Notice of Decision to Grant a Basel Import Permit to Sterihealth to import clinical waste from New Zealand

Overview

The Basel Import Permit issued under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 aims to regulate the importation of hazardous waste into Australia, ensuring it is managed safely and sustainably. Enacted by the Australian Parliament, the Act addresses the need to control and monitor the import of hazardous materials, particularly those that could pose risks to human health and the environment. This legislation was introduced to fill a gap in the regulation of hazardous waste imports, providing a framework that aligns with international standards set by the Basel Convention. The policy objective of the Act is to protect Australia's environment and public health by ensuring hazardous waste is managed in a manner that minimises potential risks.

Scope and Application

The Basel Import Permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Sterihealth Limited, a company based in Laverton North, Victoria, identified by its Australian Business Number (ABN) 83 060 871 249. The permit is specifically for the importation of clinical and related waste, limited to a maximum quantity of 150,000 kilograms, with stringent conditions governing its transportation and disposal. This Act governs the import and export of hazardous waste within Australia, ensuring compliance with international standards, particularly those set by the United Nations Committee of Experts on the Transport of Dangerous Goods. The permit is subject to Commonwealth jurisdiction, extending its reach across state and territory borders, ensuring a unified approach to hazardous waste management. The permit allows for up to twenty shipments of the hazardous waste by sea from Auckland, New Zealand, to Melbourne, Victoria, and subsequently by road to the Sterihealth facility in Laverton North, Victoria, for incineration on land. The permit stipulates a timeframe for shipments, prohibiting any before 19 July 2014 and mandating completion within twelve months from that date. Affected persons or entities can seek reasons for the permit decision and apply for an independent review by the Administrative Appeals Tribunal within specified timelines.

Key Provisions

The Basel Import Permit granted under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 allows Sterihealth Limited to import a specific type of hazardous waste, namely clinical and related waste, into Australia. The permit, numbered AUH148280E, limits the quantity of waste that can be imported to a maximum of 150,000 kilograms. The waste must be transported and packed in compliance with the recommendations of the United Nations Committee of Experts on the Transport of Dangerous Goods. The import is planned to occur in up to twenty shipments, with the waste arriving by sea from Auckland, New Zealand, to Melbourne, Victoria, and then being transported by road to Sterihealth's facility in Laverton North, Victoria. Once imported, the waste is to be disposed of at the Sterihealth facility using a specific disposal operation known as D10 – Incineration on land. The shipments are authorized only between 19 July 2014 and twelve months from that date. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes several obligations on Sterihealth Limited and other parties involved in the import process. Sterihealth must ensure that the hazardous waste is transported and packed in accordance with the United Nations Committee of Experts on the Transport of Dangerous Goods' recommendations. This includes adhering to specific guidelines and requirements for the safe and secure handling of hazardous materials during transit. Additionally, the waste must be imported within the specified timeframe, starting from 19 July 2014 and ending twelve months later. Any deviation from these conditions could result in non-compliance with the permit and potential legal repercussions. The Act also stipulates that any breaches of the permit conditions could result in significant legal consequences. While the notice does not explicitly detail the penalties for non-compliance, breaches of hazardous waste regulations typically carry substantial fines and potential imprisonment. Under Australian law, particularly in the context of environmental regulations, violations can lead to enforcement actions by the relevant authorities. These actions might include the imposition of fines that can be significant, depending on the severity and impact of the breach. Additionally, individuals or entities found to be in breach of hazardous waste regulations could face criminal charges, which might result in imprisonment if convicted. Furthermore, the notice informs affected parties that they have the right to request reasons for the decision to grant the permit within 28 days of the notice. This provision allows for transparency and accountability in the regulatory process, enabling stakeholders to understand the basis for the decision. Additionally, there is an option for an independent review of the decision by the Administrative Appeals Tribunal, which can be initiated by submitting an application within 28 days of receiving the reasons for the decision or within 28 days of the notice if the reasons are not sought. This review process ensures that affected parties have a mechanism to challenge the decision if they believe it to be unjust or improperly made.