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 special import permit AUH16-019 was granted to Consolidated Alloys (ACN 005 084 097), 32 Industrial Avenue, Thomastown , Victoria, 3074 (Telephone: +61 3 8301 7100; Facsimile: +61 3 9359 4076).
The particulars of the permits are as follows:
(i) the proposed recipient of the waste is Jean Goldschmidt International SA, Place De L’Albertine 2, B-1000 Bruxelles, Belgium (Telephone: +32 2 5111309; Facsimile: +32 2 5114213);
(ii) the type of waste is solder dross (Basel Code A1020);
(iii) the maximum quantity of the waste that may be exported is 60 tonnes;
(iv) the waste is to be contained during export in sealed steel UN standard dangerous goods drums;
(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 exported during the permit period;
(vii) the waste is to be exported from the port of Melbourne;
(viii) the waste is to be exported to the port of Antwerp, Belgium;
(ix) the transit countries are Malaysia, Egypt, Morocco, United Kingdom;
(x) the waste is to undergo a recovery operation at Hydrometal S.A. – Groupe Silox facility; and
(xi) the recovery operation is R4 – Recycling/reclamation of metals and metal compounds.
The permit period is from the date below until the permit expiry date of 30 April 2017. All transboundary movements must be completed by the permit expiry date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment and Energy
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 and Energy requesting the reasons for the decision.
An application for independent merits 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 Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.
Further information or enquiries relating to the decision should be directed to:
Director, Hazardous Waste Section
Department of the Environment and Energy
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 to address the need for stringent controls on the transboundary movement of hazardous waste, in order to protect human health and the environment from the potential risks associated with such movements. The Act was established by the Parliament of Australia and its policy objective is to ensure that the export and import of hazardous waste is conducted in a manner that minimises any potential harm. This legislative framework is essential for Australia to meet its obligations under international agreements such as the Basel Convention, which aims to reduce the transboundary movement of hazardous wastes and their disposal in uncontrolled environments. The Act provides a mechanism for the regulation of hazardous waste movements, including the issuance of permits and the imposition of conditions to safeguard against environmental harm.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity that wishes to export or import hazardous waste, including individuals, corporations, and government agencies. This Act specifically governs the transboundary movement of hazardous waste, ensuring that such movements comply with environmental protection standards and international agreements, such as the Basel Convention. The Act covers a wide range of hazardous waste types, including the solder dross mentioned in the permit notice, and requires detailed documentation and adherence to specific conditions for the export of these materials. The Act's jurisdictional reach is national, applying across all states and territories of Australia. Exclusions or exemptions are generally limited, with most hazardous waste movements requiring a permit. The Act can be extended or restricted through subordinate instruments, such as regulations or guidelines issued by the Department of the Environment and Energy. The permit granted under this Act, AUH16-019, specifies detailed conditions for the export of 60 tonnes of solder dross to a facility in Belgium, illustrating the Act's application in a real-world scenario.
Key Provisions
The main operative sections of the notice concern the grant of special import permit AUH16-019 under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This permit is issued to Consolidated Alloys, specifying that they can export up to 60 tonnes of solder dross (Basel Code A1020) to Jean Goldschmidt International SA in Belgium. The waste must be contained in sealed steel UN standard dangerous goods drums and is to be transported by road to the port of export in Melbourne, shipped by sea, and then transported by road again to the recovery facility in Belgium. The export must occur during the permit period, which runs until 30 April 2017, and it can only leave from Melbourne and arrive at Antwerp, passing through Malaysia, Egypt, Morocco, and the United Kingdom. The waste will undergo a recovery operation, specifically R4 – Recycling/reclamation of metals and metal compounds, at Hydrometal S.A. – Groupe Silox facility. The permit includes conditions and is subject to the Administrative Appeals Tribunal Act 1975.
The obligations imposed by the Act on the parties include strict adherence to the terms and conditions outlined in the permit. Consolidated Alloys must ensure that the waste is contained in the specified manner and transported according to the prescribed route and timeline. They must also ensure that the waste is only exported during the permit period and that the recovery operation occurs at the specified facility. Additionally, Jean Goldschmidt International SA must be prepared to receive the waste and ensure that it undergoes the specified recovery operation. Any changes to the plan must be reported to the Department of the Environment and Energy.
Breach of the conditions or any other requirement of the permit may result in severe consequences. Under the Act, unauthorised transboundary movements of hazardous waste are criminal offences. Penalties for such offences can include substantial fines and imprisonment. The exact penalties depend on the severity of the breach and are determined by the courts. Additionally, any person whose interests are affected by the decision can apply to the Administrative Appeals Tribunal for a review of the decision within 28 days of receiving the reasons for the decision. Failure to comply with the terms of the permit or the Act can result in legal action, including both civil and criminal penalties.