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 26 March 2015, transit permit number AUS15-004 was granted to Metalman New Zealand Limited, 1 Rangi Road, Takanini, Auckland 2105, New Zealand (Telephone: +64 9 274 4567; Facsimile: +64 9 274 8567).
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 3 000 tonnes in up to 80 shipments;
(c) at all times involving transfer and transportation, the waste must be packed and transported according to the applicable regulations and/or requirements based on the United Nations Committee of Experts on the Transport of Dangerous Goods ‘Recommendations on the Transport of Dangerous Goods’;
(d) the waste is to be transported by sea from New Zealand, transiting the port of Brisbane in Australia, en route to the Republic of Korea;
(e) the carrier transporting the waste is CFR Line New Zealand Limited, 270 Neilson Street, Onehunga, Auckland 1061 (Telephone: +64 9 475 5185; Facsimile: +64 9 475 5186);
(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.
Declan O’Connor-Cox
Delegate to the Minister
Acting Assistant Secretary
Waste Policy Branch
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, as listed 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 issue of the regulation of exports and imports of hazardous waste. The Act aims to provide a framework to prevent and manage the transboundary movement of hazardous waste and other wastes that may cause harm to human health and the environment. The grant of a transit permit under this Act, as demonstrated in the gazetted notice of 26 March 2015, is a mechanism to control and monitor the movement of hazardous waste, such as used lead acid batteries, across international borders. The policy objective of the Act is to ensure that hazardous waste is managed in a manner that protects human health and the environment, both domestically and internationally, while facilitating legitimate trade and transit of such waste.
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 or between Australia and other countries. This includes businesses, carriers, and waste management operators who handle such waste. The Act governs the transportation, handling, and disposal of hazardous waste, ensuring it is managed in a way that protects human health and the environment. The jurisdictional reach of the Act is national, as it pertains to the regulation of hazardous waste at a federal level across Australia. The Act establishes a permit system for the export, import, and transit of hazardous waste, with specific conditions attached to each permit, as illustrated by the notice regarding the transit permit for Metalman New Zealand Limited. The Act also provides for the review of decisions by the Administrative Appeals Tribunal, allowing those affected by permit decisions to seek independent review within specified timeframes.
Key Provisions
The notice of decision under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically section 33, announces the granting of transit permit AUS15-004 to Metalman New Zealand Limited on 26 March 2015. This permit allows the transit of used lead acid batteries, classified under Basel code A1160, in a maximum quantity of 3,000 tonnes, to be shipped in up to 80 separate consignments. The transit must adhere strictly to the regulations set forth by the United Nations Committee of Experts on the Transport of Dangerous Goods. The shipment will be transported by sea from New Zealand, with a transit point in Brisbane, Australia, before reaching the Republic of Korea. The carrier responsible for the transportation is CFR Line New Zealand Limited. The permit is valid from the date of issue and will expire twelve months thereafter.
The legislation imposes several obligations on the parties involved. Metalman New Zealand Limited must ensure that the hazardous waste is packed and transported according to the applicable regulations, which are based on the United Nations' Recommendations on the Transport of Dangerous Goods. This includes ensuring that all safety protocols and packaging requirements are met to prevent any risk during transit. The carrier, CFR Line New Zealand Limited, is responsible for adhering to these regulations and ensuring that all shipments are documented and reported accurately. Additionally, both entities must provide any necessary information or documentation to the relevant authorities upon request.
Failure to comply with the provisions of the permit or the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in severe consequences. Breaches of the permit conditions may lead to the permit being revoked or cancelled, and could result in civil or criminal penalties. The maximum penalties for non-compliance can include substantial fines and, in severe cases, imprisonment. Additionally, any person whose interests are affected by the decision may apply for reasons for the decision or request an independent review under the Administrative Appeals Tribunal Act 1975 within 28 days of the notice publication. This ensures that affected parties have a legal recourse to challenge the decision if they believe it is unjust or improperly granted.