The department continued to strengthen its enforcement activities and acted in cooperation with the Australian Customs and Border Protection Service to prevent illegal traffic in hazardous waste.
Those with information that may be helpful in stopping illegal exports can contact the department’s hazardous waste unit by calling 1800 803 772 or emailing hwa@environment.gov.au.
Freedom of Information
The department provided information for one request under the Freedom of Information Act 1982.
Administrative Appeals Tribunal
In 2011–12, two applications were made to the Administrative Appeals Tribunal for the review of decisions not to grant a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. One was withdrawn by the applicant, while another was adjourned by the Administrative Appeals Tribunal, at the request of the applicant, until August 2012.
Reporting
This section fulfils the reporting requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 61) for the period 1 July 2011 to 30 June 2012.
An annual report on the implementation of the Basel Convention by Australia was submitted to the Secretariat of the Basel Convention during 2011–12. National reporting under the Basel Convention is on a calendar year basis. Published reports are available on the Basel Convention’s website at .
Monitoring and evaluation
The department is undertaking a review of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and Regulations to ensure that Australia effectively and efficiently meets its international obligations and national policy objectives for managing hazardous substances, hazardous wastes and other wastes.
An issues paper was released by the department on 14 June 2012 for public consultation to seek feedback from stakeholders on issues that should be addressed in the review. Submissions closed on 12 July 2012. Twelve submissions were received from stakeholders. Following consideration of stakeholder feedback the department will prepare a consultation paper, anticipated for release in the second half of 2012, to undertake a more detailed discussion and analysis of issues.
Section 32 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 prescribes fees for the lodgement of permit applications. This year’s income from fees totalled $14,890.
Committees
Section 58E of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires that the minister must establish a committee, to be known as the Hazardous Waste Technical Group, which may be called upon to advise on technical issues associated with the operation of the Act. The Hazardous Waste Technical Group did not meet during 2011–12 as there were no technical issues associated with the operation of the Act that required the group’s advice.
Additional information
Information on the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and its operation is available at .
Permit applications and decisions under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 are published in the Commonwealth Gazette, available at .
Operation of the Fuel Quality Standards Act 2000
The Fuel Quality Standards Act 2000 is the legislative basis for national fuel quality and fuel quality information standards for Australia. The Fuel Quality Standards Act 2000 regulates the quality of fuel supplied in Australia and ensures that, where appropriate, information about fuel is provided at the point at which the fuel is supplied.
Fuel quality standards exist for petrol, automotive diesel, biodiesel and liquefied petroleum gas (autogas). A fuel quality information standard exists for ethanol, when blended with petrol.
The Fuel Quality Standards Act 2000 sets out criminal and civil penalties for non-compliance with Australian fuel quality standards. The department’s monitoring, compliance and enforcement team takes fuel samples for testing against the appropriate standard and investigators take any necessary enforcement action. For example, the department may negotiate an enforceable undertaking, or seek an interim or permanent injunction from the Federal Court.
The Fuel Standards Consultative Committee is an advisory body to the minister on fuel matters. The committee was established under the Fuel Quality Standards Act 2000 and the minister appoints members from each state and territory, the Australian Government and various organisations with interests in fuel production and supply, vehicle manufacturing, consumer concerns and environmental protection.
When a state or territory has fuel quality standards in place, the Australian Government standards operate concurrently. State or territory standards apply when they regulate a fuel characteristic not covered by the Australian Government standards.
The minister may vary fuel standards on a short-term basis and for longer periods after consultation with the committee.
The minister must keep a Register of Prohibited Fuel Additives. There are currently no entries on the register.
Under the Fuel Quality Standards Act 2000, fuel suppliers must keep appropriate records and provide annual statements to the department.
Purpose of the Act
The purpose of the Fuel Quality Standards Act 2000 is to regulate the quality of fuel in Australia to:
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reduce the level of pollutants and emissions arising from the use of fuel that may cause environmental and health problems
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facilitate the adoption of better engine and emission control technology and allow for more effective operation of engines
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ensure that appropriate information about fuel is provided when it is supplied to the public.
The Fuel Quality Standards Regulations 2001 cover:
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regulation of fuel and fuel additives
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operations of the committee
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publication of notices about entries in the Register of Prohibited Fuel Additives
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enforcement
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record keeping and reporting obligations.
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