NOTICE OF DECISION TO GRANT A TRANSIT 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 13 May 2015, the Basel transit permit, AUS15-015, was granted to Globecare Services Inc, RM 205 Midway Court Building, 241 EDSA, Mandaluyong City, Philippines 1550 (Telephone +632 724 91 66; Facsimile +632 725 74 87).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is solids and liquid contaminated with polychlorinated biphenyls (Basel Code: A3180);
(b) the quantity of the waste to be transited is a maximum of 168 tonnes in up to 15 shipments;
(c) the waste is to transported by road to Manila, then shipped in bins and containers from the Philippines by sea, transiting Darwin en route to France, from where it will travel by train and road to the disposal facility in Saint Vulbas, France;
(d) no shipment is authorised under this permit before the date above or after 29 February 2016.
The permit includes and is subject to conditions.
Declan O’Connor-Cox
Delegate to the Minister
Acting 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 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 notice of decision to grant a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 is provided to inform stakeholders of a specific transit permit issued on 13 May 2015. This Act, enacted in 1989, aims to regulate the export and import of hazardous waste in Australia, addressing the need to manage such materials carefully to protect human health and the environment. The permit, AUS15-015, was granted to Globecare Services Inc for the transit of up to 168 tonnes of polychlorinated biphenyl-contaminated solids and liquids, through various transport methods including road, sea, train, and road again, ultimately destined for a disposal facility in France. The permit includes specific conditions and is valid only between the issuance date and 29 February 2016. The decision to grant this permit was made by Declan O’Connor-Cox, acting on behalf of the Minister for the Environment, through the Department of the Environment, which oversees the administration and enforcement of the Act.
Scope and Application
The notice pertains to the granting of a Basel transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The Act applies to any person or entity seeking to export or import hazardous waste, encompassing both domestic and international activities. Specifically, the permit granted pertains to Globecare Services Inc, a foreign entity involved in the transit of hazardous waste. The legislation’s jurisdictional reach is national, as it is a Commonwealth Act, and it applies to all activities related to the transit of hazardous waste within Australia’s borders and beyond. The permit granted allows for the transit of up to 168 tonnes of polychlorinated biphenyls-contaminated solids and liquids, subject to stringent conditions designed to ensure safe and environmentally sound management of the waste. The permit outlines the specific route and conditions of transit, from the Philippines via Darwin to France, and is valid from 13 May 2015 until 29 February 2016. There are no exclusions or exemptions explicitly stated in the notice, but the permit itself will include specific conditions governing the transit. The application and review process for this decision are governed by the Administrative Appeals Tribunal Act 1975, which provides avenues for appeal and review within specified timeframes.
Key Provisions
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the main operative sections of this notice involve the granting of a Basel transit permit, AUS15-015, to Globecare Services Inc. The permit allows the transit of hazardous waste, specifically solids and liquids contaminated with polychlorinated biphenyls, as per Basel Code A3180. The permit authorises a maximum quantity of 168 tonnes, to be transported in up to 15 shipments. The waste will be transported by road to Manila, then shipped by sea from the Philippines, transiting Darwin, and finally travelling by train and road to the disposal facility in Saint Vulbas, France. The permit is valid only from 13 May 2015 until 29 February 2016, with no shipments authorised before or after these dates.
The Act imposes several obligations on the parties involved. Globecare Services Inc must adhere strictly to the conditions set out in the permit, including the type, quantity, and route of the hazardous waste transport. The Department of the Environment is responsible for granting the permit and ensuring compliance with all conditions. The permit is subject to review, and interested parties have the right to request reasons for the decision and seek independent review through the Administrative Appeals Tribunal.
Any breaches of the conditions specified in the permit may result in legal consequences. The exact nature of these consequences would depend on the specific breach, but could include fines, revocation of the permit, or other enforcement actions. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides for penalties that could be applied in such cases, although the maximum penalties are not specified in this notice. Compliance with the Act is crucial to avoid these potential civil or criminal consequences.