NOTICE OF VARIATION TO AN 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 application AUH15-063 from Valen Pty Ltd (ACN 007 267 441), Level 1, 48 High Street, Northcote, Victoria, 3070, Telephone: + 61 3 357 8918, has been varied to replace BOC Ltd (NZ) as the exporter, with Valen Pty Ltd. The time period in which the proposed shipments would take place has also been varied and is now from 1 February 2016 to 1 February 2017. All other particulars of the original application are identical, i.e, the application relates to the import of up to 600 tonnes of plugged steel, dissolved acetylene gas cylinders (porous mass within cylinder may contain asbestos) (Basel Code A2050) from New Zealand, for recovery operation R4 – Recycling/reclamation of metals and metal compounds and D1 – Deposit into or onto land, (e.g, landfill, etc.) at the facilities of Valen Pty Ltd.
The waste would be transported by sea from New Zealand to Port of Melbourne, Australia.
Written comments on the permit application may be lodged with the Department within 28 days of Gazette publication addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or by e-mail at hwa@environment.gov.au. Respondents should be aware that comments will be shared with the Applicant and should not contain commercial-in-confidence information.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
3 December 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls over the export and import of hazardous waste, ensuring that such activities do not pose risks to human health and the environment. This legislation was introduced to provide a comprehensive regulatory framework for the management of hazardous waste, aiming to prevent illegal traffic in hazardous waste and ensure that such waste is managed in an environmentally sound manner. The Act was enacted by the Australian Parliament, reflecting the national policy objective of protecting public health and the environment from the adverse effects of hazardous waste movement. This specific notice of variation under the Act, issued in accordance with Section 33, concerns an application by Valen Pty Ltd for the import of hazardous waste from New Zealand, indicating adjustments to the exporter details and the timeframe for the shipments, while maintaining the original intent and conditions of the waste management operation.
Scope and Application
The notice pertains to a variation of an application under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, affecting Valen Pty Ltd, an Australian corporation, and BOC Ltd (NZ). This Act applies to entities and persons involved in the export and import of hazardous waste and governs the conditions under which such waste may be transferred across borders. The application in question relates to the importation of up to 600 tonnes of hazardous waste, specifically plugged steel and dissolved acetylene gas cylinders potentially containing asbestos, from New Zealand to Australia for specified recycling and landfill operations. The application's geographic reach extends nationally, as it is subject to the Commonwealth's regulatory framework, and involves international trade regulated by Australian federal law. Any comments on the application must be lodged within 28 days of the notice's publication, ensuring transparency and public participation in the regulatory process. The Act allows for further elaboration and specification of its provisions through subordinate legislation, thereby extending or restricting its application as necessary.
Key Provisions
The Notice of Variation to an Application under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as specified in section 33, informs stakeholders that there has been a modification to the application AUH15-063. The original applicant, BOC Ltd (NZ), has been replaced by Valen Pty Ltd, which is now identified as the exporter (Section 33). The new timeframe for the proposed shipments has also been altered, now extending from 1 February 2016 to 1 February 2017. This variation maintains all other aspects of the original application, including the type and quantity of waste to be imported and the intended recovery operations.
The obligations and requirements imposed by the Act on Valen Pty Ltd include ensuring that the import and processing of the hazardous waste adhere to all specified conditions. They must manage the waste in accordance with the approved recovery operations, which in this case are recycling/reclamation of metals and metal compounds and deposit into or onto land. The waste, which includes plugged steel and dissolved acetylene gas cylinders potentially containing asbestos, must be transported via sea from New Zealand to the Port of Melbourne, Australia. Valen Pty Ltd is also required to maintain proper documentation and follow all regulatory guidelines to facilitate a smooth and compliant operation.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in significant consequences. The Act provides for both civil and criminal penalties for breaches. Under the Act, individuals or entities found to be in breach of its provisions may face substantial fines, with the maximum penalty varying depending on the nature and severity of the offence. Additionally, persistent or egregious violations could result in imprisonment. It is imperative for Valen Pty Ltd to adhere strictly to the terms and conditions set out in the permit application to avoid these severe repercussions.