NOTICE OF DECISION TO GRANT A SPECIAL EXPORT 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 25 August 2014, a permit (AUH 145137Y) was granted to Beverich Holdings International Pty Ltd (ABN 87 132 013 097), 1024–1028 Canley Vale Road, Wetherill Park NSW 2164 (Telephone: +61 2 9757 4847; Facsimile: +61 2 9757 4867).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is printed circuit boards (Basel Code: A1180);
(b) the quantity of the waste to be exported is a maximum of 480 tonnes in up to fifty (50) shipments;
(c) the waste is to be packed in sealed bags or crates and placed into shipping containers;
(d) the waste is to be exported by sea from Melbourne, Sydney, Brisbane and Perth and will travel directly to the Port of Busan in the Republic of Korea;
(e) the waste is to be disposed of by recovery operation R4–Recycling/reclamation of metals and metal compounds at the Korea Zinc Co. Ltd recovery facility;
(f) no shipment is authorised under this permit before the date above or after 31 July 2015.
The permit includes and is subject to conditions.
Bruce Edwards
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 Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste, aiming to prevent illegal waste trafficking and protect environmental and human health. The Act was introduced to address the problem of hazardous waste being exported to countries with less stringent environmental regulations, which posed significant risks to public health and the environment. The legislation was passed by the Parliament of Australia, reflecting a policy objective to ensure the safe and environmentally sound management of hazardous waste. This particular decision to grant a special export permit under the Act, announced on 25 August 2014, concerns the export of printed circuit boards by Beverich Holdings International Pty Ltd to the Republic of Korea, where they will be recycled by Korea Zinc Co. Ltd. The permit, which includes specific conditions, was issued for a period up until 31 July 2015, ensuring that the export complies with the regulatory framework set out by the Act.
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 within Australia and its territories. The Act sets out the requirements for obtaining permits for such activities and governs the conditions under which these activities may occur. The Act applies to all hazardous waste defined under the Basel Convention, and includes printed circuit boards as specified in the permit granted to Beverich Holdings International Pty Ltd. The permit issued under this Act allows for the export of a maximum of 480 tonnes of specified hazardous waste to the Republic of Korea, subject to specific conditions regarding the manner of packing, shipping routes, and disposal methods. The permit is valid from 25 August 2014 until 31 July 2015, and does not authorise any shipments outside this timeframe. The Act’s application may be extended or restricted through subordinate instruments, and affected persons may seek review of decisions under the Administrative Appeals Tribunal Act 1975.
Key Provisions
Under Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the legislation outlines that a special export permit (AUH 145137Y) was granted to Beverich Holdings International Pty Ltd on 25 August 2014. This permit allows the company to export a maximum of 480 tonnes of printed circuit boards, identified by Basel Code A1180, in up to fifty shipments. The waste must be packed in sealed bags or crates and placed into shipping containers for transportation by sea from Melbourne, Sydney, Brisbane, and Perth, with the final destination being the Port of Busan in the Republic of Korea. The hazardous waste will be disposed of through a recovery operation, specifically recycling and reclamation of metals and metal compounds, at the Korea Zinc Co. Ltd recovery facility. The permit is valid until 31 July 2015, and no shipments are authorised before the permit date or after this expiration date.
The Act imposes several obligations and requirements on Beverich Holdings International Pty Ltd. Firstly, the company must adhere strictly to the specified conditions of the permit, including the method of packing and the ports of export and import. The company must ensure that the hazardous waste is exported within the stipulated timeframe, beginning from the date of the permit and ending by 31 July 2015. Additionally, Beverich Holdings International Pty Ltd is required to maintain records and documentation to demonstrate compliance with the permit conditions and the Act. The company must also ensure that all shipments are conducted in accordance with international regulations and standards governing the export of hazardous waste.
Failure to comply with the conditions set forth in the permit or the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in significant legal consequences. The Act does not explicitly detail the specific offences or penalties within this notice; however, breaches of the Act can lead to civil or criminal sanctions. Such sanctions may include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are usually outlined in the Act itself or in related regulations and may vary based on jurisdictional laws. For precise information on the penalties, one should refer to the full text of the Act or seek legal advice from a qualified professional.