Notice of variation to an application received from Nyrstar Australia Pty Ltd

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide a regulatory framework for the export and import of hazardous waste, ensuring that these activities are conducted in a manner that protects human health and the environment. This legislation was introduced to address the need for stringent control and oversight of hazardous waste movements across borders, given the potential risks associated with such activities. The Act is administered by the Australian Government, specifically through the Environment Protection Branch, which is tasked with ensuring compliance with the regulatory requirements. The policy objective of the Act is to prevent and minimise the transboundary movement of hazardous waste where such movement is likely to cause damage to human health or the environment, and to ensure that such movements are carried out in a manner that is environmentally sound. On 7 November 2012, pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice was given of a variation to an application submitted by Nyrstar Australia Pty Ltd. The original application, published on 24 October 2012, proposed the export of up to 1000 tonnes of silver-rich sand to Umicore Precious Metals Refining in Belgium for recycling and reclamation of metals and metal compounds. The varied application now proposes the export of 2000 tonnes of waste in two shipments over a period of twelve months, subject to the granting of a permit. This notification process is integral to the Act’s objective of maintaining oversight and ensuring that any transboundary movement of hazardous waste is conducted in compliance with the established regulatory standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste in Australia, ensuring that such activities are managed in an environmentally sound manner. This legislation applies to entities or individuals who intend to export or import hazardous waste, and it encompasses the transboundary movement of waste materials as outlined in the Basel Convention. The Act's jurisdiction extends across the Commonwealth of Australia, and it applies to both domestic and international transactions involving hazardous waste. Notably, the Act does not specify exclusions or exemptions but does provide for the issuance of permits which may impose conditions on the export or import of hazardous waste. The Act's application can be extended or restricted through subordinate instruments, such as regulations or guidelines, which may detail specific requirements for different types of hazardous waste or variations to existing permits. The notice of variation provided by Nyrstar Australia Pty Ltd, for example, illustrates the Act's practical application in modifying an existing permit for the export of silver-rich sand to Belgium, subject to the approval of the relevant authorities.

Key Provisions

Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the submission of a variation to an existing application for the export of hazardous waste. In this case, Nyrstar Australia Pty Ltd has submitted a variation to a previously published application (No GN 42) concerning the export of up to 2000 tonnes of silver-rich sand to Umicore Precious Metals Refining in Belgium. The variation proposes that the transboundary movement of the waste would occur in two shipments over a period of twelve months, starting from the date of the permit, if granted. The obligations under this Act for parties such as Nyrstar Australia Pty Ltd include ensuring that the hazardous waste is managed in a manner that does not pose a risk to human health or the environment. This involves providing detailed information about the waste, the proposed methods of transport, and the facilities at the destination where the waste will be processed. The application must be made in accordance with the prescribed forms and fees, and it must include all relevant documentation that supports the safety and environmental soundness of the proposed transboundary movement. Failure to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. Those who breach the Act may face criminal charges, with potential penalties including fines and imprisonment. For instance, under section 42, any person who contravenes a direction given under the Act may be fined up to $1.2 million for a corporation and up to $240,000 for an individual, or both. Additionally, under section 43, any person who exports hazardous waste in contravention of the Act is liable to a fine of up to $6 million for a corporation and up to $1.2 million for an individual, or both. These severe penalties underscore the importance of strict adherence to the Act's provisions. In summary, the Act mandates that variations to applications for the export of hazardous waste must be submitted in accordance with the specified sections, ensuring that all relevant information is provided and that the movement of hazardous materials is managed to protect human health and the environment. Non-compliance with the Act’s requirements can lead to substantial fines and potential imprisonment, highlighting the critical need for parties to fully adhere to the legislative framework.