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 on 23 July 2015, permit AUS15-048 was granted to Certified Destruction Services T/A CDS Recycling (ACN 146 007 490), 1359 Kingsford Smith Drive, Pinkenba, QLD, 4008 (Telephone: +61 7 3268 1828; Facsimile: +61 7 3268 3891).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is waste electrical and electronic equipment (Basel Code A1180);
(b) the quantity of the waste to be imported is a maximum of 200 tonnes;
(c) the method of transport by which the waste is to be imported in up to ten (10) shipments is:
(i) by sea from Noumea, New Caledonia to Brisbane; and then
(ii) by land to the facility operated by CDS Recycling at 1359 Kingsford Smith Drive, Pinkenba, Queensland, 4008;
(d) the waste is to undergo recovery operation R4 – Recycling/reclamation of metals and metal compounds and R5 – Recycling/reclamation of other inorganic materials; and
(e) no shipment is authorised under this permit before the date below and all transboundary movement of the waste is to be completed by 31 December 2015.
The permit includes and is subject to the conditions that form the Schedule to this permit.
Paul Kesby
Delegate to the Minister
Acting Assistant Secretary
Chemicals and Waste 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,
see under Commonwealth Government Section in the White Pages. Further information or 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 provide a legislative framework for the regulation of the export and import of hazardous waste in Australia. This Act was introduced to address the problem of the improper management and disposal of hazardous waste, which can pose significant risks to human health and the environment. The Act aims to ensure that hazardous waste is managed in an environmentally sound manner and that transboundary movements of hazardous waste are minimised. The policy objective of the Act is to protect human health and the environment from the adverse effects of the transboundary movement and management of hazardous waste. The Act was enacted by the Parliament of Australia and is administered by the Department of the Environment.
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, extending to include waste shipments originating from or destined for overseas locations. This Act governs the movement of hazardous waste across international borders, ensuring compliance with specific conditions and requirements to manage potential environmental and health risks. The legislation specifically pertains to the entities involved in waste management, including waste generators, transporters, and treatment or disposal facilities. The permit granted under this Act, such as permit AUS15-048 to Certified Destruction Services T/A CDS Recycling, outlines the permitted activities, including the type of waste, the method of transport, and the recovery operations to be performed. The geographic reach of the Act is national, with oversight provided by the Commonwealth Government. The permit details provided, such as the quantity of waste and the method of transport, indicate the specific application of the Act to regulate and control the transboundary movement of hazardous waste within the stipulated parameters. The permit is subject to conditions that are detailed in the Schedule, which may include requirements for documentation, reporting, and compliance with environmental protection standards.
Key Provisions
The main operative sections of the Gazette, pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, provide notice of the grant of a permit (AUS15-048) to Certified Destruction Services T/A CDS Recycling. The permit allows for the importation of up to 200 tonnes of hazardous waste, specifically waste electrical and electronic equipment (Basel Code A1180), from Noumea, New Caledonia to Brisbane, and then by land to CDS Recycling's facility in Pinkenba, Queensland. The permit authorises this waste to undergo specific recovery operations, namely R4 (Recycling/reclamation of metals and metal compounds) and R5 (Recycling/reclamation of other inorganic materials). The importation of the waste is permitted in up to ten shipments, with all transboundary movement required to be completed by 31 December 2015. The permit is subject to the conditions outlined in the Schedule attached to the permit.
Under the Act, CDS Recycling, as the permit holder, must adhere to the specified conditions and ensure compliance with all relevant hazardous waste regulations. This includes ensuring the waste is transported and handled in accordance with the permit conditions and applicable environmental standards, and that the recovery operations are conducted safely and effectively. CDS Recycling must also maintain records and documentation to demonstrate compliance with the permit and any other regulatory requirements.
Breaches of the permit conditions or other obligations under the Act may result in civil or criminal penalties. Civil penalties can include fines and the requirement to undertake corrective actions. For example, under Section 36 of the Act, an offence of importing hazardous waste without a valid permit or contravening permit conditions can result in a fine of up to $330,000 for an individual or $1.65 million for a corporation. Criminal penalties may also apply for more serious or repeated breaches, with potential penalties including fines and imprisonment. The exact penalties depend on the nature and severity of the offence, and the courts have discretion in determining the appropriate penalty.