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 Basel export permit AUH16-036 was granted to Orica Australia Pty Ltd (ACN 004 117 828), Level 5, 1 Nicholson Street, Melbourne Victoria 3000 (Telephone: +61 3 9665 7483; Facsimile: +61 3 9665 7521).
The particulars of the permits are as follows:
(a) the type of waste to be exported is hexachlorobenzene and chlorinated wastes containing hexachlorobenzene (Basel Code A3170);
(b) the maximum quantity of the waste that may be exported is 135 tonnes;
(c) the waste is to be exported by sea and then by road to the disposal facility;
(d) the waste may only be exported during the permit period;
(e) the waste is to be exported by sea to Hamina, Finland and then by road to Riihimäki, Finland;
(f) the waste will be dealt with by disposal operation D10 – Incineration on land;
(g) the waste is to undergo the disposal operation at the Ekokem Corporation facility in Riihimäki, Finland by the process of high temperature incineration.
The permit includes and is subject to conditions.
The Hon Josh Frydenberg MP
Minister for the Environment and Energy
20 October 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 provide a regulatory framework for the export and import of hazardous waste, aiming to protect human health and the environment from the potential risks associated with such activities. This legislation was introduced to address the need for stringent controls over the movement of hazardous waste across borders, ensuring that any such movement is conducted in a manner that minimises potential harm. The Act was enacted by the Commonwealth Parliament, reflecting a national policy objective to maintain high standards in the management and transboundary movement of hazardous materials. Through this Act, the government seeks to align with international conventions such as the Basel Convention, which seeks to reduce the movements of hazardous waste between nations, particularly from developed to less developed countries.
Scope and Application
The notice pertains to the granting of a Basel export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically addressing the export of hazardous waste by Orica Australia Pty Ltd. The Act applies to entities involved in the export or import of hazardous waste, with this instance concerning the export of hexachlorobenzene and chlorinated wastes containing hexachlorobenzene. The permit is subject to stringent conditions, including the limitation of the exported waste to a maximum of 135 tonnes, its transportation by sea to Hamina, Finland, followed by road transport to Riihimäki, Finland for incineration. This process must occur within the permit period, and the waste will be disposed of via high temperature incineration at the Ekokem Corporation facility. The jurisdictional reach of this Act is national, extending to the regulation of hazardous waste exports and imports across Australia. The notice also provides avenues for appeal and review by interested parties within specified timeframes.
Key Provisions
The main operative sections of the Gazette notice inform that the Basel export permit AUH16-036 has been granted to Orica Australia Pty Ltd for the export of hexachlorobenzene and chlorinated wastes containing hexachlorobenzene. Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides the legal basis for this notification. The permit specifies the type of waste (Basel Code A3170), the maximum quantity (135 tonnes), and the disposal method (incineration on land). It also outlines the transport route from Melbourne to Riihimäki, Finland, and the facility (Ekokem Corporation) where the incineration will take place.
The Act imposes specific obligations on the permit holder, Orica Australia Pty Ltd. These include adhering to the specified conditions of the permit, ensuring that the waste is exported within the permitted period, and that it is transported and disposed of in accordance with the outlined method and location. The permit holder must also ensure that all necessary notifications and documentation are provided to the relevant authorities and that any changes to the export plan are reported promptly.
The legislation outlines potential consequences for breaches of the Act. Offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in civil or criminal penalties. The specific penalties are determined by the nature and severity of the breach. For example, knowingly making a false statement in an application for a permit can lead to fines of up to $220,000 for an individual or $1,100,000 for a body corporate, as per section 41 of the Act. Criminal penalties may also apply, depending on the circumstances and the discretion of the court. Failure to comply with the permit conditions could result in further sanctions, including the revocation of the permit or additional fines.