Address: Main Office: John Gorton Building

Hazardous waste

The department administers the export, import, transit and disposal of hazardous waste through the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The process under this Act for granting permits ensures that international movement of hazardous wastes is dealt with in an environmentally sound manner, both within and outside Australia.

Used oil

Every year about 300 million litres of used petroleum-based oil are generated in Australia. The department manages the disposal and re-use of used oil through the Product Stewardship for Oil program, which is underpinned by the Product Stewardship (Oil) Act 2000.

National Pollutant Inventory

The National Pollutant Inventory was established under the National Environment Protection (National Pollutant Inventory) Measure 1998, to provide a database of the sources, types and amounts of pollutants emitted to air water and land. The National Pollutant Inventory now contains 12 years of data and publishes annual industry emission data by the statutory date of 31 March (see Figure 1).

Chemical assessments

The department provides advice and input to improvements in chemical safety and regulation for agricultural, veterinary and industrial chemicals. Major work undertaken in 2010–11 included a targeted sampling program to measure the amounts of the industrial chemical triclosan in waste streams, and finalising reviews of the pesticides diuron and endosulfan.

Biotechnology and nanotechnology

The department assesses whether the products of these potentially hazardous technologies pose environmental risks. Based on this advice the minister then advises the Gene Technology Regulator under the Gene Technology Act 2000, administered by the Department of Health and Ageing.

Education for sustainability

During 2010–11 the department provided $190 937 in grants under the Australian Sustainable Schools Initiative to advance sustainability through education. Work continued to support the integration of the Sustainability Curriculum Framework in the national school curricula.

Figure 1: National Pollutant Inventory—number of NPI published facilities

Results

Key results under the National Waste Policy

• 
  The Product Stewardship Act 2011 was enacted on 8 August 2011, the Bill having been passed by Parliament on 22 June 2011 (see case study 1). Delivery of this legislation was one of the key priorities under strategy 1 of the National Waste Policy. This included the release in November 2010 of a public consultation paper on the proposed legislation. The consultation included public meetings in five capital cities which were attended by 140 people and a further 14 individual meetings with interested organisations. Forty six submissions on the paper were received from stakeholders representing the views of the public, industry and all three levels of government.
  
• 
  On 8 March 2011 a consultation paper was released on the proposed Regulations to underpin the National Television and Computer Product Stewardship Scheme. This paper received a total of 62 public submissions. Under the scheme the television and computer industry will collect and recycle these products. In the lead up to the scheme commencing, the department initiated television takeback events with state agencies. These were trialled in regional areas with limited access to recyclers and where analogue signals were switched off as part of the digital switch over.
  
• 
  On 1 July 2010 the strengthened Australian Packaging Covenant came into effect. Endorsed by government and the packaging industry this is the key national instrument to reduce the environmental impacts of consumer packaging. The covenant emphasises product stewardship through improved packaging design, away-from-home recycling, and reducing packaging litter. Brand owners that do not participate in the covenant face enforcement action by states and territories under the National Environment Protection (Used Packaging Materials) Measure.
  
• 
  On 21 July 2010 FluoroCycle, a national scheme for increasing the recycling of mercury containing lamps, came into operation. Endorsed by state, territory and Commonwealth environment ministers and delivered by the Lighting Council Australia, this voluntary product stewardship scheme has gained the support of 64 signatories from the commercial and public lighting sectors. As the largest consumers of these lamps, these sectors are the current focus of the scheme.
  
• 
  Work on the first national spatially accurate dataset and map of all Australian landfill sites (operating, closed and legacy) and other waste management facilities was largely complete by June 2011. Developed by the department in collaboration with other Australian Government agencies and the Waste Management Association of Australia, this comprehensive resource will inform and enable better waste management and environmental protection decisions.
  

Organic waste.

Key results in leading Australia’s engagement on international agreements

• 
  Amendments to the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 were enacted on 18 November 2010. These amendments modernise the compliance provisions of this Act by providing for a ban (with exemptions) on the import and manufacture of refrigeration and air conditioning equipment containing hydrochlorofluorocarbon refrigerant and foam. The strengthened provisions will reduce hydrochlorofluorocarbon use and help Australia meet its phase out obligations of 99.5 per cent in 2016 and 100 per cent in 2030.
  
• 
  In January 2011 the department led Australia’s participation in the second meeting of the Intergovernmental Negotiating Committee of the United Nations Environment Programme (UNEP) to prepare a global, legally binding instrument to minimise unintentional mercury releases to air, water, and land from waste. Negotiations will conclude before the UNEP Governing Council/Ministerial Forum 27th Regular Session in 2013.
  

Key results in delivering national legislation and policy initiatives

• 
  In April 2011 the department released the State of the Air in Australia 1999–2008 report, which describes trends in ambient air quality in major urban and regional areas. Particle and ozone levels continue to exceed national standards in some major cities, contributing to cardiovascular and respiratory illnesses. The report is available on the department’s website.
  
• 
  The department completed environmental impact risk assessments and management advice on 228 agricultural, veterinary and industrial chemicals. Advice was provided to the Gene Technology Regulator on 11 genetically modified organisms.
  
• 
  On 31 March 2011 the National Pollutant Inventory annual report was released. This provides emissions data from over 4 200 facilities on 93 substances identified as important due to their possible health impacts. Of the 85 substances reported, 52 had emission levels lower than in the previous year.
  
• 
  Investigations by the department as part of compliance action under the Fuel Quality Standards Act 2000 led to civil proceedings against two fuel suppliers. This action resulted in the Federal Court granting injunctions to stop the supply of non-compliant diesel by these suppliers.
  

Case study 1: Product Stewardship Act 2011

The Product Stewardship Act 2011 was enacted on 8 August 2011. Product stewardship involves shared responsibility for reducing the environmental, health and safety impacts of manufactured goods and materials across the life of a product—from production through to disposal. The legislation delivers on a key component of Australia’s long-term National Waste Policy, which was endorsed by all Australian governments in 2009, to avoid the generation of waste, reduce the amount of waste for disposal and to manage waste as a resource to deliver economic, environmental and social benefits.

The waste stream today is very different from that of 50 years ago, when motor vehicles, refrigerators and televisions were less common and home computers, mobile phones and compact fluorescent lamps did not exist. Today’s consumer goods are increasingly complex; they not only contain materials that can be re-used but also contain hazardous substances. Because of their increasingly short product life, these goods now comprise a significant and growing component of the waste stream. When discarded, these products place a disproportionate burden on the general community, rather than on those who used or benefited from them.

The Product Stewardship Act 2011 establishes a national framework to support voluntary, co-regulatory and mandatory product stewardship. It is a framework in the sense that regulations will determine the products and persons to which the obligations apply. This avoids the need for product-specific legislation and promotes a consistent approach to matters such as reporting, compliance and enforcement.

Voluntary product stewardship involves organisations seeking accreditation of product stewardship activities which meet quality standards specified in the guidelines. Under the coregulatory provisions, the minister sets the outcomes to be met by industry, but industry can decide how to meet those outcomes. Mandatory product stewardship is where both the outcomes and how they are to be met are set out in regulations.

For a product to be subject to the legislation, it must progress the objectives of the legislation and satisfy the product stewardship criteria. A product must meet the national market criterion when sold throughout Australia. In addition, at least one other criterion must be satisfied, such as containing hazardous substances; have the potential to significantly increase resource recovery, or reduce impact on the environment and human health and safety.

Television recycling.

This framework approach allows for product stewardship schemes to be tailored for different products and to suit changing international, social, environmental and economic conditions. As each product, material and industry is unique, the regulations will set out the details of what is to be regulated and the actions to be taken. For example, there may be a requirement to reduce hazardous substances or to manage the waste as a resource. Importantly, there may be the obligation to ensure products (or waste from products) is reused, recycled, recovered, treated or disposed of in a safe, scientific and environmentally sound way.

Product stewardship legislation was developed following an extensive consultation process, starting in 2009 as part of the development of the National Waste Policy. A discussion paper on the legislation was released on 11 November 2010. Five public meetings attended by 140 people were held and 46 submissions were received. The submissions were supportive of the general approach to the legislation.

The Bill was introduced to the Senate on 25 March 2011 and referred to the Senate Environment and Communications Legislation Committee. Public hearings were held on 13 April 2011 and received 25 submissions. The committee’s report, presented to the Senate on 9 May 2011, recommended passing the bill with minor changes.

In 2011 the department consulted on the design of regulations to support a national, industry-run recycling scheme for televisions and computers, which will be the first products to be covered by the Product Stewardship Act 2011.

Deliverables'>Outcome 2, program 2.1

Deliverables

Deliverables	PBS Target	Results
National Waste Policy Implementation Plan agreed and implemented.	Yes	National Waste Policy Implementation Plan released July 2010. National Waste Policy Implementation Plan Status Report released November 2010. Seven cluster working groups were established to implement the strategies of the National Waste Policy.
Product Stewardship Framework legislation implemented.	Yes	See case study 1 Product Stewardship Act 2011.
Fuel quality standards maintained and emerging fuels assessed for possible regulation.	Yes	Main road transport fuels covered by a fuel quality standard.
Comprehensive assessment and compliance program in place under the Fuel Quality Standards Act 2000 [# fuel samples taken and analysed].	3 000	2 983 fuel samples taken and analysed.
Environmentally sustainable management and reuse of used oil through the Product Stewardship for Oil Program.	Yes	Product Stewardship (Oil) Act 2000 administered effectively
Maintain and report on national air quality standards and develop effective emissions strategies.	NEPM varied	Published the State of the Air in Australia report 1999–2008. The review of the Ambient Air Quality National Environment Protection Measures completed with the report to go to National Environment Protection Council late 2011.
Emission levels of listed substances from industrial facilities required to report under the National Pollutant Inventory are monitored and reported [% of facilities identified and reported during previous year].	100	For 2009–10 reporting year, 4 213 facilities reported on 85 substances. Note 2010–11 reporting will be published in 2012.
The movement of hazardous waste to or from Australia is subject to statutory assessment and cases of illegal movements are investigated and prevented [% permit applications assessed or being assessed].	100	Assessed 33 applications for permits to import and export hazardous wastes. All permit applications were processed within the statutory timeframes.
Deliverables	PBS Target	Results
Suspected illegal traffic cases investigated or under investigation in accordance with the published departmental compliance and enforcement policy [%].	100	All cases were or are managed together with the department’s investigation unit. An intelligence project is also under way which includes ongoing compliance and evaluation activities.
Assessment of chemicals and genetically modified organisms for potential environmental impact and preparation of risk management recommendations [environmental risks assessed or being assessed %].	100	Completed risk assessments of environmental impact and management advice for 250 chemicals and seven genetically modified organisms with 95% provided within timeframe.
Application of effective import and export licensing and quota systems for ozone depleting substances and synthetic greenhouse gases, and implementation of end-use controls to minimise emissions of ozone depleting substances and synthetic greenhouse gases: permits assessed within statutory timeframes [%] alleged breaches investigated or under investigation [%].	95 100	100% 100%

Outcome 2, program 2.1

Key Performance Indicators (KPIs)

KPIs	PBS Target	Results
Implementation of National Waste Policy: Implementation Plan is agreed by Environment Protection and Heritage Council (EPHC). Milestones outlined in the Implementation Plan are achieved.	Yes Yes	EPHC endorsed the National Waste Policy Implementation Plan on 5 July 2010. Met or meeting major policy outcomes.
Product Stewardship Framework legislation established.	Yes	See case study 1 Product Stewardship Act 2011.
Transport fuels supplied in Australia assessed that meet legislated quality standards [%].	95	97%
Volume of used oil recovered for re-use under the Product Stewardship (Oil) Act 2002 (three year average) [megalitres]	>250	269 megalitres were recovered in 2010–11. The three year average was also 269 megalitres.
Ambient concentrations of key air pollutants comply with all national air quality standards [%].	95	All key pollutants, except ozone and particles on occasions, complied with National Environment Protection Measures standards in major urban airsheds.
National Pollutant Inventory published annually by statutory date of 31 March.	Yes	The annual publication of National Pollutant Inventory data was successfully completed by 31 March.
Assessments of chemicals and genetically modified organisms undertaken [#]. Chemicals assessed under service level agreements [#].	Approx 250	Yes
Genetically modified organisms assessed within statutory timeframes [%].	95	Yes
Assessments of chemicals and genetically modified organisms undertaken [#] chemicals assessed under service level agreements.	12	Yes
Use of ozone depleting substances and emissions of synthetic greenhouse gases—Montreal Protocol obligations met and data provided for National Greenhouse Gas Inventory.	Yes	Yes

Resources

The following resources relate to information referred to in Outcome 2, Sustainable Environment.

Air quality www.environment.gov.au/atmosphere/airquality/pollutants

Environment Protection and Heritage Council www.ephc.gov.au/news

Hazardous waste www.environment.gov.au/settlements/chemicals/hazardous-waste

Ozone www.environment.gov.au/atmosphere/ozone

Primary teaching resources www.npi.gov.au/teachers/teachers-primary

Reducing pollution www.npi.gov.au/reduce

State of the Air in Australia 1999–2008 www.draft.environment.gov.au/atmosphere/publications/state-of-the-air

The National Pollutant Inventory www.npi.gov.au/

Waste policy www.environment.gov.au/wastepolicy/about

Plastic recycling at Visy Recycling Centre in Hume, ACT. (Visy Recycling Centre)

outcome 2

sustainable environment
Legislation

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

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Hazardous Waste Act) enables Australia to meet its obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Basel Convention regulates the international movements of hazardous wastes.

The Basel Convention was developed by the United Nations Environment Programme and adopted on 22 March 1989. Australia ratified the convention on 5 February 1992 and it came into effect on 5 May 1992. The convention imposes two kinds of obligations on members. Members are required to:

• 
  control the export and import of hazardous and other wastes (other wastes being household wastes or incinerator residues); provide for notification and consent, as required by the Basel Convention, and track shipments to environmentally sound disposal
  
• 
  minimise the movement and generation of hazardous and other wastes and ensure that hazardous wastes are disposed of in an environmentally sound manner.
  

Battery recycling area Mugga Lane Recycling Depot, ACT.

Purpose

The purpose of the Hazardous Waste Act is to regulate the export, import, transit and disposal of hazardous waste.

Operation

Permits

In 2010–11 the department processed 33 applications for permits to import and export hazardous wastes (18 exports, 12 imports and three transits). From these applications, 24 permits were granted, no applications were refused, two were withdrawn and seven were still to be resolved as at 30 June 2011.

All permit applications were processed within the statutory time frames.

The most comprehensive source for permit applications and decisions under the Hazardous Waste Act is provided in the Australian Government Gazette.

Freedom of information

One request was received under the Freedom of Information Act 1982, which was subsequently withdrawn.

Administrative Appeals Tribunal

One 2009–10 application under section 57 of the Hazardous Waste Act, for review of a decision made by the minister was upheld by the Administrative Appeals Tribunal.

Reporting

The annual report on the details of the transboundary movements of hazardous wastes from Australia was provided to the Secretariat of the Basel Convention.

Financial information

For the purposes of section 32 of the Hazardous Waste Act, there are prescribed fees for the lodgment of permit applications.

This year income from fees totaled $11 630.