NOTICE OF DECISION TO GRANT A BASEL IMPORT 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 14 December 2015, permit AUH15-064 was granted to Institut Polaire Français - Paul Emile Victor (IPEV), Technopôle Brest-Iroise, BP 75-29280, Plouzané, France, through their appointed agent, Tasmanian Worldwide Shipping (TWWS), (ABN: 41 144 819 045) Suite 12, 3rd floor, Galleria Building, 33 Salamanca Place, Battery Point, TAS 7004.
The particulars of the permit are as follows:
a) the waste to be imported consists of the following materials:
- 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;
- compacted empty 200 L steel drums which contained petrochemicals and may contain residues of petrochemicals;
- waste sump oil; waste hydraulic oil; and
- waste non-halogenated organic solvents.
b) the maximum quantity of the waste is up to 28.5 tonnes of solid wastes and up to 15 000 litres of liquid wastes;
c) the waste is to be imported in up to five (5) shipments with the following method 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:
iv. bottles or containers made of plastic, steel, steel-aluminium or glass, and deemed by AGDA to be contaminated with biological material, are to be disposed of by deep burial in landfill at Glenorchy, Tasmania or Copping, Tasmania;
v. compacted empty 200 L steel drums that cannot be cleaned at the TWWS facility are also to be disposed of at the Glenorchy or Copping landfill in Tasmania;
vi. waste oil and oil rinsates are to be treated by Hagen Oil in Tasmania, and then transferred to a lime kiln in Tasmania operated by Sibelco Australia Ltd for use as a fuel;
vii. waste hydraulic oil is to be treated by Hagen Oil in Tasmania; and
viii. waste non-halogenated solvents are to be treated at the Geocycle facility, Dandenong, Victoria, for use as a fuel in a cement kiln in Tasmania.
The permit period is from the date below until the permit expiry date of 2 November 2016. The permit includes and is subject to the conditions that form a schedule to this permit.
Andrew McNee
Assistant Secretary
Chemicals and Waste Branch
14 December 2015
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; E-mail hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the problem of unregulated movement of hazardous waste across international borders, which posed significant risks to human health and the environment. This Act provides a framework for the regulation of the export and import of hazardous waste, ensuring that such waste is managed in a manner that protects public health and the environment. The policy objective of the Act is to control the transboundary movement of hazardous waste in a way that minimises the potential for harm, in line with international agreements such as the Basel Convention. The Act empowers the Minister for the Environment to grant permits for the import of hazardous waste, subject to stringent conditions designed to safeguard against adverse effects.
Scope and Application
The Basel Import Permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Institut Polaire Français - Paul Emile Victor (IPEV), a French entity, and its appointed agent, Tasmanian Worldwide Shipping (TWWS), an Australian company, for the importation of specified hazardous wastes. The permit allows for the importation of up to 28.5 tonnes of solid wastes and 15,000 litres of liquid wastes, including compacted recyclable plastic, rinsed plastic drums and tanks with traces of hydrocarbons, unrinsed steel food cans, steel-aluminium beverage cans and glass bottles, compacted empty 200 L steel drums, waste sump oil, waste hydraulic oil, and waste non-halogenated organic solvents. The waste must be transported by ship from the French Southern and Antarctic Territory to Hobart, Tasmania, and then sorted and separated at the TWWS facility before being transported to disposal facilities in Tasmania and Victoria. The permit is subject to certain conditions and can only be used during the specified permit period. The Act applies to the Commonwealth of Australia and its territories, with the permit extending its application to international entities and transactions involving hazardous waste imports. Subordinate instruments may further define or restrict the application of the Act.
Key Provisions
Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, section 33 mandates that a notice of decision to grant a Basel import permit must be published when a permit is issued. In this case, permit AUH15-064 was granted to Institut Polaire Français - Paul Emile Victor (IPEV) on 14 December 2015. The permit allows the importation of various types of hazardous waste, including compacted recyclable plastic, rinsed and unrinsed containers, waste oil, and non-halogenated organic solvents, with a maximum quantity of up to 28.5 tonnes of solid wastes and up to 15,000 litres of liquid wastes. The waste must be transported by ship from the French Antarctic station to Hobart, Tasmania, and then sorted and separated at a designated facility before being transported to disposal facilities in Tasmania and Victoria. The waste may only be imported during the permit period, which runs until 2 November 2016.
The Act imposes several obligations on the parties involved. Institut Polaire Français - Paul Emile Victor, as the permit holder, must ensure that the waste is managed and disposed of in accordance with the permit conditions and Australian regulations. Tasmanian Worldwide Shipping, as the appointed agent, is responsible for the transportation and handling of the waste from the ship to the designated facility. The disposal facilities must adhere to specific methods for dealing with different types of waste, such as deep burial for contaminated containers or treatment and use of waste oil and solvents as fuel. All parties must comply with the conditions outlined in the permit and any applicable environmental protection laws.
Failure to comply with the permit conditions or the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in civil and criminal consequences. Civil penalties can be imposed for breaches of the Act, with maximum fines varying depending on the nature and severity of the offence. For example, the maximum penalty for contravening a condition of a permit is $500,000 for a corporation and $100,000 for an individual. Criminal penalties can also be applied, with maximum fines and imprisonment terms for more serious offences. The exact penalties depend on the specific provisions of the Act that are breached and the circumstances of the case. It is important for all parties involved to fully understand and adhere to the requirements to avoid these consequences.