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 24 June 2015, permit AUS15-035 was granted to CMA Ecocycle Pty Ltd (ACN 146 190 516), 5 – 11 Reo Crescent, Campbellfield, Victoria, 3061 (Telephone: +61 3 9308 9415; Facsimile: +61 3 9308 9416).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is mercury bearing waste including crushed lamps and fluorescent tubes (Basel Code A1180 and A1010);
(b) the quantity of the waste to be imported is a maximum of 50 tonnes;
(c) the method of transport by which the waste is to be imported in up to five (5) shipments is:
(i) by sea from Auckland in New Zealand to Geelong; and then
(ii) by land to the facility operated by CMA Ecocycle Pty Ltd at 5 – 11 Reo Crescent, Campbellfield, Victoria, 3061;
(d) the waste is to undergo recovery operation R4 – Recycling/reclamation of metals and metal compounds and R5 – Recycling/reclamation of other inorganic materials;
(e) no shipment is authorised under this permit before the date below and all transboundary movement of the waste is to be completed by 1 July 2016;
The permit includes and is subject to the conditions that form the Schedule to this permit.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy 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 by the Parliament of Australia to address the issue of the improper management and transboundary movement of hazardous waste. This legislation establishes a regulatory framework designed to ensure that the export and import of hazardous waste are conducted in a manner that protects human health and the environment. The Act aims to implement Australia's obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, thereby fostering international cooperation in the responsible management of hazardous waste. The policy objective is to prevent environmental harm and ensure that hazardous waste is managed in an environmentally sound manner, both domestically and in international trade.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to individuals and entities involved in the export or import of hazardous waste within Australia. The Act specifically regulates the movement of hazardous waste across international borders, ensuring that such activities are conducted in an environmentally responsible manner and in compliance with international conventions such as the Basel Convention. The permit granted under this Act is directed at CMA Ecocycle Pty Ltd, a company authorised to import up to 50 tonnes of mercury-bearing waste, specifically crushed lamps and fluorescent tubes, from Auckland, New Zealand, to their facility in Campbellfield, Victoria. The permit outlines the conditions under which the waste can be transported and processed, stipulating that the waste must undergo recycling operations for metals and other inorganic materials. The geographic reach of the Act is national, as it governs hazardous waste movement across Australia's borders. The permit's conditions and restrictions are detailed in the Schedule, which forms part of the permit. The Act also provides mechanisms for review and appeal for those affected by the permit decision, including the ability to seek reasons for the decision and to apply for an independent review by the Administrative Appeals Tribunal.
Key Provisions
The main operative sections of the notice pertain to the grant of a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). This legislation facilitates the importation of hazardous waste, in this case, mercury-bearing waste, by requiring a permit that details the waste type, quantity, transport method, and intended recovery operations. The notice specifies that the permit, AUS15-035, was issued to CMA Ecocycle Pty Ltd and includes conditions detailed in the Schedule to the permit.
The obligations and requirements imposed by the Act on the parties it governs are extensive. CMA Ecocycle Pty Ltd, the permit holder, must adhere to the conditions outlined in the permit, which include restrictions on the type and amount of hazardous waste that can be imported, the method and routes of transport, and the specific recovery operations that can be performed on the waste. These conditions are designed to ensure that the import and processing of hazardous waste are conducted in a manner that minimises risks to human health and the environment. The permit is also subject to the overarching requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which includes provisions for the assessment of applications, the imposition of conditions, and the revocation or suspension of permits where necessary.
The Act also outlines potential consequences for non-compliance. Offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may include importing or exporting hazardous waste without a permit, failing to comply with permit conditions, or contravening any other provision of the Act. The penalties for such breaches can be severe, including substantial fines and imprisonment. For example, under section 35, the maximum penalty for contravening a condition of a permit is a fine of up to $1,650,000 for a corporation or $330,000 for an individual, or both. Additionally, section 37 provides for civil penalties for breaches that may result in the recovery of costs incurred by the Commonwealth in addressing the breach. These provisions underscore the importance of strict adherence to the regulations governing the import and processing of hazardous waste.