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 2 November 2015, special export permit number AUH15-057 was granted to Caltex Refineries (NSW) Pty Ltd, 2 Solander St, Kurnell, NSW 2231.
The particulars of the permit are as follows:
a) the hazardous waste to be exported is waste catalyst (Basel Code: B1120, Y42), specifically: UOP R-98, UOP R-500, UOP H-8 and Hysopar 5000;
b) the quantity of the waste to be exported is a maximum of 200 tonnes in up to 15 shipments;
c) the waste will be packed in UN approved sealed steel drums and/or sealed cougar bags, drums and/or bags and loaded on export fumigated pallets and into approved 20 foot or 40 foot shipping containers;
d) the waste is to be transported by road from the Caltex Lytton refinery, Queensland and the Caltex Kurnell refinery, NSW to the port of Sydney, then by sea to the Port of Oakland, United States, via New Zealand and French Polynesia, from where it will travel by road to the recovery facility, Sabin Metal West Corporation, Williston, North Dakota;
e) the waste is to be disposed of at the facility by the recovery operation R8-recovery of components from catalysts;
f) no shipment is authorised before the date below or after 16 August 2016.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste Branch
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 by the Australian Parliament to address the need for stringent regulation of hazardous waste exports and imports, ensuring they are managed in a manner that protects human health and the environment. This legislation was introduced to fill a critical gap in the regulatory framework concerning hazardous waste, providing a comprehensive legal structure to control the export and import of such materials. The overarching policy objective of the Act is to minimise the risks associated with the movement of hazardous waste by requiring permits for exports and imports, and to ensure that these activities are conducted in compliance with international obligations and national standards. The Act empowers the Minister to grant export permits subject to specific conditions that reflect the hazardous nature of the waste and the safeguards required for its transport and disposal.
Scope and Application
The notice of decision pertains to the granting of a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, it concerns special export permit number AUH15-057, issued to Caltex Refineries (NSW) Pty Ltd, detailing the export of hazardous waste catalyst from its refineries in Lytton, Queensland and Kurnell, New South Wales, to a recovery facility in Williston, North Dakota, United States. The Act applies to entities engaged in the export of hazardous waste, requiring them to obtain a permit as outlined, which specifies the type of waste, quantity, packaging, transportation route, and disposal method. This legislation enforces national regulations over hazardous waste exports, ensuring environmental protection and compliance with international standards, and it applies across state and territory boundaries, given the interstate movement of waste involved. The permit includes conditions that must be adhered to, and any affected parties have the right to seek reasons for the decision or apply for an independent review within specified timeframes.
Key Provisions
The key operative sections of this legislation pertain to the granting of a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as outlined in Section 33. According to this notice, special export permit number AUH15-057 was granted to Caltex Refineries (NSW) Pty Ltd on 2 November 2015 (Section 33(1)). This permit authorises the export of hazardous waste catalyst, specifically UOP R-98, UOP R-500, UOP H-8, and Hysopar 5000, up to a maximum of 200 tonnes in up to 15 shipments (Section 33(2)(a)). The waste must be packed in UN approved sealed steel drums and/or sealed cougar bags, drums and/or bags, and loaded on export fumigated pallets and into approved 20 foot or 40 foot shipping containers (Section 33(2)(c)). The waste is to be transported by road from the Caltex Lytton refinery in Queensland and the Caltex Kurnell refinery in New South Wales to the port of Sydney, then by sea to the Port of Oakland, United States, via New Zealand and French Polynesia, and finally by road to the recovery facility, Sabin Metal West Corporation, in Williston, North Dakota (Section 33(2)(d)). The waste will be disposed of at the facility through the recovery operation R8, which involves the recovery of components from catalysts (Section 33(2)(e)). No shipment is authorised before the date specified in the permit or after 16 August 2016 (Section 33(2)(f)).
The Act imposes several obligations and requirements on the parties involved. Firstly, the permit holder, Caltex Refineries (NSW) Pty Ltd, must adhere to the conditions outlined in the permit, including the specified method of packaging, transportation, and disposal of the hazardous waste (Section 33(2)). This includes ensuring that the waste is packed in UN approved sealed steel drums and/or sealed cougar bags, drums and/or bags, and loaded on export fumigated pallets and into approved 20 foot or 40 foot shipping containers (Section 33(2)(c)). The permit holder is also responsible for arranging and overseeing the transportation of the waste by road from the refineries to the port of Sydney, by sea to the Port of Oakland, United States, via New Zealand and French Polynesia, and finally by road to the recovery facility in Williston, North Dakota (Section 33(2)(d)). Furthermore, the permit holder must ensure that the waste is disposed of at the facility through the recovery operation R8, which involves the recovery of components from catalysts (Section 33(2)(e)). The permit holder must also ensure that no shipment of the hazardous waste occurs before the date specified in the permit or after 16 August 2016 (Section 33(2)(f)).
The Act outlines several offences, penalties, and civil/criminal consequences for breach of its provisions. Firstly, any person who contravenes a condition of an export permit issued under Section 33 of the Act is guilty of an offence and may be liable to a fine not exceeding $100,000 for a corporation or $20,000 for an individual (Section 55(1)). Secondly, any person who causes or permits the export of hazardous waste in contravention of a condition of an export permit is guilty of an offence and may be liable to a fine not exceeding $500,000 for a corporation or $100,000 for an individual (Section 55(2)). Additionally, any person who causes or permits the export of hazardous waste in contravention of a condition of an export permit and thereby causes or is likely to cause harm to human health or the environment is guilty of an offence and may be liable to a fine not exceeding $1,000,000 for a corporation or $200,000 for an individual (Section 55(3)). It is important to note that these penalties are in addition to any other penalties that may be imposed under other laws.