governing the importation of hazardous materials.