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 on 24 July 2015, Basel export permit number AUH146550N was granted to Caltex Refineries (NSW) Pty Limited (ACN 000 108 725), Level 4, 2 Market Street, Sydney, NSW 2000 (Telephone: +61 7 3362 7859, Facsimile: +61 7 3362 7237).
The particulars of the permit are as follows:
a) the hazardous waste to be exported is waste catalyst (Basel Code: A2030), specifically: spent KF-772, KF-752-3QEA, KF-840-3Q (regenerated), AT535 ART (NiMo),
KF-647-3QEA, KF-842-3QEA, KF-752-3Q, XF1260-1.5E Eurocat (CoMo) (regenerated), KF-542LD-7R Nippon Ketjen, KF-772-1.5E Nippon Ketjen, KAS-5B, KF-1201-3Q and H-15.
b) the quantity of the waste to be exported is a maximum of 600 tonnes in up to 20 shipments;
c) the waste is to be transported by road to the ports of Sydney, Melbourne or Fremantle, then by sea to the Port of Singapore, from where it will travel by road to the recovery facility, Catalyst Recovery Singapore Pte Ltd, no 52 Tuas Road, Singapore, 638502.
d) the waste is to be disposed of at the facility by the recovery operations R4-recycling / reclamation of metals and metal compounds and R8-recovery of components from catalysts.
e) no shipment is authorised before the date below or after 18 May 2016.
The permit includes and is subject to conditions.
Paul Kesby
Delegate to the Minister
Acting Assistant Secretary
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 in Australia, addressing the problem of improper management and potential environmental harm associated with the movement of such waste across international borders. This Act was introduced by the Parliament of Australia and its policy objective is to ensure that hazardous waste is managed in a manner that protects human health and the environment, both domestically and internationally. The Act provides a framework for the control of hazardous waste exports and imports, including the issuance of export permits with specific conditions to ensure that waste is disposed of in an environmentally sound manner. The 1989 Act was developed in response to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which Australia ratified, underscoring the importance of international cooperation in managing hazardous waste.
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, ensuring that such activities comply with national standards and international agreements, such as the Basel Convention. This Act provides the legislative framework for granting export permits for hazardous waste, such as the one issued to Caltex Refineries (NSW) Pty Limited for the export of waste catalyst to Singapore. The Act encompasses a range of hazardous wastes, as specified under the Basel Code, and regulates the quantities and methods of transportation and disposal of these wastes. The geographic reach of the Act is national, as it applies across all states and territories of Australia, ensuring uniform regulation of hazardous waste exports and imports. The Act may exclude certain types of waste or transactions if they fall under different legislative provisions, such as those pertaining to radioactive or biological wastes. The application and enforcement of the Act may be extended or modified through subordinate instruments, which can introduce additional conditions or restrictions on the export and import of hazardous wastes.
Key Provisions
The main operative sections of the notice pertain to the grant of an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (sections 33). The permit, numbered AUH146550N, was granted to Caltex Refineries (NSW) Pty Limited on 24 July 2015, for the export of waste catalyst, specified by Basel Code A2030, to Singapore. The permit outlines the type of hazardous waste, the maximum quantity, the transportation route, the disposal method, and the timeframe for shipments. The permit includes conditions which govern the manner and circumstances of the waste export.
The obligations imposed on Caltex Refineries (NSW) Pty Limited under this Act include adhering strictly to the terms and conditions of the export permit. This includes ensuring that the hazardous waste is transported and disposed of in accordance with the specified methods and timeframes, and that no shipment occurs outside the permitted period. Additionally, the company must ensure that the hazardous waste is managed in a manner that complies with all relevant Australian and Singaporean regulations, including those concerning environmental protection and waste management.
Breach of any conditions or requirements set out in the permit may result in various legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, penalties for non-compliance can be severe. The Act provides for civil and criminal penalties for breaches, with maximum penalties potentially including substantial fines and imprisonment. Specifically, section 127 of the Act outlines that a person who contravenes a condition of an export permit may be liable to a fine of up to $1,260,000 for a corporation or $252,000 for an individual, or imprisonment for up to five years, or both. Additionally, ongoing breaches may lead to the revocation of the export permit and further legal action to recover any environmental damage caused by the breach.