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 13 February 2015, transit permit number AUS15-003 was granted to New Zealand Aluminium Smelters Limited, Tiwai Road, No. 11RD, Invercargill 9877, New Zealand (Telephone: +64 3 218 5892; Facsimile: +64 3 218 9747).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is spent pot liner (Y32 – inorganic cyanides, Y33 – inorganic fluorine compounds);
(b) the quantity of the waste to be transited is a maximum of 10 000 tonnes in up to 26 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 United Kingdom;
(e) the waste will be recovered at Befesa Salt Slags Limited by recovery operations ‘R4 – recycling/reclamation of metals and metal compounds’ and R5 – ‘recycling/reclamation of other inorganic materials’;
(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 to address the need for stringent regulation of the export and import of hazardous waste within Australia. This legislation was introduced by the Australian Parliament to ensure that the movement of hazardous waste across borders is managed in a way that protects human health and the environment. The policy objective of the Act is to control the transboundary movement of hazardous waste, ensuring it is conducted in an environmentally sound manner, with proper notification and consent from the relevant authorities. The notice of the grant of a transit permit under this Act exemplifies its application, illustrating how it regulates the transit of hazardous waste, in this case spent pot liner, from New Zealand through Australia to the United Kingdom for recovery operations.
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, to, or from Australia, including the importer or exporter of the waste, the carrier, and the transit state. This legislation is administered at the national level by the Commonwealth of Australia, ensuring consistent regulation across the states and territories. The Act governs the management of hazardous waste to protect human health and the environment from the risks posed by such waste. It sets out requirements for the licensing and management of hazardous waste exports and imports, including transit permits for hazardous waste moving through Australian territory. Exclusions and exemptions within the Act typically pertain to certain types of waste that are regulated under other legislation or to waste quantities below certain thresholds. The Act’s application can be extended or restricted through subordinate instruments, such as regulations and guidelines, which provide detailed provisions on waste classification, packaging, transportation, and other related practices.
Key Provisions
The primary operative sections of the notice pertain to the granting of a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically referencing section 33 (section 33). This notice officially informs the public and relevant parties that a transit permit numbered AUS15-003 was granted on 13 February 2015 to New Zealand Aluminium Smelters Limited for the transit of hazardous waste, specifically spent pot liner categorised under Y32 and Y33, from New Zealand through Australia to the United Kingdom. The permit outlines that the waste must be transported in up to 26 shipments, not exceeding a total of 10,000 tonnes, and must adhere to stringent packaging and transportation regulations as per the United Nations Committee of Experts on the Transport of Dangerous Goods. Furthermore, the permit specifies that the waste will be recovered by Befesa Salt Slags Limited through specific recycling operations and is valid for a period of twelve months from the date of issuance.
The Act imposes several obligations on the parties involved. New Zealand Aluminium Smelters Limited, as the permit holder, is required to ensure that the hazardous waste is transported in compliance with the conditions specified in the permit, including the adherence to the applicable regulations and standards for the transport of dangerous goods. Additionally, the company must ensure that the waste is only shipped within the specified timeframe and that all shipments are documented and reported as required by the permit conditions. The Department of the Environment, as the issuing authority, has a duty to monitor compliance and to take appropriate action if the conditions of the permit are breached.
The notice also delineates the legal consequences for non-compliance with the permit conditions. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, any breach of the permit conditions could lead to both civil and criminal penalties. The specific offences and penalties are not detailed in the notice but generally, violations of hazardous waste transport regulations can result in substantial fines and, in severe cases, imprisonment. The exact penalties would be determined by the courts based on the nature and severity of the breach.
For individuals or entities whose interests are affected by the decision to grant the transit permit, the notice provides avenues for seeking reasons for the decision or applying for an independent review. According to the Administrative Appeals Tribunal Act 1975, affected parties can request the reasons for the decision in writing from the Department of the Environment within 28 days of the notice. Moreover, an application for an independent review can be made to the Administrative Appeals Tribunal within 28 days of receiving the reasons for the decision or, if the reasons are not sought, within 28 days of the notice. These provisions ensure transparency and provide legal recourse for those who may be adversely impacted by the decision.