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 Basel transit permit AUS16-011 was granted to Globecare Services Inc, RM 205 Midway Court Building, 241 EDSA, Mandaluyong City, Philippines 1550 (Telephone +632 724 91 66; Facsimile +632 725 74 87).
The particulars of the permit are as follows:
- the hazardous waste to be transited is polychlorinated biphenyl contaminated waste (Basel Code: A3180);
- the quantity of the waste to be transited is a maximum of 49 tonnes in up to 8 shipments;
- the waste is to transported by road to Manila, then shipped in bins and containers from the Philippines by sea, transiting Darwin en route to France, from where it will travel by train and road to the disposal facility in Saint Vulbas, France; and
- no shipment is authorised under this permit before the date below or after 31 May 2017.
The permit includes and is subject to conditions.
Andrew McNee
Delegate of the Minister
Chemicals and Waste Branch
Department of the Environment
11 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 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, as listed 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 email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent regulation of the export and import of hazardous waste, ensuring environmental protection and public health are maintained. This Act was introduced by the Parliament of Australia with the policy objective of implementing the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, thereby controlling and regulating the transboundary movement of hazardous waste. The legislation provides a framework to manage the risks associated with the movement of hazardous waste between countries, ensuring that Australia adheres to international standards and protocols. By imposing strict controls and requirements for permits, the Act aims to prevent illegal trafficking and improper disposal of hazardous waste, thereby protecting both the environment and human health from potential hazards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste. This legislation imposes a regulatory framework that governs the transit of hazardous waste through Australia, ensuring that such activities are conducted in a manner that minimises environmental harm and public health risks. The Act's scope extends to the conditions under which hazardous waste can be exported or imported, the information that must be provided in the permit application, and the compliance measures that must be adhered to. The Act applies on a national level, as it is a Commonwealth Act, thereby affecting all states and territories within Australia. While the Act does not specify explicit exclusions, it does allow for exemptions or variations in application through subordinate instruments, such as regulations and guidelines issued under the Act. These instruments can further detail the specific requirements for different types of hazardous waste, the procedures for permit applications, and the standards for waste management practices.
Key Provisions
The main operative sections of the notice pertain to the granting of a Basel transit permit (Section 33) under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, permit AUS16-011 was granted to Globecare Services Inc for the transit of polychlorinated biphenyl contaminated waste (Basel Code: A3180). This permit allows for the transportation of a maximum of 49 tonnes of hazardous waste in up to 8 shipments, which will be transported by road to Manila, then shipped by sea from the Philippines, transiting Darwin, en route to France, where it will travel by train and road to the disposal facility in Saint Vulbas. The permit is valid from an unspecified start date until 31 May 2017.
The obligations imposed by this Act on the parties involved are stringent and multifaceted. Globecare Services Inc, as the permit holder, must adhere to the specified conditions of the permit, which include the transportation route, the type and quantity of waste, and the time frame for the shipment. The Australian government, through the Department of the Environment, has the responsibility to ensure that the transit of hazardous waste complies with national and international regulations, including the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Additionally, the Department must provide reasons for the decision to grant the permit and handle any applications for review or appeal.
Breaches of the conditions outlined in the permit or any failure to comply with the obligations set forth in the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant consequences. Offences under the Act may result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The maximum penalties for offences under this Act can vary but are determined based on the severity and nature of the breach. It is important for all parties involved to comply with the conditions of the permit and the obligations of the Act to avoid these potential penalties.