Notice of variation to an application (AUS15-033) from Mount Isa Mines Limited to export lead copper dross to Belgium

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to regulate the export and import of hazardous waste. This Act was introduced to address the need for stringent controls on the movement of hazardous materials, particularly in light of environmental concerns and the risks associated with improper handling and disposal of such waste. The Act aims to protect Australia's environment and public health by ensuring that hazardous waste is managed in a way that minimises risks. The policy objective of the Act is to provide a framework that aligns with international standards, such as the Basel Convention, to control the transboundary movement of hazardous waste and promote its environmentally sound management. This notice of variation to an application under this Act highlights the ongoing regulatory oversight and the adaptability of the legislative framework to respond to changes in circumstances, such as the substitution of transit countries in the logistics of hazardous waste transportation.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste in Australia, ensuring that such activities are conducted in a manner that protects the environment and public health. The Act covers a broad range of hazardous waste, including its transportation and storage, and applies to both individuals and corporate entities. The legislation is administered at the Commonwealth level, with oversight provided by the Department of the Environment. The Act includes provisions for the granting of permits for the export or import of hazardous waste, and requires the public to be notified of applications, allowing for public scrutiny and comment. Notably, the Act does not cover the export or import of radioactive substances, which are regulated under separate legislation. Subordinate regulations, such as the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996, provide further detail on the application process and specific waste categories, thereby extending the application of the Act to cover detailed procedural and operational requirements.

Key Provisions

The notice of variation to an application under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs that the original application AUS15-033 from Mount Isa Mines Limited has been modified. The variation, which took place on 22 September 2015 in accordance with regulation 10 of the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996, entails changing the transit countries from China and Morocco to Singapore and the Philippines. All other details of the initial application remain unchanged. This particular application concerns the export of up to 20,000 tonnes of lead copper dross (Basel Code A1020) to Belgium for recycling operations at Umicore Precious Metal Refining. The Act imposes several obligations on the parties involved. The applicant, Mount Isa Mines Limited, must ensure that all information provided in the application is accurate and complete. This includes details about the type and quantity of hazardous waste, the intended transit countries, and the recovery operations to be conducted. The applicant is also required to notify the Department of the Environment of any changes to the application, as demonstrated by the variation notice. Additionally, the applicant must facilitate the public comment period, ensuring that written comments can be submitted and that these comments are shared with the applicant without disclosing any commercial-in-confidence information. Failure to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant legal consequences. Section 107 of the Act stipulates that a person who contravenes any provision of the Act is liable to a penalty. The maximum penalty for an individual is $22,200 or six months imprisonment, or both. For a body corporate, the maximum penalty escalates to $222,000. These penalties underscore the importance of adhering to the regulatory framework and ensuring that all export and transit activities are conducted in compliance with the Act. Non-compliance not only risks financial penalties but may also lead to the suspension or revocation of the export permit, thereby hindering the intended operations.