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 11 July 2014, permit number AUH149994V 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 (A4020);
(b) the quantity of the waste to be imported is a maximum of 75 000 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 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 12 months from that date.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection 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, see under 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 issued by the Australian Government to address the need for stringent control and regulation over the import of hazardous waste into the country. Enacted by the Australian Parliament, the Act was designed to ensure that hazardous waste is managed in a manner that protects human health and the environment. This particular notice pertains to a permit granted to Ace Waste Pty Ltd for the import of clinical waste from New Zealand, subject to specific conditions aimed at mitigating environmental and health risks. The policy objective behind the Act is to prevent the import of hazardous waste that could not be adequately managed in Australia, thereby aligning with international standards set by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.
Scope and Application
The Basel Import Permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies specifically to Ace Waste Pty Ltd, identified by its Australian Business Number 79 010 750 839, with the permit allowing for the importation of a defined quantity of clinical waste from specified ports in New Zealand to a facility located in Willawong, Queensland. This legislation ensures that the import of hazardous waste is managed in a manner that safeguards environmental and public health, with the permit covering the transportation, handling, and ultimate disposal of the waste through incineration. The jurisdictional reach of this Act is national, as it is a Commonwealth Act, but the permit applies within the defined parameters of the import and disposal operations specified. The permit is subject to conditions and includes restrictions on the timing and method of waste importation, as well as the disposal process. There are no explicit exclusions or exemptions mentioned in the notice, but the conditions attached to the permit likely cover necessary safeguards and compliance requirements. The application and enforcement of the Act may also extend through subordinate instruments, which would provide further detail on the operational and procedural aspects of hazardous waste management.
Key Provisions
The notice provided under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 indicates that Ace Waste Pty Ltd has been granted a Basel Import Permit (AUH149994V). This permit, effective from 11 July 2014, authorises the import of a specified quantity of clinical waste, up to a maximum of 75,000 kilograms, into Australia. The waste will be transported by sea from New Zealand ports to the port of Brisbane and then by road to Ace Waste's facility in Willawong, Queensland. The waste disposal method authorised under this permit is incineration on land, with the operation identified as D10. This permit is valid for one year from the date of issuance and does not allow any shipments before or after this period.
Entities governed by the Act must adhere to a number of obligations and requirements to ensure compliance with environmental regulations. These include providing accurate and detailed information about the waste, its origin, and the intended disposal method. They must also ensure that all waste is transported and disposed of in accordance with the permit conditions, including the use of specified methods and facilities. The entities must keep detailed records of all shipments and disposal activities, which may be subject to inspection by relevant authorities. Additionally, any changes to the conditions of the permit or the waste disposal process must be reported to and approved by the Department of the Environment.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties and legal consequences. Offences under the Act may include the unauthorised importation or disposal of hazardous waste, failure to comply with permit conditions, or providing false or misleading information. Penalties for breaches can include substantial fines, with the maximum penalty varying depending on the severity and circumstances of the offence. In addition to financial penalties, individuals or entities found in breach of the Act may also face criminal charges, which could lead to imprisonment. Furthermore, the Department of the Environment has the authority to revoke or suspend permits in cases of non-compliance, which can severely impact the operations of the affected entities.