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 4 May 2014 permit number AUH464135M was granted to Macaulay’ Metals Limited, 45 Seaview Road, Lower Hutt, New Zealand, (Telephone +04 568 0542; Fax +04 598 2223).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is used lead acid batteries (Basel code A1160);
(b) the quantity of the waste to be transited is a maximum of 5 000 tonnes in up to thirty (30) shipments;
(c) the waste is to be stacked onto pallets, then strapped and shrink wrapped;
(d) the waste is to be transported by sea from New Zealand, transiting Melbourne, Sydney and Brisbane en route to the Republic of Korea;
(e) the waste is to be recovered at the facility of Sang Shin Metallic Co Limited by recovery operations ‘R4 – Recycling/reclamation of metals and metal compounds’;
(f) no shipment is authorised under this permit before the date above or after twelve (12) months from that date.
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
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 by the Parliament of Australia to address the problem of the improper export, import, and transit of hazardous waste, which could pose serious environmental and public health risks. This Act aims to ensure that any export, import, or transit of hazardous waste is conducted in a manner that protects human health and the environment, both domestically and internationally. The enactment of this Act was crucial in fulfilling Australia’s obligations under international agreements such as the Basel Convention, which seeks to minimise the movement of hazardous waste between nations, especially from developed to less developed countries. The notice provided in the gazette refers to a specific transit permit granted under the authority of this Act, outlining the conditions and specifics of the hazardous waste transit in question.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export, import or transit of hazardous waste within Australia and its territories. This legislation regulates the movement of hazardous waste to protect human health and the environment from potential harm. The Act applies nationally and covers a broad range of hazardous waste materials, including, but not limited to, used lead acid batteries as specified in the Basel Convention. The Act's application is not limited by geographic boundaries within Australia, thus encompassing all states and territories. Specific exclusions or exemptions from the Act are not detailed in the provided notice, though it is common for such legislation to exclude certain types of waste if they are regulated under other specific Australian laws or international agreements. The Act may extend or restrict its application through subordinate instruments, such as regulations or codes of practice, which would provide further detail on the management and transit of hazardous waste.
Key Provisions
The notice of decision, pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, provides that on 4 May 2014, permit number AUH464135M was granted to Macaulay’ Metals Limited, situated at 45 Seaview Road, Lower Hutt, New Zealand. The permit, which is subject to certain conditions, allows the company to transit used lead acid batteries, classified under Basel code A1160. The permit permits a maximum of 5,000 tonnes of hazardous waste to be transported in up to thirty shipments. The waste must be prepared for transport by being stacked onto pallets, then strapped and shrink wrapped. The designated route for the transit of this waste is by sea from New Zealand, passing through Melbourne, Sydney, and Brisbane, with the final destination being the Republic of Korea. The waste will be recovered at the facility of Sang Shin Metallic Co Limited, utilising recovery operations classified as ‘R4 – Recycling/reclamation of metals and metal compounds’. It is crucial to note that no shipment can occur under this permit before 4 May 2014 or after twelve months from that date.
The obligations imposed by the Act on Macaulay’ Metals Limited are stringent and include strict adherence to the outlined conditions of the permit. These conditions dictate the handling, transport, and recovery of the hazardous waste, ensuring environmental protection and safety. Macaulay’ Metals Limited must ensure that the waste is packed according to the specified method and transported via the permitted route. Additionally, the company must comply with all regulations and standards governing the export and import of hazardous waste as stipulated in the Act. Failure to adhere to these obligations can result in legal consequences, including fines and revocation of future permits.
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 delineates several potential consequences for non-compliance with its provisions. Offences under this Act may include unauthorised export or import of hazardous waste, failure to comply with the conditions of a transit permit, and improper handling or disposal of hazardous waste. The penalties for such offences can be severe, with potential fines and imprisonment. For instance, an individual found guilty of an offence under the Act could face fines of up to $500,000 and imprisonment for up to five years. Additionally, corporations could face even higher fines, up to $2.5 million for each offence. These stringent penalties underscore the importance of strict compliance with the Act’s requirements to safeguard public health and the environment.