NOTICE OF DECISION TO GRANT A BASEL IMPORT 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 on 21 September 2015, permit number AUS15-020 was granted to Ace Waste Pty Ltd (Ace Waste) (ABN 79 010 750 839), 491 Gooderham Road, Willawong, Queensland 4110 (Telephone + 61 7 3372 6666; Facsimile + 61 7 3372 3777).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is clinical waste (Basel code A4020);
(b) the quantity of the waste to be imported is a maximum of 120 000 kilograms;
(c) the method of transport by which the waste is to be imported in multiple shipments is:
(i) by sea from the ports of Auckland, Wellington, Tauranga and Christchurch, New Zealand to the port of Brisbane in Australia;
(ii) by road from the port of Brisbane to Ace Waste’s facility located at 491 Gooderham Road, Willawong, Queensland 4110;
(d) the waste is to be disposed of at the Ace Waste facility by disposal operation D10 – Incineration on land;
(e) no shipment is authorised under this permit before the date above or after twelve (12) months from that date.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment
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 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 Deputy Registrar, Administrative Appeals Tribunal in your capital city, as listed under the Commonwealth Government Section in the White Pages. Further enquiries 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 E-mail at hwa@environment.gov.au.
Overview
The Basel Import Permit Notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the importation of hazardous waste into Australia, ensuring that such imports are managed safely and in compliance with international standards set by the Basel Convention. The Act was introduced to address the problem of unregulated and potentially harmful imports of hazardous waste, which could pose risks to human health and the environment. The legislation is overseen by the Australian Parliament, with the policy objective of protecting public health and the environment by controlling the transboundary movement and disposal of hazardous wastes. The notice details a specific permit granted to Ace Waste Pty Ltd for the importation of clinical waste, subject to stringent conditions aimed at ensuring safe handling and disposal.
Scope and Application
The Basel Import Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies specifically to Ace Waste Pty Ltd, a company with an Australian Business Number of 79 010 750 839, based in Willawong, Queensland. The permit pertains to the importation of a specific type of hazardous waste, namely clinical waste identified by Basel code A4020, with a maximum quantity of 120,000 kilograms. This waste is to be transported by sea from designated New Zealand ports to the port of Brisbane, Australia, and subsequently by road to Ace Waste's facility in Willawong, Queensland. The final disposal method specified in the permit is incineration on land. The permit is time-bound, authorising no shipments before 21 September 2015 or after twelve months from that date. The permit is subject to specific conditions, and it is regulated at the Commonwealth level, with oversight from the Department of the Environment. Individuals or entities affected by the decision can seek reasons for the decision or apply for an independent review within specified timeframes as outlined in the Administrative Appeals Tribunal Act 1975.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 mandates that any grant of a Basel import permit be publicly notified, as demonstrated by the notice issued on 21 September 2015. The permit, numbered AUS15-020, was granted to Ace Waste Pty Ltd, specifying the import of clinical waste (Basel code A4020) up to a maximum of 120,000 kilograms, transported by sea from New Zealand to Australia and then by road to Ace Waste's facility in Willawong, Queensland. The waste will be disposed of through incineration on land, with the permit valid for twelve months from the issuance date. This notification includes specific conditions that govern the import and disposal process.
The Act imposes several obligations on Ace Waste Pty Ltd. Firstly, they must adhere to the specified waste type, quantity, and method of transport as outlined in the permit. They must ensure that the clinical waste is transported and disposed of in accordance with the conditions set forth, which includes the use of the incineration method at their facility. Additionally, Ace Waste must comply with any additional conditions attached to the permit, which may include reporting requirements, monitoring, and maintaining records of the waste import and disposal activities.
Breaches of the Act or the conditions of the permit may lead to various consequences. Under the Act, non-compliance could result in the permit being revoked, preventing further imports. There may also be civil penalties, which could include fines, as well as potential criminal penalties for more serious violations. The maximum penalties for offences under the Act can vary depending on the specific breach, but they are designed to enforce compliance and protect public health and the environment. It is imperative that Ace Waste adheres strictly to the terms of the permit to avoid these consequences.