NOTICE OF DECISION TO GRANT A BASEL TRANSIT 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 November 2013, permit number AUH314131O was granted to
RCN E-Waste, 2 Piermark Drive, Albany, Auckland in New Zealand (Telephone +64 9 413 8533;
Fax: +64 415 8536).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is electronic waste;
(b) the quantity of the waste to be transited is a maximum of 1500 tonnes;
(c) at all times involving transfer and transportation, the waste must be packed and transported according to the applicable regulations and/or requirements based on the United Nations Committee of Experts on the Transport of Dangerous Goods ‘Recommendations on the Transport of Dangerous Goods’;
(d) the waste is to be transported in up to fifty(50) shipments by ship from New Zealand, transiting the port of Brisbane en route to Singapore;
(e) the waste is to be disposed of at the facility operated by SPM Refinery PTE Ltd located at 15 Tuas South St3, Singapore, undergoing recovery operations R4 – Recycling/reclamation of metals and metal compounds and R5 – Recycling/reclamation of other inorganic compounds; and
(f) no shipment is authorised under this permit before the date below and all transboundary movement of the waste is to be completed by 23 September 2014.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
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 Sustainability, Environment, Water, Population and Communities 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, or by E-mail at hwa@environment.gov.au.
Overview
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, also known as the Basel Ban, was enacted in 1989 to regulate the transboundary movement of hazardous waste between nations, including their export from OECD to non-OECD countries. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was passed by the Parliament of Australia in response to the need to implement the Basel Convention within Australian law. The primary policy objective of this Act is to ensure that hazardous waste is managed in an environmentally sound manner, prohibiting or controlling the export of such waste unless specific conditions are met. The Act plays a crucial role in protecting human health and the environment from the adverse effects of hazardous waste movements.
Scope and Application
The Basel Transit Permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains specifically to the management and transportation of hazardous waste, in this instance electronic waste, between New Zealand, Australia, and Singapore. The permit, numbered AUH314131O, was granted to RCN E-Waste based in Auckland, New Zealand, allowing them to transit up to 1500 tonnes of electronic waste, subject to strict adherence to international transport regulations. The permit outlines that the waste must be packed and transported in compliance with the United Nations Committee of Experts on the Transport of Dangerous Goods’ recommendations, with the waste travelling in up to fifty shipments by ship from New Zealand, transiting the port of Brisbane, en route to Singapore, for disposal at the facility of SPM Refinery PTE Ltd. The permit includes specific conditions governing the handling, transportation, and ultimate disposal of the waste, with a clear timeline for the completion of all transboundary movements by 23 September 2014. This legislative action ensures that hazardous waste is managed in a manner that minimises environmental and health risks during transit and disposal.
Key Provisions
The Basel Transit Permit, issued under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, grants permit number AUH314131O to RCN E-Waste, a New Zealand-based entity, for the transit of electronic waste. This permit, effective from 22 November 2013, authorises the transit of up to 1500 tonnes of hazardous waste, specifically electronic waste, to be transported in up to fifty shipments by ship from New Zealand, through the port of Brisbane, to Singapore. The waste must adhere to the UN Committee of Experts on the Transport of Dangerous Goods' recommendations and is destined for the facility operated by SPM Refinery PTE Ltd in Singapore, where it will undergo recovery operations such as recycling of metals and metal compounds and other inorganic compounds. The transboundary movement must be completed by 23 September 2014, and no shipment is permitted before the date specified in the permit. The permit is subject to certain conditions, which are detailed in the documentation provided by the Department of the Environment.
Entities and individuals governed by this Act must comply with the stringent regulations and requirements pertaining to the transportation and disposal of hazardous waste. They are mandated to ensure that the hazardous waste, in this case electronic waste, is packed and transported according to the applicable regulations, which are based on the United Nations Committee of Experts on the Transport of Dangerous Goods’ recommendations. The entities must also ensure that the waste is transported in up to fifty shipments, transiting the specified port of Brisbane, and is ultimately disposed of at the designated facility in Singapore. Compliance with these regulations is essential to avoid any legal repercussions and to ensure the safe and environmentally responsible handling of hazardous waste.
Breach of the provisions outlined in the Basel Transit Permit and the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in severe consequences. The Act imposes obligations on the entities to adhere to the specified conditions and timelines, and failure to do so can lead to civil or criminal penalties. The specific penalties are not detailed in the provided notice; however, under the broader legislative framework, breaches can result in substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, and the discretion of the courts. It is imperative for the entities to fully understand and comply with the Act to avoid any legal ramifications.