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 export permit AUH16-012 was granted to BP Bulwer Island Pty Ltd (ACN 008 422 115), 398 Tingira Road, Pinkenba, QLD 4008 (Telephone: +61 7 3243 7623; Facsimile: +61 7 3260 1371).
The particulars of the permit are as follows:
(a) the type of waste to be exported is spent refining (hydroprocessing and hydrocracking) catalysts (Basel code A2030);
(b) the maximum quantity of the waste that may be exported is 800 tonnes;
(c) the waste is to be exported by road to the port of export, by sea to the port of import and then by road to the recovery facility;
(d) the waste is to be contained during export in UN3190 rated cougar bags, fully palletised and loaded into sealed shipping containers;
(e) the waste may only be exported during the permit period;
(f) the waste is to be exported from the port of Brisbane, Australia to the port of Singapore, Singapore;
(g) there are no transit countries under this permit;
(h) the waste will be dealt with by recovery operations R4 – Recycling/reclamation of metals and metal compounds and R8 – Recovery of components from catalysts;
(i) the waste is to undergo the recovery operations at Catalyst Recovery Singapore Pte Ltd, 52 Taus Road, Singapore 638502 (Telephone: +65 6863 8382; Facsimile: +65 6863 1180) by the process of temperature controlled moving belt technology to strip the spent catalyst to a non-hazardous state for regeneration and resale, or for reclamation of metals.
The permit period is from the date below until the permit expiry date of 1 June 2017. All transboundary movements must be completed by the permit expiry date.
The permit includes and is subject to conditions.
Sara Broomhall
Delegate of the Minister
Acting Assistant Secretary
Chemicals and Waste Branch
Department of the Environment and Energy
30 September 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 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 need for regulation over the export and import of hazardous waste, ensuring that these activities are conducted in a manner that protects the environment and human health. This Act was introduced by the Parliament of Australia to fill the gap in existing legislation that did not adequately address the transboundary movement of hazardous waste. The policy objective of the Act is to ensure that the export and import of hazardous waste are controlled and managed to prevent adverse environmental impacts and to promote the safe and environmentally sound management of hazardous waste. The Act provides a framework for the regulation of the transboundary movement of hazardous waste, including the issuance of permits for such movements, and the imposition of conditions to ensure compliance with environmental standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste, including spent refining catalysts in this instance. This Act is a Commonwealth legislation, and its jurisdictional reach applies nationally across Australia, governing the export and import of hazardous waste to and from Australia. The Act extends its application to cover various entities, including those identified by Australian Company Number (ACN) such as BP Bulwer Island Pty Ltd in this case. The permit granted under this Act specifies the type, quantity, and method of hazardous waste to be exported, including conditions and processes for containment, transport, and recovery. The Act does not explicitly state any exclusions or thresholds in the notice, but it does permit the creation of subordinate instruments to further detail specific conditions or requirements, thereby extending or restricting the application as necessary.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) mandates the notification of the grant of a Basel export permit. The permit in question, AUH16-012, was granted to BP Bulwer Island Pty Ltd, and specifies the type of hazardous waste to be exported (spent refining catalysts, Basel code A2030), the maximum quantity (800 tonnes), and the export route from Brisbane, Australia to Singapore, Singapore. It also stipulates that the waste must be contained in UN3190 rated cougar bags, fully palletised, and loaded into sealed shipping containers, and that it can only be exported during the permit period which ends on 1 June 2017.
The Act imposes several obligations on the parties involved. BP Bulwer Island Pty Ltd, as the permit holder, must ensure that the export of hazardous waste complies with the conditions of the permit. This includes adhering to the specified export route, containing the waste in the prescribed manner, and ensuring that the export is completed by the permit expiry date. The recovery facility in Singapore, Catalyst Recovery Singapore Pte Ltd, must also comply with the conditions set forth in the permit, including the use of temperature controlled moving belt technology to process the waste into a non-hazardous state.
Failure to comply with the provisions of the Act and the conditions of the permit may result in civil and criminal consequences. The Act does not specify the exact penalties for breach, but breaches of environmental legislation can generally lead to substantial fines and, in severe cases, imprisonment. Additionally, the permit holder may be subject to administrative penalties, and the permit may be revoked or not renewed.
For parties affected by the decision to grant the permit, the Act provides avenues for review. Under the Administrative Appeals Tribunal Act 1975, affected persons can request the reasons for the decision from the Department of the Environment and Energy within 28 days. They may also apply for an independent merits review of the decision to the Administrative Appeals Tribunal, again within 28 days, either from the date of receipt of the reasons or from the publication of the notice, if the reasons are not sought. Further information and enquiries can be directed to the Hazardous Waste Section of the Department of the Environment and Energy.