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 2 February 2015, permit AUH147039R was granted to Institut Polaire Français - Paul Emile Victor (IPEV), Technopôle Brest-Iroise, BP 75-29280, Plouzané, France, through their appointed agent, Tasmanian Worldwide Shipping (TWWS), (ABN: 41 144 819 045) Suite 12, 3rd floor, Galleria Building, 33 Salamanca Place, Battery Point, TAS 7004.
The particulars of the permit are as follows:
(a) the waste to be imported is a mixture of the following materials:
compacted recyclable plastic; rinsed plastic drums and tanks with traces of hydrocarbons; rinsate from drums and tanks that contained hydrocarbons; unrinsed steel food cans, steel-aluminium beverage cans and glass bottles; compacted empty 200 L steel drums which contained petrochemicals and may contain residues of petrochemicals; waste sump oil; waste hydraulic oil; and waste non-halogenated organic solvents;
(b) the total quantity of the waste is up to 25.3 tonnes of solid wastes and up to 17 000 litres of liquid wastes;
(c) the waste is to be imported in up to 5 shipments with the following method of transport:
(i) by ship, on the vessel MPV L’Astrolabe, from the French Antarctic station, Dumont d’Urville, Adélie Land in the French Southern and Antarctic Territory to Hobart, Tasmania;
(ii) then by land to the facility operated by TWWS at Macquarie Wharf No.3, Hunter Street, Hobart (the TWWS facility);
(iii) after sorting and separation at the TWWS facility, the hazardous wastes are to be transported by land and sea to disposal facilities in Tasmania and Victoria; and
(d) no shipments are to take place prior to the date below and all transboundary movements of the wastes must be completed by 1 November 2015.
The permit includes and is subject to conditions.
Declan O’Connor-Cox
Acting Assistant Secretary
Waste Policy Branch
2 February 2015
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, see under Commonwealth Government Section in the White Pages. Further information or 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; E-mail hwa@environment.gov.au
Overview
The Basel Import Permit Notice issued under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, is a formal announcement regarding the approval of permit AUH147039R granted to Institut Polaire Français - Paul Emile Victor (IPEV), through their appointed agent, Tasmanian Worldwide Shipping (TWWS). This Act was enacted in 1989 to regulate the transboundary movement of hazardous waste and other wastes, ensuring that such movements are managed in a manner that protects human health and the environment. The legislation was introduced to address the need for stringent controls on hazardous waste imports to prevent environmental damage and public health risks. The grant of this specific permit aims to facilitate the import of mixed hazardous waste from the French Antarctic station to Australia under strict conditions that safeguard against environmental harm. The decision to grant the permit was made by the Acting Assistant Secretary of the Waste Policy Branch, Declan O'Connor-Cox, on 2 February 2015.
Scope and Application
The Basel Import Permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies specifically to Institut Polaire Français - Paul Emile Victor (IPEV) and their appointed agent, Tasmanian Worldwide Shipping (TWWS). This permit regulates the importation of a defined mixture of hazardous waste materials, including compacted recyclable plastic, rinsed and unrinsed containers, waste oils, and non-halogenated organic solvents. The waste is to be transported from the French Southern and Antarctic Territory to facilities in Tasmania, with subsequent disposal in Tasmania and Victoria. The permit allows for up to five shipments and specifies that the total quantity of the waste is up to 25.3 tonnes of solid wastes and up to 17,000 litres of liquid wastes. The permit is subject to specific conditions and the waste must be moved in accordance with the permit's terms and conditions, with all transboundary movements completed by 1 November 2015. The Act applies at a Commonwealth level and extends to all hazardous waste imports regulated under its provisions, with potential for further regulation through subordinate instruments.
Key Provisions
The Basel Import Permit, granted under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifies the conditions under which hazardous waste can be imported into Australia. This particular permit, AUH147039R, was issued to Institut Polaire Français - Paul Emile Victor (IPEV) through their appointed agent, Tasmanian Worldwide Shipping (TWWS). The permit authorises the importation of up to 25.3 tonnes of solid waste and up to 17,000 litres of liquid waste, which includes a variety of materials such as compacted recyclable plastic, rinsed and unrinsed containers, and various types of waste oils and solvents. The waste is to be transported in up to five shipments, initially by ship to Hobart, Tasmania, and subsequently by land to a TWWS facility where it will be sorted and then transported to disposal facilities in Tasmania and Victoria.
Entities granted a permit under this Act are subject to a number of obligations. They must ensure that the waste is transported and disposed of in accordance with the conditions outlined in the permit. This includes adherence to the specified method of transport and ensuring that all waste is properly sorted and separated at the TWWS facility before being sent to the disposal sites. Additionally, the permit holders are required to notify the Department of the Environment of any changes to the details of the waste or the transportation method and to comply with any additional conditions imposed by the permit.
Failure to comply with the conditions of the permit or the provisions of the Act can result in significant legal consequences. Offences under the Act may be subject to both civil and criminal penalties. For example, knowingly making a false or misleading statement in an application for a permit could result in a criminal penalty of up to five years imprisonment or a fine of up to $66,000, or both. Similarly, contravening a condition of a permit may also attract criminal penalties, including imprisonment for up to five years or fines of up to $66,000. Additionally, civil penalties may be imposed for breaches of the Act, which could include substantial fines and orders for remediation of any environmental harm caused by the breach. The specific penalties depend on the nature and severity of the breach, but the Act provides for significant deterrents against non-compliance.