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 transit permit AUH16-040 was granted to Metalman New Zealand Limited, 1 Rangi Road, Takanini, 2105, New Zealand (Telephone: +64 9 274 4567; Facsimile: +64 9 274 8567).
The particulars of the permit are as follows:
(i) the type of waste is used lead acid battery scrap (drained and undrained, Basel Code A1160);
(ii) the maximum quantity of the waste to be transported is 5000 tonnes;
(iii) the batteries will be strapped and wrapped with clear plastic wrapping on to wooden pallets and shipped in plastic lined shipping containers, with any damaged batteries contained in sealed plastic containers or drums;
(iv) the waste is to be transported by sea from New Zealand to the Republic of Korea (Samji Metal Industry Co Ltd) and during transit by sea to the Australian port of entry;
(v) the carriers approved to transport the waste are:
- ANL New Zealand, Level 2, 32-34 Mahuhu Crescent, Auckland 1010, New Zealand (Telephone: +64 9 366 2870; Facsimile: +64 9 366 2871); and
- APL New Zealand, 25 Anzac Street, Takapuna, Auckland 0622, New Zealand (Telephone: +64 9 905 3748; Facsimile: +64 9 489 6071).
(vi) the waste may only be brought into Australia during the permit period;
(vii) the waste is to enter the port of Brisbane;
(viii) the waste may only be taken out of Australia during the permit period;
(ix) the waste may only be taken out of Australia from the port of Brisbane.
The permit period is from the date below and expires one year from this date. The permit includes and is subject to the conditions that form a schedule to the permit.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment and Energy
27 November 2016
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 problem of the transboundary movement of hazardous wastes, specifically targeting the export and import of such wastes to and from Australia. The Act aims to ensure that these movements are managed in a way that protects human health and the environment. This was achieved by providing a framework for the regulation of these activities through the issuance of transit permits. The Act was passed by the Parliament of Australia, reflecting the policy objective of stringent control and oversight over hazardous waste movements to prevent illegal trafficking and improper management of such wastes. The notice of decision to grant a permit under this Act, as exemplified by the issuance of transit permit AUH16-040 to Metalman New Zealand Limited, demonstrates the application of this legislative framework in practice.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste in Australia. It covers entities such as Metalman New Zealand Limited and carriers such as ANL New Zealand and APL New Zealand, and pertains to the conduct of transporting hazardous waste, specifically used lead acid battery scrap, within the terms of a granted permit. The geographic reach of this Act is national, as it regulates the movement of hazardous waste across international borders, with this particular instance involving a transit permit for waste to be transported from New Zealand to the Republic of Korea with an entry point at the port of Brisbane in Australia. The Act sets specific conditions for such transactions, including the type, quantity, and method of transporting the waste, and these conditions are further detailed in the permit schedule. Notably, the Act does not specify exclusions or exemptions within this notice, but it does imply that any deviation from the permit conditions may not be lawful. The Act may be further elaborated through subordinate instruments, such as the permit itself, which acts as a regulatory tool to ensure compliance with national and international hazardous waste management protocols.
Key Provisions
The notice of decision to grant transit permit AUH16-040 under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) details specific requirements for the export of used lead acid battery scrap from New Zealand to the Republic of Korea. The permit (sections (i)-(ix)) outlines that the waste, classified under Basel Code A1160, must be transported in a maximum quantity of 5000 tonnes. The waste must be packaged in a particular manner: strapped and wrapped in clear plastic and placed on wooden pallets, then shipped in plastic lined containers, with any damaged batteries contained in sealed plastic containers or drums. The waste can only be transported by sea by the approved carriers, ANL New Zealand and APL New Zealand, and can only enter and leave Australia from the port of Brisbane during the permit period.
The entities governed by this legislation, specifically Metalman New Zealand Limited and the approved carriers, are subject to a number of obligations and requirements. They must adhere to the packaging and transportation specifications outlined in the permit, ensuring the waste is handled and transported in accordance with the conditions specified. Metalman New Zealand Limited must ensure that the waste is only transported during the specified permit period, and the carriers are responsible for ensuring compliance with the conditions during transit, including the use of approved shipping methods and the handling of damaged batteries. The waste must only enter and leave Australia from the specified port of Brisbane, and any deviation from the permit conditions would be considered a breach.
Breaches of the conditions set out in the permit could result in a range of civil or criminal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, violations of the permit conditions could lead to enforcement actions by the Department of the Environment and Energy. Such actions may include fines, cancellation of the permit, and other regulatory measures. The maximum penalties for breaches of the Act are not specified in this notice but could include substantial fines for individuals and corporate entities, depending on the severity and impact of the breach. Additionally, repeated or serious breaches could lead to criminal charges, resulting in further penalties including imprisonment. Parties affected by the decision can seek review under the Administrative Appeals Tribunal Act 1975, providing a mechanism for contesting the decision if they believe it to be unjust or incorrectly made.