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 21 August 2015, permit AUS15-046 was granted to Geocycle SBF Pty Ltd (ACN 072 838 209), 92 Ordish Road, Dandenong, Victoria, 3175 (Telephone + 61 4 0279 1245; Facsimile + 61 7 3335 3227).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is solvent waste (Basel Code A3140);
(b) the quantity of the waste to be imported is a maximum of 400 tonnes;
(c) the method of transport by which the waste is to be imported in up to twenty shipments is:
(i) by sea from Auckland in New Zealand to the Port of Melbourne; and then
(ii) by land to the facility operated by Geocycle SBF Pty Ltd at 92 Ordish Road, Dandenong, Victoria, 3175;
(d) at that facility, the waste is to undergo recovery operation R1 – Use as a fuel or other means to generate energy;
(e) no shipment is authorised under this permit before the date below and all transboundary movement of the waste is to be completed by 30 July 2016.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
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 address the problem of unregulated and potentially hazardous movement of waste across Australia's borders. The Act was introduced by the Australian Parliament to ensure that the export and import of hazardous waste are conducted in a manner that protects human health and the environment. The policy objective of the Act is to control the transboundary movement of hazardous waste by requiring permits for such activities, thereby enforcing stringent standards and oversight to prevent environmental harm and ensure proper waste management practices. This legislative framework aims to align with international conventions, such as the Basel Convention, to manage and minimise the risks associated with hazardous waste.
Scope and Application
The Gazette notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to the granting of a specific permit to Geocycle SBF Pty Ltd for the import of hazardous waste, namely solvent waste, from Auckland, New Zealand, into Australia. This Act applies to entities involved in the transboundary movement of hazardous waste, with this particular permit allowing Geocycle SBF Pty Ltd to import a maximum of 400 tonnes of solvent waste through up to twenty shipments. The waste is to be transported by sea to the Port of Melbourne and then by land to the company’s facility in Dandenong, Victoria, where it will be used as a fuel or other means to generate energy. The permit is subject to certain conditions and the decision to grant it can be reviewed by affected parties within 28 days under the Administrative Appeals Tribunal Act 1975. The Act operates within the Commonwealth jurisdiction, and while the primary application is to the named entity, the conditions and procedures for review are applicable to any person or entity affected by the permit's terms.
Key Provisions
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the primary operative section of this legislation is the notice of decision to grant a permit (Section 33). Specifically, permit AUS15-046 was granted to Geocycle SBF Pty Ltd for the importation of up to 400 tonnes of solvent waste (Basel Code A3140) from Auckland, New Zealand, to Melbourne, Victoria, Australia. The waste will be transported by sea and then by land to a facility in Dandenong, where it will undergo recovery operation R1 – Use as a fuel or other means to generate energy. The permit authorises up to twenty shipments, with the transboundary movement to be completed by 30 July 2016.
The Act imposes certain obligations and requirements on Geocycle SBF Pty Ltd, as the permit holder. They must adhere to the specified conditions of the permit, which include the transportation method, the quantity of waste, and the type of recovery operation. The company must also ensure that all shipments comply with the stipulated timeline and environmental regulations governing hazardous waste imports. Moreover, Geocycle SBF Pty Ltd must maintain proper documentation and records of the waste's movement and recovery process, as required by the Act.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in civil or criminal consequences. Offences under the Act can include unauthorised transboundary movement of hazardous waste, non-compliance with permit conditions, or failure to maintain required records. Penalties for such breaches can vary depending on the severity and nature of the offence. Civil penalties may include fines up to $222,200 per offence for individuals and $1,111,000 for corporations. Criminal penalties may include imprisonment for up to five years, or both, depending on the specific offence and the discretion of the court. These penalties are designed to enforce compliance with the Act and protect the environment from the potential hazards associated with hazardous waste.