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 27 March 2015, transit permit number AUS15-006 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 1 000 tonnes in up to 40 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 Australian Parliament to address the need for stringent regulation of hazardous waste exports and imports, ensuring environmental protection and public health. The Act aims to control the movement of hazardous wastes across international borders, thereby preventing illegal traffic and ensuring that such wastes are managed in an environmentally sound manner. The Act establishes a permit system for the export and import of hazardous wastes, allowing the Minister for the Environment to grant permits subject to certain conditions. The policy objective is to align Australia’s practices with international conventions, such as the Basel Convention, and to mitigate the risks associated with the transboundary movement of hazardous wastes.
Scope and Application
The notice of the decision to grant a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Metalman New Zealand Limited, a company involved in the transportation of hazardous waste. The Act governs the regulation of exports and imports of hazardous waste across Australia and its territories. The specific application here concerns the transit of used lead acid batteries, which fall under the Basel code A1160, from New Zealand to the Republic of Korea, with a transit through the port of Brisbane in Australia. The permit is issued under strict conditions, including the requirement that the waste be transported in compliance with the United Nations Committee of Experts on the Transport of Dangerous Goods' recommendations. The legislation extends its reach nationally, with the transit permit being subject to Australian regulations, and it is administered by the Department of the Environment. The permit is also subject to review under the Administrative Appeals Tribunal Act 1975, allowing for legal recourse for affected parties within specified timeframes.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 requires the Minister to provide a notice of a decision to grant a transit permit, which was issued to Metalman New Zealand Limited on 27 March 2015 for used lead acid batteries, with specific conditions governing their transportation. The permit (AUS15-006) allows for the transit of up to 1,000 tonnes of hazardous waste in 40 shipments, subject to strict packing and transportation regulations as per the United Nations Committee of Experts on the Transport of Dangerous Goods. The waste is to be transported by sea from New Zealand through the port of Brisbane in Australia, ultimately destined for the Republic of Korea. The carrier involved is CFR Line New Zealand Limited, and no shipments are authorised outside the specified timeframe.
The Act imposes several obligations on the permit holder, Metalman New Zealand Limited, including adherence to the conditions outlined in the transit permit, which dictate the manner in which the hazardous waste must be packed and transported. These conditions are designed to ensure the safe transit of the waste and to mitigate any potential environmental and health risks associated with its movement. Metalman New Zealand Limited must also ensure that the carrier, CFR Line New Zealand Limited, complies with the stipulated requirements, thus extending the obligations to the carrier as well. Failure to comply with these conditions can result in serious legal consequences.
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 sets forth penalties and consequences for breaches of the Act's provisions. Those found in violation of the conditions of the transit permit, or any other requirements set forth in the Act, may face significant penalties. The Act does not explicitly state the maximum penalties for breaches, but breaches of hazardous waste regulations in Australia generally attract hefty fines and, in severe cases, imprisonment. Additionally, breaches of the Act can result in the revocation of the transit permit, the cessation of any related activities, and potential civil and criminal liability for the parties involved. These stringent measures are intended to enforce compliance and uphold the environmental protections mandated by the Act.