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), 1st Floor, 17 Gipps Street, Carrington, NSW 2294, has submitted a variation to an application. The application relates to the import of up to 240 tonnes of used lead acid batteries (Basel Code A1160) from Total Waste Management Limited, Walter Bay Industrial Center, Scratcheley Road, Badili, National Capital District, Papua New Guinea.
The application was first published in the Commonwealth of Australia Gazette on 19 November 2013.
The application, as varied, proposes that the transboundary movement of the waste would be undertaken in multiple shipments from Port Moresby in Papua New Guinea to Newcastle, NSW, during the period of the permit, if granted. The waste would be transported from Newcastle to the facility owned by Toxfree Solutions Ltd at 42 Heather Street, Heatherbrae, NSW 2324, for operation R13 – Accumulation.
From there, the used lead acid batteries would be transferred to the facility of Australian Refined Alloys, 202-212 Euston Road, Alexandria, NSW 2015, to undergo disposal operation R4 – Recycling/reclamation of metals and metal compounds.
Dane Roberts
Delegate to the Minister
Acting Assistant Secretary
Environment Protection Branch
13 February 2014
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for strict regulation over the export and import of hazardous waste, including ensuring environmentally sound management. This legislation was introduced by the Australian Parliament to mitigate the potential risks associated with the transboundary movement of hazardous materials. The Act aims to protect the environment and public health by ensuring that hazardous waste is managed in a way that minimises risks. The policy objective is to prevent the uncontrolled movement of hazardous waste, particularly ensuring that it does not end up in locations where it could cause significant harm. The 1989 Act provides a framework for controlling the export and import of hazardous waste, requiring applications and permits to be submitted for specific types of waste, as seen in the notice of variation submitted by Hazmat Services Pty Ltd for the import of used lead acid batteries from Papua New Guinea to Australia.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the transboundary movement of hazardous waste, including the import and export of such waste. The Act covers specific entities such as Hazmat Services Pty Ltd and their associates, as well as facilities that handle hazardous waste, such as Toxfree Solutions Ltd and Australian Refined Alloys. The geographic reach of the Act is national, with its provisions applicable throughout the Commonwealth of Australia, extending to transboundary movements that involve Australian entities and foreign entities. The Act provides a framework for regulating the import and export of hazardous waste, ensuring that it is managed in an environmentally sound manner. While the Act generally applies to all hazardous waste, it does not specify any exclusions or exemptions within the notice of variation. The Act may be further detailed or modified by subordinate instruments, which could provide additional criteria or conditions for the import and export of hazardous waste. The notice of variation provided by Hazmat Services Pty Ltd outlines a specific case involving the import of used lead acid batteries from Papua New Guinea, demonstrating the practical application of the Act in regulating the transboundary movement of hazardous materials.
Key Provisions
The notice under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs of a variation to an application submitted by Hazmat Services Pty Ltd. This application, originally published on 19 November 2013, pertains to the import of up to 240 tonnes of used lead acid batteries from Total Waste Management Limited in Papua New Guinea. The variation proposes that these shipments would be transported from Port Moresby to Newcastle, NSW, and subsequently to the Toxfree Solutions Ltd facility for accumulation operation R13. The batteries will then be moved to Australian Refined Alloys for disposal operation R4, which involves the recycling or reclamation of metals and metal compounds.
The Act imposes several obligations and requirements on Hazmat Services Pty Ltd and other parties involved in this transboundary movement of hazardous waste. These include ensuring that all waste is managed in compliance with the provisions of the Act, obtaining necessary permits, and adhering to any conditions imposed by the Minister for the Environment. They must also ensure that the waste is transported in a manner that minimises the risk of harm to human health and the environment. Additionally, they must notify the relevant authorities of any changes to the proposed operations or movements.
Breaches of the Act can lead to significant consequences. For example, if a party fails to comply with the requirements for the transboundary movement of hazardous waste, they may face civil penalties, including fines of up to $330,000 for a corporation and $66,000 for an individual. In more severe cases, criminal penalties may apply, including fines of up to $5.5 million for a corporation and $1.1 million for an individual, along with potential imprisonment. The Act also provides for the Minister to issue directions to ensure compliance, which may include the imposition of additional conditions or even the revocation of permits.