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 permit AUH15-079 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:
(i) the proposed exporter of the waste is Recycal Sarl, 6 Rue Georgette Mourin, Zi De Normandie, Noumea, New Caledonia (Telephone + 68 7 790 669; Facsimile + 68 7 439 693);
(ii) the type of the waste is waste electrical and electronic equipment (Basel Code A1180);
(iii) the maximum quantity of the waste that may be imported is 500 tonnes;
(iv) the waste is to be loosely packed in a sealed shipping container during import;
(v) 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;
(vi) the waste may only be imported during the permit period;
(vii) the waste is to be imported to the port of Brisbane, Australia;
(viii) the waste will not transit any countries;
(ix) the waste is to undergo a recovery operation at the CDS Recycling facility;
(x) the recovery operations are R4 – Recycling/reclamation of metals and metal compounds; and
(xi) a financial guarantee of at least AUD $10 000 is to be in place from the date below until
30 June 2017.
The permit period is from the date below until the permit expiry date of 31 December 2016. All transboundary movements must be completed by the permit expiry date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Chemicals and Waste Branch
Department of the Environment
18 January 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 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, as listed 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 email 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 issue of improper management and illegal trade of hazardous waste. This legislation was introduced to ensure that exports and imports of hazardous waste are conducted in an environmentally sound manner, thus preventing potential harm to human health and the environment. The policy objective behind the Act is to regulate the transboundary movement of hazardous waste and to ensure that it is managed in a manner that minimises risks to human health and the environment. The Act provides a framework for the granting of permits for the export and import of hazardous waste, and includes conditions to ensure the safe and environmentally sound management of such waste.
Scope and Application
The notice of decision to grant a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies specifically to Certified Destruction Services T/A CDS Recycling, an entity identified by its Australian Company Number (ACN) and physical address in Queensland, Australia. The Act regulates the export and import of hazardous waste, and in this case, the permit pertains to the import of waste electrical and electronic equipment from Recycal Sarl in New Caledonia. The permit is geographically confined to the movement of waste from New Caledonia to Brisbane, Australia, with no transit through other countries. The permit specifies the type of waste, the maximum quantity, the method of packing, the transportation logistics, and the financial guarantee required. The permit is subject to certain conditions and must be adhered to within the specified timeframe. The Act extends its application through subordinate instruments, including the conditions attached to the permit and the administrative processes for review and appeal as outlined in the Administrative Appeals Tribunal Act 1975.
Key Provisions
The main sections of this notice concern the grant of a hazardous waste permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). Permit AUH15-079 has been granted to Certified Destruction Services T/A CDS Recycling, specifying various details about the waste, its export, and import conditions, including the type of waste (Basel Code A1180), the maximum quantity (500 tonnes), and the import period until 31 December 2016. The permit mandates that the waste must be transported in a sealed shipping container, and it outlines the recovery operation at the CDS Recycling facility, specifically R4 – Recycling/reclamation of metals and metal compounds. Additionally, the permit includes a financial guarantee of at least AUD $10,000 until 30 June 2017.
The Act imposes several obligations and requirements on the parties involved. Certified Destruction Services T/A CDS Recycling must adhere to the conditions stipulated in the permit, including the proper handling and transportation of the waste, ensuring it is only imported during the specified permit period. The waste must not transit any countries, and all recovery operations must occur at the designated facility. Moreover, the financial guarantee must be maintained until the specified date to cover any potential environmental liabilities. The waste must be imported to the port of Brisbane and strictly follow the outlined transportation and recovery protocols.
Failure to comply with the provisions and conditions of the permit may result in legal consequences. The Act provides for potential civil and criminal penalties for breaches. While the specific penalties are not detailed in this notice, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, significant breaches can lead to substantial fines and even imprisonment for individuals and corporations. The severity of the penalties may depend on the nature and extent of the breach, with the aim of enforcing compliance and protecting the environment from hazardous waste mismanagement.