NOTICE OF DECISION TO GRANT AN IMPORT 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 13 October 2014 permit number AUH142099U was granted to BOC Limited, 10 Julius Avenue, North Ryde, NSW, 2113. (Telephone +61 2 8874 4758; Facsimile: +61 2 9886 9572).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is condemned acetylene gas cylinders containing asbestos;
(b) the quantity of the waste to be imported is a maximum of 350 000 kilograms in thirty (30) shipments;
(c) the method of transport by which the waste is to be imported is by sea from Christchurch, New Zealand to Melbourne and by land to the recovery facility;
(d) 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’;
(e) the waste is to undergo recovery operations R2 – Solvent reclamation/regeneration and R4 – Recycling/reclamation of metals and metal compounds at Valen Pty Ltd, Factory 7, 55 Glenbarry Road, Campbellfield Victoria 3061. The asbestos is to undergo disposal operation D1 – Disposal into or onto land, at an approved landfill;
(f) no shipment is authorised under this permit before the date above or after twelve (12) months from that date.
The permit includes and is subject to conditions.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy 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 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 E-mail at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Commonwealth Parliament to address the problem of the transboundary movement of hazardous wastes, ensuring that such wastes are managed in an environmentally sound manner. The legislation was introduced to provide a regulatory framework for the import and export of hazardous waste, thereby protecting human health and the environment from the potential risks associated with these materials. This Act is instrumental in implementing Australia's obligations under international agreements such as 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 import and export of hazardous wastes in a manner that safeguards public health and the environment, while also promoting the efficient and responsible management of such wastes.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to persons or entities engaged in the import or export of hazardous waste within Australia, with a specific focus on ensuring that such activities comply with stringent regulatory standards. This legislation governs the import of hazardous waste, as demonstrated by the issuance of a specific permit for the import of condemned acetylene gas cylinders containing asbestos by BOC Limited. The Act applies to the Commonwealth jurisdiction and encompasses the import of hazardous waste, the method of transport, and the specified recovery and disposal operations. The permit is subject to conditions that must be met at all times, including adherence to the United Nations Committee of Experts on the Transport of Dangerous Goods’ recommendations and regulations. The Act also outlines the process for seeking review of permit decisions through the Administrative Appeals Tribunal.
Key Provisions
The notice (C2014G01702) issued under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 details the grant of import permit number AUH142099U to BOC Limited, for the importation of condemned acetylene gas cylinders containing asbestos from Christchurch, New Zealand to Melbourne, Australia (Section 33). This permit is specifically for a maximum of 350,000 kilograms of hazardous waste, to be imported in thirty shipments by sea to Melbourne and then transported by land to a recovery facility (Section 33(a)-(b)). The transport of the hazardous waste must adhere to the applicable regulations and requirements outlined by the United Nations Committee of Experts on the Transport of Dangerous Goods (Section 33(d)). The waste will undergo recovery operations for solvent reclamation/regeneration and recycling/reclamation of metals and metal compounds, with the asbestos being disposed of in an approved landfill (Section 33(e)-(f)). The permit is valid for shipments only between the date of the grant and twelve months thereafter (Section 33(f)).
BOC Limited, as the permit holder, is required to ensure that all hazardous waste imported under this permit is managed in compliance with the terms and conditions of the permit. This includes adhering to the specified methods of transport, packaging, and handling as per the United Nations Committee of Experts on the Transport of Dangerous Goods (Section 33(d)). Additionally, the recovery and disposal processes must be carried out at the Valen Pty Ltd facility as detailed in the permit (Section 33(e)-(f)). The permit holder must also keep records and documentation as required by the Act to demonstrate compliance with the permit conditions.
Failure to comply with the conditions of the permit or the Act may result in enforcement actions by the Department of the Environment. Possible consequences include revocation of the import permit, fines, or other penalties as prescribed by the Hazardous Waste (Regulation of Exports and Imports) Act 1989. For example, unauthorised shipments or improper handling of hazardous waste could lead to civil or criminal penalties, with the exact penalties determined by the severity and nature of the breach. Furthermore, affected parties have the right to seek reasons for the decision or apply for an independent review within 28 days of the notice, as stipulated under the Administrative Appeals Tribunal Act 1975.