chemical conventions handbook

Step

Scenario Response

Comment

Check to see if car batteries constitute hazardous waste under the government’s environment legislation

She finds that there is no list for hazardous wastes under their environment legislation

It would be a good idea to start building a list of hazardous wastes and to legislate this list

Check to see if the batteries can be classified as controlled wastes under the Waigani Convention

She finds that they contain lead

Lead is classified as controlled waste: Y31 – {Lead, lead compounds}

Check to see if the batteries exhibit hazardous characteristics

She finds that they contain corrosive substances because of the acid

As the batteries contain acid they are classified as H8 Corrosives {Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or, in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards.}

Notify the exporter that the batteries constitute hazardous waste

She notifies Mr Buggerup and tell him that he will need approval to export them

Notify the exporter to place the batteries in safe storage until they are exported

This is part of the requirements for environmentally sound management of wastes

Provide the exporter with a Waigani Notification Form

She sends Mr Buggerup a Notification Form and assists him in filling out this form.

The Competent Authority i.e., the Environment Department in this case, has the ultimate responsibility for ensuring that the Notification form is filled out correctly. The Competent Authority can delegate this responsibility to the exporter, but it is wise to check that this has been done properly.

Ensure that the exporter fills out the form properly

She checks that he has filled out all the sections

Key aspects of the Notification Form include:

·         the reason for the export,

·         the exporter,

·         the generator,

·         the site of generation and the process by which the wastes are generated,

·         the nature of the wastes and their packaging

·         the intended itinerary,

·         the site of disposal,

·         the disposer,

the method of disposal as per Annex IV

Check carefully proposed route of the waste shipment as indicated in the Notification Form as see whether the waste shipment transits through the Economic Exclusive Zones of any country.

She checks the Notification Form and finds that the waste shipment will pass through the EEZ of:

i)                     another Pacific Island Developing Country (Vanuatu)

ii)                   a Non Party EEZ (New Caledonia)

All transit countries need to be notified of the waste shipment and their approval sought.

Determine whether the country of import is:

i.                     An “Other Party” under the Waigani Convention

ii.                   A Non-Party under the Waigani Convnetion

She checks her list of Parties to the Waigani Convention, on the SPREP website. She finds that the country of import (Australia) has ratified the Waigani Convention.

“Other Parties” are the only countries Pacific Forum countries which are allowed to accept waste from Pacific Island Developing Countries under the Waigani Convention. Currently, the only two “Other Parties” are Australia and New Zealand.

If it is found that the proposed country of export is a Non-Party, the focal point has the option of:

i.                     refusing the export to that country

ii.                   entering into a bilateral agreement with that country, so long as this agreement is consistent with the objectives of the Waigani Convention

Check that the “Other Party” has adequate treatment and disposal facilities for the environmentally sound management of the batteries

She contacts the environment department in Australia and checks whether there are appropriate facilities for the appropriate treatment of batteries.

The onus is on the country of export to ensure that the waste will be treated in an environmentally sound manner in the country of import.

Check that Notification documents are sent to the importing country (Australia) and the two transit countries, Vanuatu and New Caledonia.

She checks that Mr Buggerup has sent Notification documents to all countries.

Even though New Caledonia is a Non-Party it must be sent a Notification document.

Check that all countries concerned:

i)                     Importing Party (Australia)

ii)                   Transit Non-Party (New Caledonia)

iii)                  The Transit Party (Vanuatu)

have acknowledged receipt of the Notification.

Ms Eli checks with Mr Buggerup after the appropriate period of time that each of these countries has acknowledged receipt of the Notification.

The Importing Party, (Australia) and the Transit Party (Vanuatu) have fourteen days to acknowledge receipt of the Notification. The Non-Party Transit country (New Caledonia) does not have a time limit on responding.

Check that all countries concerned have given written consent to the transport of the waste.

Ms Eli checks with Mr Buggerup to see if they have given consent and whether there are any conditions on this consent.

The Importing Party and the Transit Party have sixty days after issuing their acknowledgement of receipt of the Notification to consent with or without conditions or deny permission for the movement of the waste.

Check that there is a contract between the exporter and disposer specifying that wastes will be managed in an environmentally sound manner.

Ms Eli checks with Mr Buggerup that he has a contract with the company that is receiving the waste in Australia and that contract specifies that the wastes will be managed in an environmentally sound manner.

The Convention states that environmentally sound management means taking all practical steps to ensure that the hazardous wastes are managed in a manner that will protect human health and the environment against the adverse effects that may result from such wastes.

Check whether the Importing Party of the Transit Party requires that the waste shipment be covered by insurance

Ms Eli checks the written consents to see if insurance is required. In this case Vanuatu requires insurance

The shipment must be covered by insurance if so required by any Transit Party or importing Party.

Check whether insurance has been taken out for the waste shipment.

Ms Eli asks Mr Buggerup for written confirmation that he has taken out appropriate insurance for the waste shipment

The Waigani Convention says that the Transit or Importing Party shall determine what sort of insurance they require from the exporter.

Check that all wastes are appropriately packaged and labelled before they are exported.

Ms Eli checks with Customs to see whether the batteries are appropriately packaged and labelled.

The labelling should include the Y number and UN number and its composition and information on any special handling requirements including emergency provisions in case of accidents.

Check that the wastes are accompanied by a Movement Document

Ms Eli checks that Mr Buggerup has filled out the appropriate Movement Document

The Movement Document has similar information to the Notification Document. Each person that takes charge of the transboundary movement of the hazardous waste must sign it, upon delivery or receipt.

Check that the waste has arrived safely and that there has been not accident on the way.

Ms Eli checks with Mr Buggerup to ensure that the waste has arrived safely and without incident.

If there has been an accident, the focal point should notify the Secretariat of the Waigani Convention (SPREP).

Check that the wastes have been disposed of in the appropriate manner.

Ms Eli should receive from the disposer of the batteries in Australia, notification that the wastes have been disposed of in the appropriate manner. If she doesn’t receive this information she should inform the Importing Party i.e. the environment department in Australia.

The disposer must notify both the exporter (Mr Buggerup) and the Competent Authority (Ms Eli) that the wastes have been disposed of in the appropriate manner as indicated in the original Notification Document.