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 import permit AUH16-020 was granted to Ace Waste Pty Ltd (ACN 010 750 839), 491 Gooderham Road, Willawong QLD 4110 (Telephone: +61 7 3372 6666, Facsimile: +61 7 3372 3777).
The particulars of the permits are as follows:
(a) the type of the waste to be imported is clinical waste (Basel Code A4020); and
(b) the maximum quantity of the waste that may be imported is 150,000 kilograms; and
(c) the waste is to be shipped by sea from the port of export in Auckland to the port of import in Brisbane, and will then be transported by road to the disposal facility; and
(d) the waste is to be contained during import in sealed 50 litre plastic bags and packed into 1 cubic metre UN rated bulk bags lined with polyethylene liquid proof liners, or packed into UN rated 20 litre plastic pails purpose built for the containment of clinical waste, with any non-UN rated plastic pails further contained in 200 litre UN rated steel drums; and
(e) the waste may only be imported during the permit period; and
(f) the waste is to be disposed of at Ace Waste’s facility located at 491 Gooderham Road, Willawong, Queensland 4110 and is to undergo disposal operation D10 – Incineration on land.
The permit period is from the date below and expires one year from this date. All transboundary movements must be completed by the permit expiry 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 and Energy
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 and Energy 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 and Energy
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 problem of the transboundary movement of hazardous wastes, ensuring they are managed in a manner that protects human health and the environment. The Act was introduced by the Parliament of Australia to provide a regulatory framework that aligns with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The policy objective of the Act is to control the export and import of hazardous wastes and ensure that such movements are conducted in an environmentally sound manner. The Act requires that permits be granted for the export and import of hazardous wastes, with conditions that safeguard against potential risks to human health and the environment. The notice of decision to grant a permit under this Act, such as the Basel import permit AUH16-020 to Ace Waste Pty Ltd, reflects the application of these regulatory measures in practice, ensuring compliance with both national and international obligations.
Scope and Application
The notice issued under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to the granting of a Basel import permit, specifically AUH16-020, to Ace Waste Pty Ltd, a company registered in Queensland. The Act applies to entities engaged in the import and export of hazardous waste, ensuring that such activities comply with national and international regulations. The permit granted allows Ace Waste Pty Ltd to import up to 150,000 kilograms of clinical waste, classified under Basel Code A4020, from Auckland to Brisbane, subject to specific containment and transportation conditions. The legislation operates at a national level, overseen by the Department of the Environment and Energy, and includes provisions for appeals and reviews as outlined in the Administrative Appeals Tribunal Act 1975. The permit's conditions and limitations, such as the waste disposal method and the period of validity, are clearly defined to ensure compliance and environmental protection.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires that notice be given when a Basel import permit is granted. In this instance, Basel import permit AUH16-020 has been granted to Ace Waste Pty Ltd. The permit allows for the import of up to 150,000 kilograms of clinical waste, identified by Basel Code A4020, from Auckland to Brisbane, with subsequent road transport to the disposal facility in Willawong, Queensland. The waste must be contained in specific types of packaging: sealed 50-litre plastic bags packed into 1 cubic metre UN rated bulk bags, or UN rated 20-litre plastic pails, or non-UN rated pails contained in 200-litre UN rated steel drums. The waste can only be imported during the permit period, which begins on the date of the notice and expires one year later. The waste is to be disposed of by incineration at Ace Waste's facility.
Entities granted such permits are subject to strict obligations under the Act. They must adhere to the specified conditions of the permit, including the type and quantity of waste, the method of transport, and the disposal operation to be performed. Ace Waste Pty Ltd must ensure that all waste imported under this permit complies with the packaging and transportation requirements set out in the permit, and that it is disposed of only at the designated facility using the specified method of incineration. Failure to comply with these conditions could result in the permit being revoked or not renewed, and may also lead to other legal consequences.
Breaches of the conditions set out in the permit, or other requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, may result in civil or criminal penalties. The specific penalties for breaches of the Act are not detailed in the notice, but generally, the Act provides for both civil penalties and criminal sanctions. Civil penalties can include fines, and in more serious cases, criminal penalties such as imprisonment may be imposed. The exact penalties depend on the nature and severity of the breach, and are determined by the courts. Further information on the penalties applicable to breaches of the Act can be obtained from the Department of the Environment and Energy or through legal advice.