NOTICE OF 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 an application has been received from Toxfree (Australia) Pty Ltd (Toxfree) 42 Heather Street, Heatherbrae NSW 2324. The application relates to the importation of up to
10 000 litres of halogenated solvents (Basel Code A3150) from Total Waste Management Limited, PO Box 473, Waigani 131, National Capital District, Papua New Guinea.
The proposal is to ship the waste direct from Port Moresby either to Newcastle, NSW, Sydney, NSW, or Melbourne, VIC. Shipments arriving at Newcastle or Sydney would be transported by road to a facility operated by Toxfree in Heatherbrae, NSW for consolidation before being transported by road to Geocycle SPF facility in Dandenong South, VIC.
Shipments arriving in Melbourne would be transported by road direct to the Geocycle SPF facility in Dandenong South. There, the waste would undergo operation R1‑use as a fuel (other than in direct incineration) or other means to generate energy.
The import would take place in up to five (5) shipments over a period of up to twelve months, as specified in the permit, if granted.
Written comments on the permit application may be lodged with the Department within 28 days of publication in the Commonwealth of Australia Gazette. Comments should be addressed to the Director, Hazardous Waste Section, Department of the Environment, GPO Box 787 CANBERRA ACT 2601, or forwarded by email to hwa@environment.gov.au. Respondents should be aware that comments will be shared with the Applicant and should not contain commercial-in-confidence information.
Bruce Edwards
Assistant Secretary
Waste Policy Branch
1 June 2015
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to provide for the regulation of the export and import of hazardous waste, aiming to address the problem of improper disposal and transboundary movement of hazardous waste. This Act was introduced by the Australian Parliament and seeks to protect the environment and human health from the adverse effects of hazardous waste. The Act sets out the processes for the application and approval of permits for the export and import of hazardous waste, ensuring that these activities are conducted in a manner that minimises risk to public health and the environment. In the case of Toxfree (Australia) Pty Ltd's application to import halogenated solvents from Papua New Guinea for energy recovery, the Act facilitates a structured approach for assessing the potential environmental and health impacts, allowing for public consultation and ensuring transparency in the decision-making process.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity seeking to import or export hazardous waste into or out of Australia, with specific attention to the management and regulation of such activities to ensure environmental protection and public health. The Act governs the processes and requirements for obtaining permits for the import or export of hazardous waste, including the notification of applications as seen in the example of Toxfree (Australia) Pty Ltd's application to import halogenated solvents from Papua New Guinea. This Act is of Commonwealth jurisdiction and therefore applies across all states and territories in Australia. There are no specific exclusions mentioned within the Act; however, the application process may be subject to conditions and criteria that need to be satisfied to comply with the legislation. The Act can also be extended or restricted through subordinate instruments, such as regulations and guidelines, which further detail the requirements and standards for the handling and processing of hazardous waste imports and exports.
Key Provisions
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 includes a key provision, Section 33, which mandates the notification of the public when an application for the importation of hazardous waste has been received. The notice, as exemplified in the Gazette notice, informs the public that an application from Toxfree (Australia) Pty Ltd has been submitted for the importation of up to 10,000 litres of halogenated solvents, a type of hazardous waste identified by the Basel Code A3150. This application specifies the shipment of the waste from Port Moresby, Papua New Guinea, to either Newcastle, Sydney, or Melbourne in Australia, for consolidation and eventual processing at a facility in Dandenong South, Victoria.
The obligations imposed by the Act on entities like Toxfree include the submission of a detailed application outlining the type, quantity, and intended use of the hazardous waste, as well as the proposed shipping routes and final destination for the waste. Toxfree must also ensure that the waste will be managed in a manner that complies with environmental protection standards and any other relevant regulations. The Act requires transparency in the process by making such applications subject to public scrutiny, allowing for written comments from interested parties within a specified period.
Breaches of the provisions under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant consequences. Offences under the Act may include unauthorised export or import of hazardous waste, failure to comply with the notification requirements, or any act that contravenes the conditions specified in an approved permit. The penalties for such breaches can be substantial, with potential fines and imprisonment for individuals, and fines for corporate entities. The maximum penalties can vary depending on the severity of the offence, with serious breaches potentially leading to fines exceeding hundreds of thousands of dollars and imprisonment terms of several years for individuals.