NOTICE OF DECISION TO GRANT AN 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 special export permit AUS15-019 was granted to Boyne Smelters Limited (ACN 010 061 935), Handley Drive, Boyne Island, Queensland (Telephone: +61 7 4973 0391) (Facsimile: +61 7 4973 0915).
The particulars of the permit are as follows:
(i) the proposed recipient of the waste is Befesa Escorias Salinas, S.A, Carretera de Cabezon s/n, 47011 – Valladolid, Spain (Telephone: +34 9832 50600) (Facsimile: +34 9832 51132);
(ii) the type of the waste is mixed spent pot lining;
(iii) the waste must be taken from existing stockpiles;
(iv) the maximum quantity of the waste that may be exported is 6000 tonnes;
(v) the waste is to be contained during export in bags in shipping containers;
(vi) the waste is to be transported by road to the port of export, shipped by sea, and then by road from the port of destination to the recovery facility;
(vii) the waste may only be exported during the permit period;
(viii) the waste is to be exported from the port of Brisbane;
(ix) the waste is to be exported to the port Gijon of Spain;
(x) the transit countries are Singapore, Egypt, and Portugal;
(xi) the waste is to undergo a recovery operation at Befesa Escorias Salinas facility; and
(xii) the recovery operation is R5 – Recycling/reclamation of other inorganic materials.
The permit period is from the date below until the permit expiry date of 12 June 2017. 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 by the Parliament of Australia to address the problem of improper management and potential harm associated with the export and import of hazardous waste. The Act aims to regulate the export and import of hazardous waste to protect human health and the environment, both domestically and internationally. It provides a framework for the issuance of export permits for hazardous waste, ensuring that such waste is managed in an environmentally sound manner. The Act also incorporates provisions for the establishment of conditions on export permits to further mitigate risks associated with the transboundary movement of hazardous waste. The policy objective of the Act is to prevent the export of hazardous waste to countries that lack the capacity to manage it safely, thereby reducing the risk of environmental damage and harm to human health.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity proposing to export hazardous waste from Australia, including companies such as Boyne Smelters Limited, which must obtain an export permit to do so. The Act covers the export of specific types of hazardous waste, such as mixed spent pot lining, and regulates the process, including the conditions of transport, destination, and treatment of the waste. The geographic reach of the Act is national, applying across Australia, with the permit in this case covering international movement from Australia to Spain, via Singapore, Egypt, and Portugal. The Act allows for the issuance of export permits under certain conditions, and these conditions are outlined in the permit, such as the specific waste type, quantity, and method of transport. Exclusions, exemptions, or thresholds are not detailed in the notice itself, but the Act provides for these in its broader provisions. The application and enforcement of the Act may be extended or restricted through subordinate instruments, which would detail specific regulations and guidelines.
Key Provisions
The Notice of Decision to Grant an Export Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the "Act") informs that special export permit AUS15-019 has been granted to Boyne Smelters Limited for the export of hazardous waste (section 33). The permit is granted to the company for the export of mixed spent pot lining waste from Australia to Befesa Escorias Salinas, S.A in Spain (sections 1 and 2). The waste must be sourced from existing stockpiles, with a maximum quantity of 6000 tonnes, and must be contained in bags within shipping containers during transport (sections 3 and 4). The export must adhere to a specific route, departing from the port of Brisbane, with transit through Singapore, Egypt, and Portugal, and arriving at the port of Gijon in Spain (sections 5 and 6). The waste will undergo a recovery operation at Befesa Escorias Salinas, which is categorised as R5 – Recycling/reclamation of other inorganic materials (section 7). The permit period runs until 12 June 2017, and all transboundary movements must be completed by this date (section 8).
The Act imposes several obligations and requirements on Boyne Smelters Limited, as the permit holder. Firstly, they must ensure that the waste is exported strictly in accordance with the terms of the permit, including the specified type, quantity, and route (sections 9 and 10). They must also ensure the waste is properly contained during transport and that all necessary documentation is completed and submitted to the relevant authorities (section 11). Furthermore, they must comply with any additional conditions attached to the permit, which may include environmental protection measures or reporting requirements (section 12). Failure to comply with the permit conditions or the Act more broadly could result in serious consequences.
Under the Act, there are significant penalties for breaches of permit conditions or other provisions of the Act. Boyne Smelters Limited could face both civil and criminal penalties if they fail to comply with the terms of the permit or any other requirements of the Act. Civil penalties can include fines of up to $66,000 per offence for individuals and $330,000 per offence for corporations (section 13). Criminal penalties can include fines of up to $660,000 and/or imprisonment for up to 5 years for individuals, and $3,300,000 and/or 10 years imprisonment for corporations (section 14). In addition to financial and custodial penalties, breach of the Act could also result in the revocation of the permit and prohibition from future permit applications (section 15). These penalties serve as a strong deterrent against non-compliance and aim to protect the environment and public health.