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 Basel import permit AUH16-039 was granted to Institut Polaire Français – Paul Emile Victor (IPEV), Technopôle Brest-Iroise, CS 60075, 29280 Plouzané, France, through their appointed agent, Parodi & Gore Pty Ltd, trading as Tasmanian Worldwide Shipping (TWWS) (ABN: 41 144 819 045), Port Control Building, 1st Floor, 18 Hunter Street, Hobart, TAS 7000 (Telephone +61 3 6223 2000).
The particulars of the permit are as follows:
a) the type of waste to be imported consists of the following materials:
- waste sump oil and waste hydraulic oil;
- waste non-halogenated organic solvents;
- compacted recyclable plastic, rinsed plastic drums and tanks with traces of hydrocarbons, rinsate from drums and tanks that contained hydrocarbons;
- unrinsed steel food cans, steel-aluminium beverage cans and glass bottles; and,
- compacted empty 200 L steel drums which contained petrochemicals and may contain residues of petrochemicals;
b) the maximum quantity of the waste is up to 27.5 tonnes of solid wastes and up to 15,000 litres of liquid wastes;
c) the waste is to be imported by the following methods of transport:
- by ship, on the vessel MPV L’Astrolabe, from the French Antarctic station, Dumont d’Urville, Adélie Land in the French Southern and Antarctic Territory to Hobart, Tasmania;
- then by land to the TWWS facility at Macquarie Wharf in Hobart; and,
- after sorting and separation at the TWWS facility, the hazardous wastes are to be transported by land and sea to disposal facilities in Tasmania and Victoria;
d) the waste may only be imported during the permit period;
e) the waste is to be disposed of at the following facilities:
- waste sump oil and oil rinsates are to be treated by Hagen Oil in Tasmania, and then transferred to the David Mitchell Lime Kiln in Tasmania for use as a fuel;
- waste hydraulic oil is to be treated by Hagen Oil in Tasmania;
- waste non-halogenated solvents are to be treated at the Geocycle facility, Dandenong, Victoria, for use as a fuel in Cement Australia’s cement kiln at Railton, Tasmania;
- bottles or containers made of plastic, steel, steel-aluminium or glass, and deemed by the Department of Agriculture and Water Resources to be contaminated with biological material, are to be disposed of by deep burial in landfill at Glenorchy, Copping, Launceston or Railton in Tasmania; and,
- compacted empty 200 L steel drums to be disposed of by deep burial in landfill at Glenorchy, Copping, Launceston or Railton in Tasmania.
The permit period is from the date below and expires one calendar year from this date. 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
19 January 2017
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 regulating the import and export of hazardous waste in Australia, ensuring that such activities are managed in a way that protects human health and the environment. The Act was introduced by the Australian Parliament, with a clear policy objective of controlling the movement of hazardous waste across international borders to prevent harm to human health and the environment, in alignment with international obligations under the Basel Convention. The Act provides a framework for the regulation of hazardous waste exports and imports, including the requirement for permits and the imposition of conditions to manage potential risks associated with these activities.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import and export of hazardous waste in Australia, regulating the movement of such waste across international borders to ensure environmental protection and compliance with international agreements such as the Basel Convention. The Act specifically applies to persons or entities involved in the import or export of hazardous waste, including waste transporters, generators, and receivers, as well as the facilities where the waste will be treated or disposed of. The Act's jurisdictional reach is national, as it pertains to Australia's obligations under the Basel Convention and the protection of the environment across state and territory borders. The Act includes provisions for the issuance of permits for the import and export of hazardous waste, and these permits are subject to conditions that must be adhered to by the permit holder. The Act does not specify exclusions or exemptions but allows for the imposition of conditions on permits to manage risks associated with the waste. The application and enforcement of the Act can be extended or restricted through subordinate instruments, which may include regulations or guidelines that provide further detail on the types of waste covered, the processes for permit applications, and the standards for disposal facilities.
Key Provisions
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) establishes a framework for the regulation of the import and export of hazardous waste, with the Act's primary objective being to protect the environment and human health from the adverse effects of hazardous waste. The Act facilitates the control of transboundary movements of hazardous waste by requiring permits for such activities. In this case, Basel import permit AUH16-039 has been granted to Institut Polaire Français – Paul Emile Victor (IPEV), with Tasmanian Worldwide Shipping (TWWS) acting as the appointed agent (section 33).
The permit, AUH16-039, allows for the import of specific types of hazardous waste, including waste sump oil, waste hydraulic oil, waste non-halogenated organic solvents, and various types of contaminated containers and compacted empty steel drums (section 33). The permit details the maximum quantities of the waste that can be imported, with a limit of up to 27.5 tonnes of solid wastes and up to 15,000 litres of liquid wastes (section 33). The waste must be transported by ship from the French Antarctic station to Hobart, Tasmania, and then by land to the TWWS facility at Macquarie Wharf (section 33). After sorting and separation at the TWWS facility, the hazardous wastes will be transported to disposal facilities in Tasmania and Victoria (section 33). The waste may only be imported during the permit period, which starts on the specified date and expires one year later (section 33).
The permit is subject to various conditions, including the requirement that all transboundary movements must be completed by the permit expiry date (section 33). Disposal of the waste is to be carried out at designated facilities, with specific types of waste being treated or disposed of in accordance with the permit conditions (section 33). These include treatment of waste sump oil and oil rinsates by Hagen Oil in Tasmania for use as a fuel, treatment of waste hydraulic oil by Hagen Oil in Tasmania, treatment of waste non-halogenated solvents at the Geocycle facility in Dandenong, Victoria, for use as a fuel in Cement Australia’s cement kiln at Railton, Tasmania, and deep burial of contaminated plastic, steel, steel-aluminium, and glass bottles or containers in landfill at designated sites in Tasmania (section 33).
Breach of the conditions or requirements of the permit may result in criminal or civil liability, depending on the nature and severity of the breach (section 33). The penalties for breaches of the Act can include fines of up to $2.1 million for individuals and $10.5 million for corporations, as well as imprisonment for up to five years (section 33). Additionally, the Department of the Environment and Energy may take enforcement action, including the cancellation of the permit, to address breaches of the Act (section 33).