Review of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and Regulations

Issues Paper

June 2012

How to make a Submission to the Issues PaperSubmissions can be made by: Email: Hazardous.Waste@environment.gov.au

Fax: (02) 6274 2849

Post: Environment Quality Legislation Section

Department of Sustainability, Environment, Water, Population and Communities

GPO Box 787

Canberra ACT 2601

Australia

Key dates: Release date of the Issues Paper: 14 June 2012

Due date for submissions: 12 July 2012

Release of the Consultation Paper: October 2012*

Due date for submissions: November 2012*

Contact: Environment Quality Legislation Section

Email: Hazardous.Waste@environment.gov.au

Phone: (02) 6274 2614

Website: www.environment.gov.au

* These are indicative dates.

Contents

1. Introduction............................................................................................................................1

2. Background............................................................................................................................3

2.1 The Basel Convention and related international agreements..........................................3

2.2 The Hazardous Waste (Regulation of Exports and Imports) Act 1989 and Regulations. 5

3. Some Issues..........................................................................................................................6

3.1 Object and aims of the Act...............................................................................................6

3.2 Definition of ‘hazardous waste’.........................................................................................6

3.3 Offences for unauthorised transboundary movement of hazardous waste......................8

3.4 Permit application and assessment..................................................................................9

3.5 Compliance and enforcement powers............................................................................11

3.6 Arrangements made by the Minister..............................................................................12

4. Making a Submission...........................................................................................................14

4.1 The consultation process...............................................................................................14

4.2 How to respond and make a submission.......................................................................14

1. Introduction

Australia introduced the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act)1 to meet its obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention).2

The object of the Act is to regulate the export, import and transit of hazardous waste to ensure transboundary movements are managed in an environmentally sound manner, to protect human health and the environment. The Act also makes reference to the Commonwealth making arrangements to fulfil other obligations under Article 4 of the Basel Convention, such as the obligation to ensure that the generation of hazardous waste is reduced to a minimum.

The Act and Regulations were last reviewed in 2001. That review, undertaken under the National Competition Policy, focused on those aspects of the legislation which affected competition, or which imposed costs or conferred benefits on to business. Minor amendments were made to the Act and Regulations as a result of that review.

The current review of the Act and Regulations is intended to ensure that Australia effectively and efficiently meets its international obligations and national policy objectives for managing hazardous substances, hazardous wastes and other wastes.

The review has been initiated for a number of reasons:

It provides an opportunity to consider whether the Act and Regulations could more effectively regulate the transboundary movement of hazardous waste.

It will allow the Government to consider industry experience with the operation of the Act and Regulations over the last decade, and whether there are opportunities to reduce regulatory burdens.

The Act and Regulations needs to be reviewed in light of changes to Australia’s international obligations. Australia has become a party to other international agreements since it signed the Basel Convention, including the Rotterdam Convention (2004)3 and the Stockholm Convention (2005).4 Negotiations are underway for an international treaty to regulate mercury.

1 Available at http://www.comlaw.gov.au/Details/C2011C00203.2 Available at http://www.basel.int/Portals/4/Basel%20Convention/docs/text/BaselConventionText-e.pdf.3 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. Available at http://www.pic.int/TheConvention/Overview/TextoftheConvention/tabid/1048/language/en-US/Default.aspx.4 Stockholm Convention on Persistent Organic Pollutants. Available at http://chm.pops.int/Convention/ConventionText/tabid/2232/Default.aspx.

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The interaction of the Act and Regulations with other legislation and instruments needs to be assessed. This includes the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure, the National Environment Protection (National Pollutant Inventory) Measure 1998 and the Product Stewardship Act 2011.

The alignment of the Act and Regulations with national policy priorities needs to be reviewed – particularly against strategies 4 and 12 in the COAG-endorsed National Waste Policy: Less Waste, More Resources, which sets Australia’s strategic agenda for waste management and resource recovery to 2020.

As more than a decade has elapsed since the last review, it is timely that a further review be undertaken, consistent with government practice of periodically reviewing legislation.

Radioactive waste does not form part of the review as the Basel, Rotterdam and Stockholm Conventions do not apply to these wastes.

The Department of Sustainability, Environment, Water, Populations and Communities (the department) has released this Issues Paper, as the first stage in the consultation process for the review, and to invite input from stakeholders on the initial identification of issues for the review. Following consideration of feedback received on the Issues Paper the department will prepare a Consultation Paper to undertake a more detailed discussion and analysis of issues.

If you have any comments on the issues raised in this paper, or any other issues relevant to the review, you are invited to make a submission following the process outlined in section 4.

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2. Background

2.1 The Basel Convention and related international agreements

Australia is a Party to a number of international agreements which create obligations for the management of hazardous substances and wastes.

The Basel Convention establishes a system of controls for the management and transboundary movements of hazardous waste and other waste, and seeks to reduce the generation of hazardous waste.

Article 11 of the Basel Convention allows parties to enter into other agreements or arrangements concerning transboundary movement of hazardous and other waste, providing they do not derogate from the environmentally sound management of those wastes required by the Convention. Australia is a party to three such Article 11 agreements:

an OECD Decision concerning the transboundary movement of wastes destined for recovery operations among Organisation for Economic Cooperation and Development (OECD) countries5

an agreement with South Pacific nations concerning the transboundary movement and management of hazardous waste6

an arrangement concerning the import of hazardous waste from East Timor.7

Australia is a party to the Stockholm and Rotterdam Conventions, which contain obligations concerning the management, import and export of hazardous substances and wastes.

The Stockholm Convention regulates chemicals listed under the Convention, recognised as having toxic properties, which resist degradation, bioaccumulate, and are transported by air and water across international boundaries, to protect human health and the environment. The Stockholm Convention sets out requirements for eliminating or restricting the production, use, import and export of listed chemicals, and for the safe, efficient and environmentally sound management or destruction of chemical stockpiles and wastes, including products and articles as they become waste, which consist of, contain, or are contaminated with a listed chemical.

The Rotterdam Convention establishes a notification system for parties to make decisions on the import and export of pesticides and industrial chemicals, some of which are also listed under the Stockholm Convention. The Rotterdam Convention requires a ‘prior informed consent’ procedure in international trade of certain hazardous

5 OECD Decision C(2001)107 FINAL, as amended by C(2004)20.6 The Waigani Convention.7 Bilateral arrangement between Australia and the United Nations Transitional Administration in East Timor.

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chemicals to enable parties to make an informed decision about whether to permit, prohibit, or impose conditions on an import.

The Australian Government is also undertaking work for managing hazardous substances and wastes through the following initiatives:

The Strategic Approach to International Chemicals Management is a voluntary, non-binding policy framework adopted by over 120 countries in February 2006 at the United Nations convened International Conference on Chemicals Management. The overall objective of the Strategic Approach is to achieve the sound management of chemicals throughout their life-cycle so that, by 2020, chemicals are used and produced in ways that lead to the minimisation of significant adverse effects on human health and the environment. This includes chemicals in products and articles, including when they become waste. Specific aims in dealing with hazardous waste include to reduce the generation of hazardous waste, both in quantity and toxicity, and to ensure the environmentally sound management of hazardous waste, including its storage, treatment and disposal.

In 2010 negotiations under the auspices of the United Nations Environment Programme commenced on a treaty to regulate mercury. Whilst these negotiations are not expected to be concluded until early 2013, it is likely that the treaty will include controls on mercury use, emissions, trade in mercury and mercury-containing products, and requirements regarding the environmentally sound disposal of mercury-containing wastes and environmentally sound remediation of sites contaminated by mercury.

The Australian Government is working with state and territory governments to implement strategies 4 and 12 of the National Waste Policy: Less Waste, More Resources. Strategy 4 commits the Australian Government, in collaboration with state and territory governments, to introduce a national definition and classification system for wastes (including hazardous and clinical wastes) that aligns with definitions in international conventions, provides for when a product or material ceases to become a waste, and reflects these classifications in relevant policies and instruments. Strategy 12 commits the Australian Government, in collaboration with state and territory governments, to ensure that international obligations are met; hazardous materials entering the waste stream are reduced, transboundary movement of hazardous waste is effectively, efficiently and legally undertaken within Australia and complies with international requirements; product stewardship is adopted to provide for the impacts of a product with potentially hazardous materials being responsibly managed during and at end of life; and facilities are available to handle and dispose of hazardous substances that become waste in an environmentally sound manner.

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2.2 The Hazardous Waste (Regulation of Exports and Imports) Act 1989 and Regulations

The Act aims to give effect to the Basel Convention, and to agreements and arrangements made under Article 11 of that Convention,8 outlined above. The Act regulates the export, import and transit of hazardous waste to ensure that transboundary movements are managed in an environmentally sound manner to protect human beings and the environment from the harmful effects of the waste.

The Act is supported by the following regulations:

Hazardous Waste (Regulation of Imports and Exports) Regulations 19969

Hazardous Waste (Regulation of Imports and Exports) (OECD Decision) Regulations 199610

Hazardous Waste (Regulation of Imports and Exports) (Fees) Regulations 199011

Hazardous Waste (Regulation of Imports and Exports) (Waigani Convention) Regulations 199912

Hazardous Waste (Regulation of Imports and Exports) (Decision IV/9) Regulations 199913

Hazardous Waste (Regulation of Imports and Exports) (Imports from East Timor) Regulations 2003.14

8 Subsection 3(2) of the Act. 9 Available at http://www.comlaw.gov.au/Details/F2010C00602. 10 Available at http://www.comlaw.gov.au/Details/F2004C00651. 11 Available at http://www.comlaw.gov.au/Details/F2004C00426.12 Available at http://www.comlaw.gov.au/Details/F2004C00760.13 Available at http://www.comlaw.gov.au/Details/F1999B00102. 14 Available at http://www.comlaw.gov.au/Details/F2003B00067.

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3. Some Issues

This section outlines the key elements of the Act and Regulations and sets out some of the issues identified by the department. The issues listed are not exhaustive, and stakeholder comments on any other issues relevant to the review are also welcome.

3.1 Object and aims of the Act

The object of the Act is to regulate the export, import and transit of hazardous waste to ensure this waste is managed in an environmentally sound manner to protect human health and the environment (subsection 3(4) of the Act).

It is also an aim of the Act to give effect to the Basel Convention and agreements made under Article 11 of the Convention (subsection 3(2) of the Act). Requirements of the Basel Convention include the general obligations specified in Article 4 of the Convention. In addition to requirements relating to the import and export of hazardous waste, they include requirements relating to the management of hazardous waste within a Party to the Convention, such as ensuring that the generation of hazardous wastes is kept to a minimum, that adequate disposal facilities are available for the environmentally sound management of hazardous waste and that pollution arising from hazardous wastes is prevented.

Most of the current Act is focussed on the import and export requirements of hazardous waste under the Basel Convention; the domestic requirements arising from Article 4 of the Basel Convention are addressed in Part 5A, Section 56A of the Act (see discussion in 3.6 below).

Question 1:

Are there any ways in which the object and aims of the Act could be amended in order for Australia to better meet its international obligations?

3.2 Definition of ‘hazardous waste’

The definition of ‘hazardous waste’ is complex and can present challenges in its practical application. It often involves a technical assessment as to whether the item has one or more of the hazardous characteristics set out in Annex III of the Basel Convention which may have impacts for the efficient administration of the Act.

The Act defines ‘waste’ as a substance or object that is disposed of, proposed to be disposed of or required by law to be disposed of. ‘Hazardous waste’ is defined as:

(a) waste prescribed by the regulations, where the waste has any of the characteristics mentioned in Annex III of the Basel Convention15

(b) wastes covered by paragraph 1(a) of Article 1 of the Basel Convention16

15 No such wastes have been prescribed by the regulations.16 These are ‘wastes that belong to any category contained in Annex I [of the Basel Convention], unless they do not possess any of the characteristics contained in Annex III’. Notes to Annex I cross-reference

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(c) household waste17

(d) residues arising from the incineration of household waste

but does not include wastes covered by paragraph 4 of Article 1 of the Basel Convention.18

The Act also provides that the definition of ‘hazardous waste’ may be narrowed or extended in certain circumstances, depending on whether it has been classified as such under other relevant international agreements or under the laws of the countries that are to receive the waste.

Under amendments to the Act introduced in 1996 the Minister may issue an ‘evidentiary certificate’ stating that a specified substance or object is, or is not, in specified circumstances, ‘hazardous waste’. In any proceedings relating to the Act, an evidentiary certificate is prima facie evidence of the matters in the certificate. Three such evidentiary certificates have been issued, for electronic equipment under warranty, zinc ash and zinc scrap.

The use of evidentiary certificates was overtaken to some extent by amendments to the Basel Convention itself, adopted at the Fourth Conference of the Parties in 1998. These amendments inserted Annexes VIII and IX to the Convention. Annex VIII contains a list of wastes that are prima facie hazardous, and Annex IX contains a list of wastes that are not prima facie hazardous.

Australian state and territory governments can also, under their legislation concerning collection, storage, transportation and disposal of hazardous waste, take different approaches to defining hazardous waste and applying those definitions in practice. There may be opportunities to improve the classification of hazardous wastes and other wastes. This could benefit industry by providing greater certainty and consistency about the types of waste that are subject to intra-state, inter-state and international regulation.

Question 2:

What issues are there with the definition of ‘hazardous waste’ or related definitions in the Act and Regulations?

Annexes VIII and IX discussed below.17 Defined in the Act as ‘waste collected from households, but does not include waste specified in the regulations’. Regulation 4 of the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996 sets out those wastes that are not household waste for the definition in section 4 of the Act.18 These are ‘wastes which derive from the normal operations of a ship, the discharge of which is covered by another international instrument’.

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Question 3:

How could these definitions be improved, consistent with Australia meeting its international obligations?

3.3 Offences for unauthorised transboundary movement of hazardous waste

Improving compliance mechanisms may improve the effectiveness of the Act, and benefit industry by ensuring a level playing field for the relevant industries. A contravention of the Act is a criminal offence; there are no civil penalty provisions in the Act, and there is no power to issue infringement notices. In contrast to modern regulatory regimes the regulator does not have an escalating range of sanctions available to determine the most appropriate response to a contravention of the Act.

Part 4 of the Act contains offences related to the unauthorised import, export, transit and sale of hazardous waste. For example, it is an offence to intentionally, recklessly or negligently export hazardous waste without authorisation or breach a condition of an export permit. The Criminal Code has general provisions related to attempting to commit an offence and aiding the commission of an offence which apply to the Act.

In order to successfully prosecute a person for committing an offence, the Commonwealth Director of Public Prosecutions (CDPP) must prove each element of the offence beyond reasonable doubt. For example, when prosecuting an attempt to export end-of-life electronic products, the CDPP needs to prove beyond reasonable doubt that the defendant intended to export hazardous waste, and intended, or had knowledge, that the export would take place without an export permit, transit permit, or order by the Minister to export hazardous waste that was imported in contravention of the Act.

Different maximum penalties apply, depending on the nature of the offence. The most serious offences involve intentional or reckless contraventions that do or are likely to injure or damage human beings or the environment. These offences are punishable on conviction by up to 5 years imprisonment for an individual, and a fine of up to 10,000 penalty units ($1.1m) for a body corporate.

Executive officers of a body corporate who are knowingly involved in the commission of an offence may themselves be guilty of an offence, punishable on conviction by imprisonment for up to 2 years.

In some circumstances, Ministerial orders can require persons who unlawfully imported or exported hazardous waste to deal with that waste in a specified way or to remedy or mitigate damage caused by their unlawful actions. If the order is not complied with, the Minister may arrange for the action to be taken by another person and recover the costs of that action from the offender.

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Question 4:

How could the existing regime of contraventions and compliance mechanisms concerning the unauthorised transboundary movement of hazardous waste be improved, including in relation to:

(i) existing offence provisions

(ii) the potential introduction of civil penalties and associated administrative responses.

3.4 Permit application and assessment

3.4.1 Permit application and notification process

Part 2 of the Act and Part 2 of the Hazardous Waste (Regulation of Imports and Exports) (OECD Decision) Regulations 1996 (OECD Regulations) establish a permit control system for import, export or transit proposals in relation to hazardous waste and the requirements for acknowledging and notifying the receipt of a permit application. The Act deals with Basel permits for transboundary movements of hazardous waste involving Australia and a foreign country, and the OECD Regulations deal with special permits for transboundary movements of hazardous waste involving Australia and other OECD member countries.

The particulars of each permit application received, each Basel or special permit granted or refused, and each variation of a Basel or special permit must be published in the Government Notices Gazette or Special Notices Gazette. Fees are paid by the department for publication of notices in the Gazettes. These fees alone can exceed the fees payable by permit applicants under the Hazardous Waste (Regulations of Exports and Imports) (Fees) Regulations 1990 (Fees Regulations).

3.4.2 Timeframes for determining a permit application

The timeframes for deciding permit applications are complex and can present challenges in practical application. The length of time required to process a permit application may vary greatly depending on factors such as the types of hazardous waste, the disposal or recycling operation to be used, the responsiveness of the competent authorities of countries involved, and under the OECD Regulations, the extent of any exchange of information. Simplifying timeframes may improve administrative efficiency and provide greater certainty to industry.

Different decision periods and extensions apply to Basel permit applications under the Act and special permit applications under the OECD Regulations.

For example, a Basel permit must be granted or refused within 60 days after the application day, whereas a special export permit must be granted or refused within 40 days of receiving an application.

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The decision period for a Basel export permit may be extended to the earliest of several timeframes outlined in the Act, where the importing country or a transit country has not provided written consent or refusal to the grant of the permit by a certain day. In contrast, the decision period for a special export permit may be extended in a range of circumstances, each applying a particular extension period, for example an extension of up to 60 days where the Minister considers that it will take more than 30 days to decide whether to grant the permit.

If no decision is made within the decision period, the Act considers an application to be refused, whereas the OECD Regulations consider an application for a special export permit to be refused, and an application for a special import or special transit permit to have been granted.

The OECD Regulations require the Minister to allow a special permit applicant access to material that suggests an application should be refused and invite written comment on the material. The Minister must consider any written comments made before granting or refusing an application for a special permit. There are no timeframes specified or limitations placed on the ongoing exchange of information. This process is time consuming and can create lengthy delays in assessing special permit applications. There is no corresponding provision in the Act for submitting information to an application for a Basel permit.

3.4.3 Permit assessment criteria

Permit applications are assessed on a case by case basis, having regard to the criteria set out under the Act and Regulations, and Australia’s international obligations for the environmentally sound and efficient management of hazardous waste.

Division 3 of Part 2 of the Act, and Part 3 of the OECD Regulations, set out various considerations for the Minister in granting Basel permits under the Act, or special permits under the OECD Regulations.

The Act and the OECD Regulations set out criteria for granting a permit, such as whether the permit applicant is a fit and proper person and has appropriate insurance, and grounds for refusing an application, for example where it would not be in the public interest to grant the permit. An application for a Basel export permit for final disposal (in contrast to a recovery operation) may only be granted in exceptional circumstances.

3.4.4 Permit fees

Under the Act, regulations may prescribe fees to be paid, to a maximum of $8000 for an export, import or transit application, which are reasonably related to the expenses incurred by the Commonwealth in relation to the application. The Fees Regulations set out an application fee of $4400, plus an additional $110 per transit State, for a Basel export permit. The application fee for a special export permit under the OECD Regulations is $480, plus an additional $110 per transit State.

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Application fees for a special export permit under the OECD Regulations are much lower than application fees for a Basel export permit under the Act. There are no fees set for:

an application for approval of a recovery facility under regulation 7 of the Hazardous Waste (Regulation of Exports and Imports) Regulations 1996, or for approval of a pre-consented recovery facility under regulation 42 of the OECD Regulations

a variation of a permit application, permitted under section 14 of the Act and regulation 10 of the OECD Regulations.

Permit application fees only partially cover the cost to the department of processing an application. Fees are not related to the volume of waste or the environmental risks posed by the waste that is the subject of an application.

Question 5:

How could the permitting scheme be improved, including in relation to:

(i) the application and notification process

(ii) statutory timeframes

(iii) permit and assessment criteria

(iv) the permit fees regime.

3.5 Compliance and enforcement powers

There are no general information gathering powers in the Act, for example to require a person that is the owner of goods to provide information that may be necessary to determine whether a material is a hazardous waste, for the purpose of determining a suspected contravention of the Act.

Part 5 of the Act provides for the appointment of inspectors and sets out their monitoring and compliance powers. An inspector may require a relevant authority, or any person in or on a searchable place, to answer questions put by the inspector, and produce any books, records or documents requested by the inspector.

An inspector may also seize evidence, and keep the evidence for 60 days. Evidence may be held until the completion of offence proceedings, and any appeal from that decision, if a prosecution is instituted within the 60 day period for an offence against the Act.

Instituting proceedings under the Act can take some time in practice and in some cases a 60 day period for seizure of evidence may be insufficient.

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Question 6:

How could the current powers for compliance and enforcement be improved, including in relation to:

(i) seizure of evidence

(ii) search and information gathering powers.

3.6 Arrangements made by the Minister

Part 5A of the Act sets out a framework for Commonwealth involvement in voluntary cooperative arrangements to fulfil Australia’s obligations under Article 4 of the Basel Convention.

As was noted when the Hazardous Waste Bill was introduced in 1989, some of the obligations in the Basel Convention fall within the responsibilities of State and Territory governments and are implemented by State and Territory waste management legislation.19

Amendments to the Act in 1996 introduced Part 5A to assist in achieving the broader objectives of the Basel Convention to minimise the generation of hazardous waste and provide disposal facilities to treat and dispose of these wastes at the source of their generation. Section 56A provides for the Minister to make arrangements to achieve the objects or aims of the Act, within the constitutional powers of the Commonwealth.

Arrangements may be made to:

discourage unlawful import or export of hazardous waste

collect statistics relating to the import and export of hazardous waste.

Arrangements may also be made, in consultation with relevant States or Territories to:

help to reduce the generation of hazardous waste in Australia

develop adequate disposal facilities for the environmentally sound management of hazardous waste in Australia

encourage persons involved in the management of hazardous waste in Australia to take steps to prevent or reduce pollution arising from management of this waste and the adverse consequences of such pollution on human health and the environment.

In relation to the reference above to the collection of statistics, it is relevant to note that Australia must report annually on various matters pursuant to the Basel Convention. This includes information regarding transboundary movements of hazardous waste or other waste, but also extends to information on statistics compiled on the effects on

19 Hazardous Waste (Regulation of Exports and Imports) Bill 1989, Second Reading, House of Representatives, Minister for the Arts, Tourism and Territories, 6 September 1989.

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human health and the environment of the generation, transportation and disposal of hazardous waste and other waste.

Commonwealth, State and Territory governments have progressed initiatives which relate to the matters referred to in Part 5A of the Act, but these initiatives have not been explicitly linked to the powers for making arrangements in Part 5A.

Question 7:

Do the existing powers for making arrangements achieve the intention of obligations under Article 4 of the Basel Convention?

Question 8:

How could these powers be improved to better achieve the objectives of the Basel Convention, such as the obligation to minimise the generation of hazardous waste?

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4. Making a Submission

4.1 The consultation process

Stakeholders will have a number of opportunities to provide input into the review. Stakeholders are invited to make submissions to this Issues Paper as part of the initial identification of issues for the review, and to the Consultation Paper that will undertake a more detailed discussion and analysis of issues, anticipated for release later this year and following consideration of feedback received on the Issues Paper. The department will prepare a report summarising and analysing stakeholder feedback on the Consultation Paper to conclude the review.

Where any amendments to the Act and/or Regulations are recommended as a result of the review, stakeholders will be consulted on any proposed legislative changes.

The flow chart below provides an overview of the process for public consultation on the Act and Regulations, noting the timeframes set out are indicative only.

Review Timeline and Milestones

June 2012 Issues Paper

October 2012* Consultation Paper

December 2012* Report on Submissions

* Please note these timeframes are indicative only.

4.2 How to respond and make a submission

The closing date for submissions is 12 July 2012.

The department prefers to receive submissions as a Word (.doc) file. PDF files are acceptable, however, to ensure your PDF is as readily useable as possible the department recommends that the PDF is derived from word processing software (e.g. Microsoft Word or Lotus notes) and not derived from a scanner, fax or photocopying machine.

Track changes, editing marks, hidden text and internal links should be removed from submissions before sending to the department. To ensure hyperlinks work in your submission, the department recommends that you type the full web address.

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Submit your submission documents along with a completed submission cover sheet provided on the department’s website, at http://www.environment.gov.au/settlements/chemicals/hazardous-waste/index.html

For submissions received from individuals, all personal details (e.g. home and email address, phone and fax number) will be removed before it is published on the website for privacy reasons.

If you do not receive a receipt email notification within two working days of sending a submission, please contact Hazardous.Waste@environment.gov.au.

Treatment of confidential information

Submissions may be published on this website in full, and submissions, or extracts from submissions, may also be reproduced in public documents unless marked confidential.

All submissions will be regarded as public documents unless clearly marked 'confidential' or 'commercial-in-confidence' and they may be made available to other interested parties, subject to provisions of the Freedom of Information Act 1982.

For submissions from individual community members, the publication of contact details will be limited to name, suburb and state unless marked confidential, in which case no contact details will be published. Confidential information should be provided in a separate document to any information that you agree to be public with ‘Confidential’ clearly marked on every page and a title such as 'Confidential annexure to submission by [INSERT NAME] on [INSERT DATE]'.

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