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 on 20 June 2014, permit number AUH1315117Y was granted to Hospira Australia Pty Ltd (ABN 58 097 064 330), 1 Lexia Place, Mulgrave, VIC 3170 (Telephone: +61 3 8541 5465, Facsimile: +61 3 8541 5300).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste platinum based pharmaceuticals (Basel Code A4140);
(b) the quantity of the waste to be exported is a maximum of 24 tonnes in five (5) shipment;
(c) the waste is to be shipped in liquid form in either 60 or 100 ml glass vials, individually packaged in a carton, within a sealed bag and in full compliance with international standards for transport of dangerous goods;
(d) the waste is to be exported by air from Melbourne, transiting through Hong Kong en route to Frankfurt, Germany, from where it will travel by road to the recovery facility of Heraeus Precious Metals GMBH &CO KG, Heraeussir, 12-14 DE 63450 Hanau;
(e) the waste is to be disposed of at the facility by recovery operation R4 – recycling/reclamation of metals and metal compounds; and
(f) no shipment is authorised before the date above or after 31 December 2014.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Environment Protection 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
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to address the problem of the improper export of hazardous waste, which posed risks to both human health and the environment. The Act was designed to ensure that the export of hazardous waste is controlled and managed effectively, aligning with international standards and obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. This legislative framework was essential to prevent the dumping of hazardous waste in developing countries and to promote environmentally sound management practices. The policy objective behind the Act is to safeguard public health and the environment from the potential hazards associated with the export of hazardous waste by imposing stringent controls and requirements on the export process.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste within Australia. The Act applies to entities and individuals involved in the export or import of hazardous waste, ensuring compliance with environmental protection standards. The Act imposes obligations on permit holders to manage hazardous waste in a manner that minimises environmental harm and adheres to international transport standards. The legislation has a national reach, applying across all Australian states and territories. Exclusions or exemptions from the Act are not explicitly stated in this notification, although the Act may provide for such exclusions in other sections. The application and enforcement of the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines, which may specify detailed conditions or additional requirements for hazardous waste management. In this particular case, the permit issued to Hospira Australia Pty Ltd for the export of waste platinum-based pharmaceuticals is subject to specific conditions, including the type and form of waste, the destination, and the timeframe for shipments.
Key Provisions
The main operative sections of the notice pertain to the grant of an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). The notice indicates that a permit, numbered AUH1315117Y, was granted to Hospira Australia Pty Ltd, specifying the type and quantity of hazardous waste to be exported, the shipping details, and the disposal method at the recovery facility. The waste in question is waste platinum-based pharmaceuticals, with a maximum export quantity of 24 tonnes divided into five shipments. These shipments must adhere to international transport standards, be shipped from Melbourne via Hong Kong to Frankfurt, and ultimately delivered to Heraeus Precious Metals GMBH & CO KG for metal recovery operations. Importantly, no shipment is authorised before 20 June 2014, or after 31 December 2014.
The obligations imposed by this Act on the parties involved include strict compliance with the outlined conditions of the permit. Hospira Australia Pty Ltd must ensure that the hazardous waste is packaged and shipped according to international standards for dangerous goods, and that all shipments occur within the specified timeframe. Additionally, the company must coordinate with the recovery facility to ensure that the waste is properly disposed of through the designated recovery operation. Any deviation from these conditions may result in legal consequences.
Failure to comply with the terms and conditions of the export permit may lead to civil and criminal penalties. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, unauthorised export of hazardous waste is a criminal offence. Individuals or companies found guilty of such offences may face fines of up to $330,000 for individuals and $1.65 million for corporations, along with potential imprisonment. Additionally, civil penalties may be imposed, which could include orders for the recovery of costs associated with the unauthorised export or any subsequent clean-up activities. The Act also allows for the revocation of permits and further legal action to be taken against non-compliant parties.