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 22 January 2014, permit AUH134439R 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 (TWS), (ABN: 41 144 819 045) Suite 12, 3rd floor, Galleria Building, 33 Salamanca Place, Battery Point, TAS 7004 (Telephone 61 3 6223 2000 Facsimile 61 3 6223 4477).
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 18.3 tonnes of solid wastes and up to 14 000 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 April 2014.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection Branch
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 granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which was enacted by the Commonwealth Parliament, addresses the issue of the transboundary movement of hazardous waste and its disposal. The Act was established to regulate the import of hazardous waste into Australia, ensuring that such imports are managed in a manner that protects human health and the environment. The policy objective is to control the import of hazardous waste, thereby preventing improper disposal and ensuring compliance with international agreements like the Basel Convention. In the case of permit AUH134439R, issued on 22 January 2014, the permit allows for the importation of a mixture of hazardous waste materials from France to Australia, with specific conditions governing the transport, handling, and disposal of the waste. This legislative framework is critical in maintaining stringent controls over the import of hazardous substances, thereby safeguarding environmental and public health.
Scope and Application
The Basel Import Permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Institut Polaire Français - Paul Emile Victor (IPEV) and its appointed agent, Tasmanian Worldwide Shipping (TWS), as outlined in the notice of decision. This Act regulates the export and import of hazardous waste, ensuring compliance with international agreements under the Basel Convention. The permit specifically pertains to the importation of a mixture of recyclable plastic, rinsate from hydrocarbon-containing drums, unrinsed steel and glass containers, petrochemical residues in steel drums, and various types of waste oil and solvents, with a total weight and volume specified in the permit. The waste is to be transported via ship and land to designated facilities in Tasmania for sorting, followed by further transportation to disposal sites in Tasmania and Victoria. The permit is subject to conditions and is valid for transboundary movements completed by 1 April 2014. The Act applies nationally, covering all hazardous waste imports into Australia, with potential for conditions and terms to be further defined through subordinate instruments. The legislation provides avenues for appeal and review of the decision through the Administrative Appeals Tribunal.
Key Provisions
The Basel Import Permit, issued under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, grants Institut Polaire Français - Paul Emile Victor (IPEV) permission to import a specific mixture of hazardous wastes into Australia. The permit, numbered AUH134439R, details the types and quantities of waste to be imported, including compacted recyclable plastic, rinsed and unrinsed containers, petrochemicals, sump oil, hydraulic oil, and non-halogenated organic solvents, with a total weight of up to 18.3 tonnes of solid wastes and 14,000 litres of liquid wastes. The waste will be transported in up to five shipments from the French Antarctic station to Hobart, Tasmania, and then to disposal facilities in Tasmania and Victoria.
Entities governed by the Act must adhere to stringent requirements outlined in the Basel Import Permit, including the method of transport, storage, and final disposal of the waste. The permit specifies that all waste must be transported by ship and land to designated facilities, where it will be sorted and separated before being transported to disposal sites. The permit is subject to specific conditions that must be met to ensure the safe and environmentally sound management of the waste. Failure to comply with these conditions can result in legal consequences.
Violations of the conditions set out in the permit, or any other breach of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, may result in significant penalties. The Act provides for both civil and criminal penalties, including fines and imprisonment. The exact penalties can vary depending on the severity of the breach and the specific provisions of the Act that are contravened. It is important for all parties involved to strictly adhere to the conditions of the permit and the requirements of the Act to avoid these consequences.