Notice of Variation to Application received from Boyne Smelters Limited to export spent pot liner to Spain

Overview

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to provide a regulatory framework governing the export and import of hazardous waste, ensuring that these activities are conducted in an environmentally responsible manner and in accordance with international obligations. The Act addresses the problem of improper management and transboundary movement of hazardous waste, which can pose significant risks to human health and the environment. It aims to ensure that hazardous waste is managed in a way that minimises potential harm. The policy objective of the Act is to effectively regulate the export and import of hazardous waste to protect human health and the environment, both domestically and internationally. This notification relates to an application by Boyne Smelters Limited to vary an existing permit under this Act. The application seeks to amend the permit to change the transit country from Singapore to Malaysia for the export of up to 6000 tonnes of Spent Pot Lining for recycling operations in Spain. This change does not alter the fundamental parameters of the permit but rather adjusts logistical aspects of the waste transportation process. The Department of the Environment and Energy, through its Chemicals and Waste Branch, is responsible for overseeing the application and ensuring compliance with the Act's requirements.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste within Australia, regulating such activities to protect human health and the environment. This Act is applicable to entities such as Boyne Smelters Limited, which in this case has applied for a permit variation under the Act. The permit in question pertains to the export of up to 6000 tonnes of Spent Pot Lining to a facility in Spain, with specific conditions governing the transit countries involved. The jurisdictional reach of the Act is national, extending to the regulation of international movements of hazardous waste. The application of this Act is not restricted by state or territory boundaries within Australia, nor by the particular industries involved, as long as they deal with hazardous waste. The application of the Act may be extended or restricted by subordinate instruments, which can provide further detailed regulations regarding the classification, handling, and transportation of hazardous waste. The notice given in the Gazette indicates the application of Boyne Smelters Limited to modify their permit by changing the transit country from Singapore to Malaysia, reflecting the Act’s role in overseeing and adjusting the logistics of hazardous waste exports.

Key Provisions

Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act), an application has been received from Boyne Smelters Limited (ACN 010 061 935) to vary permit AUS15-019. The notice, published on 6 September 2016 in the Commonwealth of Australia Gazette, specifies that the permit relates to the export of up to 6000 tonnes of Spent Pot Lining (Basel code A4050) for recycling/reclamation of other inorganic materials at the Befesa Escorias Salinas facility in Spain. The key change proposed is the removal of Singapore as a transit country, to be replaced by Malaysia, with no other changes to the permit. The delegate of the Minister, A/g Assistant Secretary of the Chemicals and Waste Branch of the Department of the Environment and Energy, issued this notice on 24 January 2017. The Act imposes several obligations on parties seeking to vary a hazardous waste permit. Firstly, applicants must provide detailed information about the proposed changes, including the nature of the waste, the intended recovery operations, and the countries involved in the transit and final destination. This information is crucial for the delegate to assess the potential environmental and public health risks associated with the export. Additionally, the applicant must ensure that all proposed changes comply with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which Australia ratified. This convention aims to minimise the movement of hazardous waste between nations, particularly from developed to less developed countries, where the potential for improper disposal is higher. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 also mandates that the delegate review the application thoroughly. This review process involves assessing the environmental impact, ensuring that the recovery operation will be conducted responsibly, and verifying that the transit and destination countries have the appropriate facilities and regulations to handle the hazardous waste. If the delegate is satisfied that the proposed changes do not increase the risk of harm to human health or the environment, they may approve the permit variation. Conversely, if the application does not meet the requirements of the Act or poses significant risks, the delegate may refuse to vary the permit. Failure to comply with the provisions of the Act can result in significant penalties. Under Section 46 of the Act, any person who contravenes a provision of the Act can be subject to a civil penalty. The maximum penalty for an individual is $330,000 or, in the case of a corporation, $1.65 million. Additionally, the Act provides for criminal penalties under Section 47, where an individual can be fined up to $66,000 or imprisoned for up to two years, or both, for a serious breach. For a corporation, the maximum fine is $3.3 million. These penalties reflect the serious nature of hazardous waste management and the need to enforce compliance to protect public health and the environment.