NOTICE OF DECISION TO GRANT A 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 transit permit AUH16-007 was granted to The New Zealand Refining Company Limited, Port Marsden Highway, Ruakaka, Northland, 0171, New Zealand (Telephone: +64 9 432 8311; Facsimile: +64 9 432 8035).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is spent catalyst (Basel Code: B1120, containing controlled waste category Y6 – Wastes from the production, formulation and use of organic solvents);
(b) the quantity of the waste to be transited is a maximum of 735 tonnes in one shipment;
(c) the spent catalyst will be packaged in accordance with the relevant International Maritime Dangerous Goods guidelines, in hermetically sealed steel drums or in “Cougar” catalyst containers designed specifically for the transportation of spent and fresh catalyst, then loaded into 20 foot shipping containers;
(d) the waste is to be transported by sea from New Zealand to Singapore, transiting the port of Brisbane in Australia;
(e) the carrier approved to transport the waste is ANL Singapore Agencies, 9 North Buona Vista Drive, #03-02 The Metropolis Tower 1, Singapore, 138588 (Tel: +65 65893288; Facsimile: +65 65893289
(f) no shipment is authorised under this permit before the date below or after twelve (12) months from that date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment
20 May 2016
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 merits 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 Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.
Further information or enquiries relating to the decision 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 email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for strict control over the export and import of hazardous waste, ensuring that such waste is managed in a manner that protects human health and the environment. This Act was developed in response to the increasing global trade of hazardous materials and the associated risks of improper handling and disposal. Enacted by the Parliament of Australia, the primary policy objective of this legislation is to prevent and manage the transboundary movement of hazardous waste in a way that minimises the risk to human health and the environment. This is achieved through the implementation of stringent regulatory frameworks governing the export and import of hazardous waste, including the issuance of permits that outline specific conditions and requirements for the handling and transportation of such materials.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the management and regulation of the export and import of hazardous waste within Australia. This Act specifically governs the transit of hazardous waste, including the issuance of permits for such activities. In this case, the Act applies to The New Zealand Refining Company Limited, which has been granted a permit to transit spent catalyst waste from New Zealand to Singapore, with a transit point in Brisbane, Australia. The Act’s geographic reach is national, applying across Australia, and it imposes obligations on entities involved in the export or import of hazardous waste. The permit granted under this Act is subject to certain conditions and excludes any shipments outside the specified parameters, such as the date and quantity of waste. The Act allows for the extension and restriction of its application through subordinate instruments, ensuring comprehensive regulation of hazardous waste movements.
Key Provisions
The notice under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs the public that a transit permit (AUH16-007) has been granted to The New Zealand Refining Company Limited for the transportation of hazardous waste. Specifically, the permit allows for the transit of spent catalyst (Basel Code: B1120), containing controlled waste category Y6, from New Zealand to Singapore, with a stopover at the port of Brisbane in Australia (Section 33(a)-(e)). The permit stipulates that the spent catalyst will be packaged according to the International Maritime Dangerous Goods guidelines and transported in sealed steel drums or Cougar catalyst containers, then loaded into 20-foot shipping containers (Section 33(c)). The shipment is limited to a maximum of 735 tonnes and must be carried by the approved carrier, ANL Singapore Agencies (Section 33(b), (f)). Additionally, the shipment is only authorised between the date of the notice and twelve months thereafter (Section 33(f)).
Entities and individuals subject to the Act are required to comply with several obligations and conditions associated with the permit. They must ensure that the hazardous waste is correctly identified, classified, and packaged as specified in the permit. They must also adhere to the transportation guidelines provided by the International Maritime Dangerous Goods Code. Additionally, all parties involved in the transit must maintain detailed records of the shipment, including the quantity and condition of the waste, the packaging methods used, and the route taken. Compliance with these requirements is essential to ensure the safe and lawful movement of hazardous materials.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. Offences under the Act can lead to both civil and criminal penalties. For example, knowingly providing false or misleading information in a permit application can result in fines up to $220,000 for individuals or $1,100,000 for corporations, as stipulated in Section 140 of the Act. Furthermore, unauthorised transport of hazardous waste can lead to criminal charges, with potential penalties including imprisonment for up to five years for individuals, and higher fines for corporations. The Act also allows for the recovery of costs associated with rectifying any environmental harm caused by non-compliance. The severity of these penalties underscores the importance of adhering to the Act's requirements to prevent environmental harm and ensure the safe transit of hazardous waste.