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 to address the need for regulating the export and import of hazardous waste, ensuring that such activities are managed in a way that minimises risk to human health and the environment. This legislation aims to implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The Act was enacted by the Parliament of Australia, reflecting a policy objective to align Australia's hazardous waste management practices with international standards and to provide robust controls over the export and import of hazardous materials. The 1989 Act has been instrumental in establishing a regulatory framework that requires exporters and importers to obtain permits, thereby ensuring that hazardous waste is handled responsibly and in compliance with stringent environmental and health standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous wastes and other wastes listed in Schedules 1 and 2 of the Act, governing the movement of these materials across international borders. This legislation mandates that an application must be submitted for approval before any such waste can be exported or imported, ensuring that the movement is conducted in a manner that protects human health and the environment. The Act applies to individuals, companies, and other entities involved in the export or import of hazardous wastes, with specific obligations and requirements set out for these entities. The geographic scope of the Act extends to the Commonwealth of Australia, and its provisions are enforced by the Department of the Environment. The application of the Act is not limited by geographic boundaries, as it pertains to the regulation of international movement of hazardous wastes. The Act provides certain exclusions and exemptions, particularly for wastes that are subject to other regulatory schemes, such as those covered under the Basel Convention. The application and enforcement of the Act may be further detailed and extended through subordinate instruments, such as the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996, which provide specific criteria and procedures for the assessment and approval of applications related to the export and import of hazardous wastes.

Key Provisions

The key provisions of the notice of variation involve changes to an existing application received under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of this Act allows for the variation of applications related to the export and import of hazardous waste. In this case, application AUS15-033, originally submitted by Mount Isa Mines Limited, has been altered to include South Africa as a transit country, in line with regulation 10 of the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996. This variation was made on 20 October 2015, and all other details of the application remain unchanged. The application pertains to 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 obligations imposed by the Act on parties involved in the export of hazardous waste include ensuring that all applications are thoroughly documented and that any variations to these applications are communicated promptly and accurately. The notice of variation must be published in the Gazette, and any written comments on the permit application must be submitted to the Department of the Environment within 28 days of the publication. It is crucial for respondents to be aware that their comments will be shared with the applicant, and they should avoid including any commercial-in-confidence information in their submissions. Breaching the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal consequences. Under the Act, unauthorised exports or imports of hazardous waste can lead to significant penalties. For example, individuals or entities found guilty of exporting hazardous waste without the necessary permits can face fines of up to $1.1 million for corporations and $220,000 for individuals, as per section 39 of the Act. Additionally, imprisonment terms can apply, with individuals potentially facing up to five years in prison. These stringent measures are in place to enforce compliance and protect the environment from the harmful effects of hazardous waste.