NOTICE OF DECISION TO GRANT A PERMIT UNDER THE HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) ACT 1989
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notice is given that Waigani import permit AUH16-014 was granted to Toxfree Australia Pty Ltd (ACN 127 853 561), 42 Heather Street, Heatherbrae, NSW 2324 (Telephone +61 2 4987 7022; Facsimile +61 2 4987 7622).
The particulars of the permit are as follows:
(i) the hazardous waste to be imported is oily water (Basel Code: A4060); and
(ii) the maximum quantity of the waste that may be imported is 300,000 litres; and
(iii) the waste is to be transported by sea from Port Moresby direct to the Port of Brisbane and then by road for treatment at one of the following facilities:
(a) Toxfree Australia Pty Ltd at 8-12 Krypton Street, Narangba, QLD 4504 where the waste is to undergo operation D9 – Physico-chemical treatment. The solid fixated waste will then be sent by road to the landfill facility operated by Remondis Australia Pty Ltd, Swanbank Road, Swanbank, QLD 4306 to undergo operation D1 – Deposit into or onto land; or
(b) Transpacific Industries Group Ltd at 26-32 Potassium Street, Narangba, QLD 4504 where the waste is to undergo operations D9 – Physico-chemical treatment and R3 – Recycling/reclamation of organic substances which are not used as solvents. The solid waste residues will then be sent by road to the landfill facility operated by Transpacific Industries Group Ltd at 100 Chum Road, New Chum, QLD 4303 to undergo operation D1 – Deposit into or onto land.
(iv) no shipment is authorised under this permit before the date below or after twelve (12) months from that date.
The permit includes and is subject to conditions.
Peter Brisbane
Delegate of the Minister
Chemicals and Waste Branch
Department of the Environment
3 June 2016
Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this decision may, within 28 days, make an application in writing to the Department of the Environment requesting the reasons for the decision.
An application for independent merits review of the decision may be made to the Administrative Appeals Tribunal on payment of the relevant fee by the applicant within 28 days of receipt of the reasons for the decision, or within 28 days of this notice if the reasons for the decision are not sought. Applications should be made to the Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.
Further information or enquiries relating to the decision should be directed to:
Director, Hazardous Waste Section
Department of the Environment
GPO Box 787
CANBERRA ACT 2601
Telephone 1800 803 772, Facsimile (02) 6274 1164, or by email at hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the problem of the improper export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The Act aims to regulate the export and import of hazardous waste by imposing stringent controls and requirements on those involved in such activities, thereby preventing potential harm from the transboundary movement of hazardous waste. The policy objective of the Act is to protect Australia's environment and human health from the risks associated with hazardous waste, while also ensuring that the export and import of such waste are conducted in a manner that is consistent with international obligations and best practices.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity engaged in the export or import of hazardous waste within Australia and its territories. This includes businesses, operators, and individuals involved in the transportation, treatment, or disposal of hazardous waste. The Act’s jurisdictional reach is national, overseen by the Commonwealth government. The permit granted under this Act, AUH16-014, specifically applies to Toxfree Australia Pty Ltd for the import of a defined quantity of oily water, subject to stringent conditions regarding the transportation, treatment, and disposal of the waste. The permit allows for the importation of up to 300,000 litres of oily water from Port Moresby to the Port of Brisbane, with subsequent treatment and disposal operations in Queensland. Notably, the permit is time-bound, authorising the shipment only within a specified period of twelve months from the date of grant. This legislative framework ensures that hazardous waste is managed in a manner that minimises risks to human health and the environment.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 mandates the notification of the decision to grant a permit for the import of hazardous waste. In this case, Waigani import permit AUH16-014 has been issued to Toxfree Australia Pty Ltd, allowing the import of up to 300,000 litres of oily water, classified under Basel Code A4060. The waste must be transported by sea from Port Moresby to the Port of Brisbane and then by road for treatment. The permitted facilities for treatment are Toxfree Australia Pty Ltd, where the waste will undergo physico-chemical treatment (D9), or Transpacific Industries Group Ltd, where it will undergo physico-chemical treatment (D9) and recycling/reclamation of organic substances (R3) which are not used as solvents. The solid waste residues from both treatment processes will be transported to respective landfill facilities for deposition into or onto land (D1).
The permit imposes specific obligations on Toxfree Australia Pty Ltd and Transpacific Industries Group Ltd, ensuring that the hazardous waste is handled, transported, and treated in accordance with the conditions outlined in the permit. This includes adhering to the specified treatment processes and ensuring that any solid waste residues are appropriately managed. The entities must also ensure that the waste is not shipped before the permit's effective date or after twelve months from that date. Additionally, the permit is subject to certain conditions that may further regulate the import, treatment, and disposal of the hazardous waste.
Breach of the conditions outlined in the permit may result in various consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, failure to comply with the terms of the permit may be considered an offence. This could lead to civil or criminal penalties, including fines and potential imprisonment. The exact penalties depend on the severity and nature of the breach but are intended to enforce compliance with the hazardous waste management regulations and protect environmental and public health.