NOTICE OF VARIATION TO 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 Hazmat Services Pty Ltd (Hazmat), 42 Heather Street, Heatherbrae NSW 2324, has submitted a variation to an application that was notified in the Commonwealth of Australia Gazette on 9 July 2013. The application relates to the import of up to
50 000 litres of waste resins from Total Waste Management Limited, Allotment 32, Section 140, Walter Bay Industrial Center, Scratcheley Road, Badili, National Capital District, Papua New Guinea.
The application, as varied, proposes that the transboundary movement of the waste would be undertaken in up to ten (10) shipments from Port Moresby in Papua New Guinea to the port of Newcastle, NSW, during the period of the permit, if granted. The waste would be transported from Newcastle to the Hazmat facility at Heatherbrae for operation R13 – Accumulation of material, and then transported to the facility of Geocycle SPF Pty Ltd, 1/92-94 Ordish Road, Dandenong South, Victoria 3175, for operation R1 – Use as a fuel (other than in direct incineration) or other means to generate energy.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Environment Protection Branch
15 November 2013
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issue of the improper export and import of hazardous waste, which can pose significant risks to both the environment and public health. This legislation was introduced to provide a regulatory framework that ensures hazardous waste is managed in a manner that protects human health and the environment, aligning with international obligations under the Basel Convention. The Act is administered by the Parliament of Australia, with the policy objective of preventing the transboundary movement of hazardous wastes and their disposal in a manner that may lead to detrimental effects on human health or the environment. This piece of legislation is crucial in maintaining stringent controls on the export and import of hazardous materials, ensuring that such activities are conducted responsibly and in compliance with national and international standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the transboundary movement of hazardous waste between Australia and other countries, ensuring that such activities are conducted in a manner that protects human health and the environment. This Act applies to any person or entity that intends to export or import hazardous waste, thereby encompassing a broad range of industries involved in waste management and transportation. The geographic reach of the Act is national, extending to all states and territories within Australia as well as international borders where Australian interests are involved. In this instance, the Act applies to Hazmat Services Pty Ltd and Total Waste Management Limited, with the transboundary movement of waste resins from Papua New Guinea to Australia being the specific conduct regulated. The Act does not specify any exclusions, exemptions, or thresholds in the notice provided, though such details may be found in subordinate instruments or specific permits granted under the Act. The application for variation to the original permit demonstrates the Act’s regulatory flexibility, allowing for modifications to be made to the approved conditions of transboundary waste movement.
Key Provisions
The key provision in this notice is Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which mandates the notification of any variation to an application that has been previously notified. The notice indicates that Hazmat Services Pty Ltd has submitted such a variation concerning the import of up to 50,000 litres of waste resins from Papua New Guinea to Australia. This variation specifies the details of the proposed shipments and the intended operations for the waste once it reaches Australian territory. According to the notice, the waste will be transported to Newcastle, then to Hazmat's facility in Heatherbrae for accumulation, and finally to Geocycle SPF Pty Ltd’s facility in Dandenong South for use as a fuel to generate energy.
Under the Act, Hazmat Services Pty Ltd must ensure that all variations to the application are communicated to the relevant authorities in a timely manner. This involves providing detailed information about the proposed changes, including the quantities, sources, and intended processes for the hazardous waste. The obligation extends to ensuring that the waste is transported and managed in compliance with all relevant regulations and permits. The notice also implies that the operations at both Hazmat's and Geocycle SPF Pty Ltd’s facilities must adhere to the standards set out by the Act and any other applicable legislation.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. Breaches of the Act may lead to both civil and criminal penalties. Under the Act, individuals or entities that fail to comply with the requirements for the notification of variations to hazardous waste applications could face fines and other enforcement actions. The specific penalties are not detailed in the notice, but typically, breaches of environmental legislation can result in substantial financial penalties, with the exact amount depending on the severity and frequency of the breach. In severe cases, criminal charges may be pursued, leading to imprisonment for those found guilty of serious violations.