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), Level 1, 18 Gipps Street, Carrington, NSW 2294, has submitted variations to two applications. The applications relate to the import of up to 50 000 litres of waste resins (Basel Code A3050) and up to 25 000 litres of waste organic phosphorous compounds (Basel Code A3130) from Total Waste Management Limited, Walter Bay Industrial Center, Scratcheley Road, Badili, National Capital District, Papua New Guinea.
The applications were first notified in the Commonwealth of Australia Gazette on 9 July 2013 and 25 November 2013, respectively. The application relating to the import of waste resins was subsequently varied, as notified in the Gazette on 18 November 2013.
The applications, as now varied, propose that the transboundary movement of each type of waste would be undertaken in multiple shipments from Port Moresby in Papua New Guinea to Newcastle, NSW, during the period of the permits, if granted. In each case, the waste would be transported from Newcastle to the facility owned by Toxfree Solutions Ltd, 42 Heather Street, Heatherbrae, NSW 2324, for operation R13 - Accumulation of material. Each of the wastes would then be transported to the facility of Geocycle SPF Pty Ltd, located at 1/92-94 Ordish Road, Dandenong South, VIC 3175. At that facility, the wastes are to be used in the manufacture of fuels for cement kilns and undergo disposal operation R1 – Use as a fuel (other than in direct incineration) or other means to generate energy.
Dane Roberts
Delegate to the Minister
Acting Assistant Secretary
Environment Protection Branch
February 2014
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of hazardous waste being exported or imported without proper regulation, potentially leading to environmental harm and public health risks. The Act was introduced by the Parliament of Australia and aims to regulate the transboundary movement of hazardous waste to ensure it is managed in an environmentally sound manner. The Act provides a framework for the export and import of hazardous waste, requiring that it be done in compliance with strict controls and conditions. The legislation was designed to align Australia with international obligations under the Basel Convention, which seeks to minimise the movement of hazardous waste between nations, particularly from developed to less developed countries. The policy objective of the Act is to prevent the export of hazardous waste that could harm the environment or human health, and to ensure that any such waste exported is managed responsibly.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste within Australia, applying to any person or entity engaged in the transboundary movement of such waste. This Act specifically regulates the activities of Hazmat Services Pty Ltd, which seeks to import specified quantities of hazardous waste from Papua New Guinea to Australia. The legislation not only addresses the import and export of hazardous waste but also delineates the logistics of transportation and ultimate disposal of these materials within Australia. The Act mandates that variations to applications must be notified in the Commonwealth of Australia Gazette, ensuring transparency and oversight over hazardous waste movements. The geographic scope of this legislation extends beyond Australia's borders, imposing regulatory controls on international waste shipments to and from Australia. It ensures that the waste management practices comply with both Australian standards and international conventions such as the Basel Convention. Any exclusions or exemptions within the Act are not detailed in the provided excerpt, but generally, the Act’s reach may be extended or restricted through subordinate instruments, ensuring that the regulations can adapt to new types of waste or changes in international standards.
Key Provisions
The key provisions of the notice relate to changes made to applications for the import of hazardous waste, as outlined in sections of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Hazmat Services Pty Ltd has submitted variations to their applications for importing up to 50,000 litres of waste resins and up to 25,000 litres of waste organic phosphorous compounds from Papua New Guinea. These applications were initially notified in the Commonwealth of Australia Gazette on 9 July 2013 and 25 November 2013, respectively, with subsequent variations notified on 18 November 2013 for the waste resins. The varied applications propose that the hazardous wastes will be imported in multiple shipments from Port Moresby to Newcastle, NSW, and then transported to respective facilities in Newcastle and Heatherbrae, NSW, for accumulation. Ultimately, the wastes will be taken to a facility in Dandenong South, VIC, where they will be used in the manufacture of fuels for cement kilns.
The obligations and requirements imposed by the Act on Hazmat Services Pty Ltd include submitting detailed applications for the import of hazardous waste, ensuring the waste is transported in compliance with the terms of the permit, and adhering to the proposed waste management practices at the facilities in Newcastle and Heatherbrae. The Act mandates that the waste must be handled in a manner that protects human health and the environment, which involves multiple stages of transportation and processing. Furthermore, the companies involved must ensure that the waste is tracked from the point of origin to the final disposal or reuse facility, ensuring transparency and accountability in the waste management process.
In terms of breaches and penalties, the Act stipulates that any non-compliance with the requirements for the import and management of hazardous waste can result in serious legal consequences. The maximum penalties for breaches may include substantial fines, imprisonment, or both, depending on the severity and nature of the offence. For example, knowingly causing or permitting the transboundary movement of hazardous waste in a manner that contravenes the Act could result in a fine of up to $330,000 or imprisonment for up to five years, or both. Additionally, companies found to be in breach of their obligations may face civil penalties, including compensation orders for any environmental damage caused by the illegal movement or improper handling of hazardous waste. These stringent measures underscore the importance of strict compliance with the regulatory framework designed to protect public health and the environment from the risks associated with hazardous waste.