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 10 000 kgs of waste oxidisers from Total Waste Management Limited, 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 six (6) shipments from Port Moresby in Papua New Guinea to the port of Melbourne, Victoria, during the period of the permit, if granted. The waste would be transported from Melbourne to the facility of Toxfree Solutions, 83 Dohertys Road, Laverton North, Victoria for disposal operation D9 – Physico-chemical treatment.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Environment Protection Branch
5 December 2013
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent control over the movement of hazardous waste across Australia's borders. This Act was introduced to ensure that the import and export of hazardous waste are managed in a way that protects human health and the environment from potential risks. The Act is overseen by the Australian Parliament, with the policy objective of maintaining strict regulations on hazardous waste to prevent illegal dumping and ensure environmentally sound management. The notice of variation to an application under this Act, as illustrated in the gazetted document, reflects the ongoing efforts to adapt and refine the regulatory framework to better safeguard against the adverse effects of hazardous waste movements. This particular variation involves Hazmat Services Pty Ltd's proposal to import a specified quantity of waste oxidisers, which must adhere to stringent transboundary movement protocols as stipulated by the Act.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the transboundary movement of hazardous waste within Australia and its territories, ensuring such movements are managed to protect human health and the environment. This Act applies to any person or entity intending to export or import hazardous waste, including companies like Hazmat Services Pty Ltd, which in this instance has submitted a variation to an existing application for the import of waste oxidisers from Papua New Guinea. The geographic reach of this Act is national, as it pertains to movements that cross state or international borders. The application process requires that any proposed transboundary movement of hazardous waste is subject to permit conditions and oversight by the relevant authorities. The legislation does not specify exclusions, but it does allow for the application to be varied, as evidenced by Hazmat Services Pty Ltd's submission regarding the import of waste oxidisers. The Act can be further extended or restricted through subordinate instruments, which might include regulations detailing specific types of hazardous waste or conditions under which transboundary movements are permissible.
Key Provisions
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, Hazmat Services Pty Ltd (Hazmat) has submitted a variation to an existing application that was previously notified in the Commonwealth of Australia Gazette on 9 July 2013. The original application pertains to the importation of up to 10,000 kilograms of waste oxidisers from Total Waste Management Limited, based in Papua New Guinea. The variation now proposes that the transboundary movement of this waste will be executed in up to six shipments, moving from Port Moresby, Papua New Guinea, to the port of Melbourne, Victoria. Once in Melbourne, the waste will be transported to Toxfree Solutions' facility in Laverton North, Victoria, for disposal operation D9, which involves physico-chemical treatment. The variation seeks to alter the logistics of the waste movement as initially outlined in the application.
The Act imposes several obligations on Hazmat and other parties involved in the import and disposal of hazardous waste. Under Section 33, Hazmat is required to notify the Minister of any variations to their initial application. This includes providing detailed information about the changes, such as the number of shipments, the new transportation routes, and the final destination for disposal. Toxfree Solutions must ensure that their facility complies with all relevant environmental and hazardous waste disposal regulations, and must obtain any necessary permits or approvals for the physico-chemical treatment operation. Additionally, both Hazmat and Toxfree Solutions must adhere to the conditions set out in the original permit if it is granted, including any specific handling, storage, and disposal protocols for the hazardous waste.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. Section 67 of the Act outlines that any person who contravenes the Act, or any condition of a permit issued under the Act, is liable to a civil penalty. The maximum penalty for a corporation can be up to $210,000, while individuals may face penalties of up to $42,000. Furthermore, the Act provides for criminal penalties for serious or repeated breaches. Section 69 states that a person found guilty of an offence under the Act can be subject to imprisonment for up to five years, or fines that can reach up to $210,000 for corporations and $42,000 for individuals. These penalties underscore the importance of strict adherence to the legislative requirements for the management and disposal of hazardous waste.