Exporting and importing hazardous waste?
Fact sheet
Department of the Environment and Heritage, September 2004
PDF file
About the fact sheet
Do you export or import waste or scrap?
If so, you may need to obtain a permit to export or import materials such as:
- Waste Oil?
- Electronic or Computer Scrap?
- Plastic Scrap?
- Zinc sulphate?
- Ashes or drosses?
- Used-lead Acid Batteries?
- Asbestos?
Basic Legal Requirements
The main purpose of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 is to regulate the export and import of hazardous waste to ensure that hazardous waste is disposed of safely so that human beings and the environment, both within and outside Australia, are protected from the harmful effects of the waste.
The original Act of 1989 only controlled movements of wastes that lacked financial value, usually destined for final disposal operations (for example, by incineration or landfill). In 1996, the Act was amended to include wastes that possess financial value, usually destined for recycling and recovery operations. These amendments enabled Australia to meet all of its obligations under the Basel Convention.
You need to know about the Act if:
- you are a waste broker, agent or dealer;
- you plan to move hazardous waste in and out of Australia;
- you produce hazardous waste which may be exported
or sold for export; or - you import hazardous waste for recovery or final disposal.
The Act requires that a permit be obtained before hazardous waste is exported from Australia or imported into Australia.
Basic Requirements of the Act
1. Is your material a waste?
The Act controls hazardous and municipal wastes. It is sometimes not clear whether a material is a waste or not a waste, so detailed guidance on this issue is contained in Information Paper No 2.
2. Is your waste hazardous?
A waste is hazardous for the purposes of the Act if it is listed as hazardous in the Basel Convention or in the OECD Decision Regulations. Detailed guidance on this issue is contained in Information Paper No 4 & Information Paper No 5 which will assist applicants in determining whether the material they wish to export or import is considered a hazardous waste.
3. Is your waste intended for final disposal or recovery?
Final disposal of waste involves operations such as incineration or landfill. The Australian Government has banned exports of waste for final disposal except in exceptional circumstances. Recovery includes recycling or reclamation of waste materials and also includes recovery of energy from waste (except by direct incineration). These shipments are permitted provided certain conditions are met.
4. Where is the waste coming from or going to?
Waste shipments may only take place between countries which are Parties to the Basel Convention, except where a specific arrangement exists with a non-Party under Article 11 of the Basel Convention. An Article 11 arrangement is implemented in Australia through a particular set of Regulations. There are three sets of these Regulations:
- The Organisation for Economic Cooperation and Development (OECD) Decision Regulations control all movements for recovery operations from one OECD country to another;
- The Waigani Convention Regulations covers countries in the South Pacific region; and
- The East Timor Regulations controls the import of hazardous wastes from East Timor.
The Act does not affect movements of hazardous waste within Australia. You should contact your State or Territory Environment Department for further information on internal movements.
Need further information?
For general enquiries contact the Hazardous Waste Section, Department of the Environment and Heritage:
- Phone: 02 6274 1411
- Fax: 02 6274 1164
- Email: hwa@environment.gov.au
A range of information papers and guidance papers are also available at www.deh.gov.au/industry/chemicals/hwa/
Before you download
Most publications are available as PDF files. Adobe Acrobat Reader is required to view PDF files.
If you are unable to access a publication, please contact us to organise a suitable alternative format.
Key
Links to another web site
Opens a pop-up window