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 permit number AUS15-026 was granted to Consolidated Alloys (ACN 005 084 097), 32 Industrial Avenue, Thomastown, Victoria, 3074 (Telephone: +61 3 9359 5811) (Facsimile: +61 3 9359 4076).
The particulars of the permit are as follows:
a) the hazardous waste to be exported is solder dross (Basel Code A1020);
b) the quantity of the waste to be exported is a maximum of 120 tonnes;
c) At all times involving transfer and transportation, the waste must be packed and transported according to the United Nations Committee of Experts on the Transport of Dangerous Goods ‘Recommendations on the Transport of Dangerous Goods’.
d) the method of transport by which the waste is to be exported is:
(i) by sea from the port of Melbourne, transiting Malaysia and Egypt, to the port of Antwerp in Belgium; and
(ii) by land from the port of Antwerp to the Hydrometal SA facility located at Zoning Industriele D’Ehein, 83390 Engis in Belgium;
e) the waste is to be disposed of by recovery operation R4–Recycling/reclamation of metals and metal compounds
f) no shipment is authorised under this permit before the date below or after 31 March 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 to address the problem of the transboundary movement of hazardous wastes, particularly those that pose a risk to human health and the environment. The Act provides a framework for the regulation of the export and import of hazardous wastes, ensuring they are managed in an environmentally sound manner. The Act was enacted by the Parliament of Australia and its policy objective is to protect human health and the environment from the adverse effects of hazardous waste movements. Recently, the Department of the Environment granted an export permit under this Act, allowing the export of up to 120 tonnes of solder dross from Australia to Belgium, subject to specific conditions aimed at ensuring safe transport and disposal.
Scope and Application
The notice of decision under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains specifically to the issuance of an export permit to Consolidated Alloys, an entity based in Thomastown, Victoria. The Act applies to entities involved in the export of hazardous waste, ensuring that such exports are managed in a manner that safeguards environmental and public health. This legislation operates under the Commonwealth jurisdiction, with the Department of the Environment overseeing compliance and enforcement. The permit granted to Consolidated Alloys outlines the specifics of the export, including the type and quantity of hazardous waste, transportation requirements, and the destination and disposal method. The permit also includes conditions that must be adhered to during the export process, ensuring the waste is handled according to stringent international guidelines. Exclusions and exemptions from the permit requirements are not detailed in the notice, but the permit is subject to the broader provisions and conditions of the Act. Further, the Act allows for review of decisions through the Administrative Appeals Tribunal, providing an avenue for affected parties to challenge the permit's conditions or the decision to grant it.
Key Provisions
The main operative sections of the legislation (sections 33) provide notice that an export permit (AUS15-026) has been granted to Consolidated Alloys, detailing the specifics of the hazardous waste to be exported, including the type and quantity of the waste, the packing and transport requirements, the method and route of transport, the intended disposal method, and the timeframe for the shipment. The notice also clarifies that the permit is subject to conditions and informs interested parties of their rights to request the reasons for the decision and to apply for an independent review.
The obligations imposed by the Act on Consolidated Alloys include strict adherence to the stipulated conditions of the export permit. This entails ensuring that the hazardous waste, in this case, solder dross, is packed and transported in compliance with the United Nations Committee of Experts on the Transport of Dangerous Goods’ recommendations. The company must also ensure the waste is transported via the specified route, from the port of Melbourne through Malaysia and Egypt to Antwerp, and then by land to Hydrometal SA’s facility in Belgium. Furthermore, the waste must be disposed of by recycling/reclamation of metals and metal compounds, and the shipment must occur within the prescribed timeframe.
The legislation outlines potential consequences for non-compliance. Although specific offences, penalties, and civil/criminal consequences are not detailed in the text, it is reasonable to infer that failure to comply with the conditions of the permit could result in legal action. Given the nature of hazardous waste management, breaches could lead to severe penalties under both state and federal laws, including fines and imprisonment. The notice also informs interested parties of their right to seek reasons for the decision and to apply for an independent review, indicating a formal process for addressing grievances or disputes related to the permit conditions.