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 on 2 February 2015 a permit was granted to Mount Isa Mines Limited
(ACN 009 661 447), Level 1, 340 Adelaide Street, Brisbane, QLD, 4000 (Telephone:
+61 7 4781 8426; Facsimile: +61 7 4781 8414).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is lead dross (Basel Code A1020);
(b) the quantity of the waste to be exported is a maximum of 5500 tonnes in one (1) shipment;
(c) the waste is to be contained in the ship’s hold and then shipped in bulk by sea from Townsville, transiting South Africa, Spain, Germany, and the United Kingdom, en route to Antwerp, Belgium, from where it will travel by inland waterways to the recovery facility, Umicore Precious Metal Refining, located at 14, A. Greinerstraat, B 2660 Hoboken;
(d) the waste is to be disposed of at the recovery facility by recovery operation
R4–Recycling/reclamation of metals and metal compounds;
(e) no shipment is authorised under this permit before the date below or after
14 November 2015.
The permit includes and is subject to the conditions.
Declan O’Connor-Cox
Delegate to the Minister
Waste Policy 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,
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 need for stringent control over the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The legislation was introduced to fill the gap in regulatory oversight over the movement of hazardous waste across international borders, which could potentially pose significant risks if not properly managed. The primary policy objective of the Act is to regulate the export and import of hazardous waste in a way that minimises the risks to human health and the environment, while also ensuring that Australia meets its international obligations under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Act provides a framework for the issuance of permits for the export and import of hazardous waste, subject to specific conditions that aim to safeguard against adverse impacts.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste within Australia. This Act ensures that the movement of hazardous waste across borders is regulated to protect human health and the environment. The Act applies to all entities and individuals who seek to export or import hazardous waste, and it specifies the processes and conditions under which such activities can occur. The geographic reach of the Act is national, governing activities across the Commonwealth of Australia. Permits are required for the export and import of hazardous waste, and these permits can include specific conditions to mitigate potential risks associated with the waste. The Act does not apply to hazardous waste that is exempt under the regulations or to waste that does not meet the threshold for regulation. The scope of the Act can be extended or restricted through subordinate instruments such as regulations and guidelines issued by the Department of the Environment.
Key Provisions
The main operative sections of the notice pertain to the granting of a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically as per Section 33. This section mandates that a permit was granted to Mount Isa Mines Limited, a company registered in Australia, for the export of hazardous waste. The notice details the specifics of the permit, including the type of hazardous waste, the quantity, the route of transportation, the destination, and the method of disposal. This permit is valid only for one shipment of lead dross, which is a specific type of hazardous waste identified by the Basel Code A1020, and restricts the shipment to a maximum of 5500 tonnes. It also stipulates the exact route of the shipment and the disposal method at the recovery facility in Antwerp, Belgium. The permit is time-bound, prohibiting any shipment before the effective date and after 14 November 2015.
The Act imposes several obligations and requirements on the parties involved. Mount Isa Mines Limited must adhere to the specified conditions of the permit, ensuring that the export of hazardous waste is conducted within the stipulated parameters. This includes the proper containment and transportation of the waste according to the outlined route and the disposal of the waste through the specified recovery operation at the Umicore Precious Metal Refining facility. The company must also ensure compliance with any additional conditions imposed by the permit, which may include environmental and safety protocols. The Act mandates that the shipment must not commence before the effective date and must be completed by the specified end date.
In terms of breaches and penalties, the Act does not explicitly state the penalties within this notice. However, it is implied that failure to comply with the conditions of the permit could result in legal consequences. Breaches of the conditions could lead to the revocation of the permit, fines, or other penalties as prescribed under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Additionally, the Act provides for avenues of recourse for those affected by the decision, allowing them to seek reasons for the permit decision from the Department of the Environment and to request an independent review from the Administrative Appeals Tribunal within 28 days of the notice. The notice also provides contact details for further enquiries and administrative procedures.