NOTICE OF DECISION TO GRANT AN EXPORT 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 3 September 2014, permit number AUH149437Q was granted to Orica Australia Pty Ltd (ACN 004 117 828), 1 Nicholson St, East Melbourne, VIC 3002 (Telephone: +61 3 9665 7543, Facsimile: +61 3 9665 7909).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste spent catalyst (Basel Code A2030) containing copper, zinc, aluminium oxide and carbon;
(b) the quantity of the waste to be exported is a maximum of 100 tonnes in one (1) shipment of four (4) containers;
(c) the waste is to be contained in metal drums approved for use with class 9 dangerous goods;
(d) the waste is to be exported is by sea from the Port of Botany, transiting ports in Singapore, Malaysia, Egypt and the United Kingdom en route to Antwerp, Belgium, from where it will travel by road to the Metallo Chimique International NV recovery facility, Nieuwe Dreef 33, 2340 Beerse;
(e) the waste is to be disposed of at the facility by recovery operation R4-recycling/reclamation of metals and metal compounds; and
(f) no shipment is authorised before the date above or after 31 March 2015.
The permit includes and is subject to conditions.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
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, see 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
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the transboundary movement of hazardous waste, which can pose significant risks to human health and the environment. This legislation was introduced by the Australian Parliament with the policy objective of regulating the export and import of hazardous waste to ensure it is managed in an environmentally sound manner. The Act provides a framework for the control of hazardous waste movements, including the issuance of export permits subject to certain conditions that aim to protect human health and the environment both in Australia and in the countries to which the waste is exported. This legislative approach seeks to ensure that hazardous waste is managed responsibly and in compliance with international standards, particularly those set out under the Basel Convention.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia and its territories. This legislation ensures that the export or import of hazardous waste is conducted in a manner that safeguards public health and the environment. The Act specifically applies to the permit process for the export of hazardous waste, as evidenced by the issuance of permit number AUH149437Q to Orica Australia Pty Ltd for the export of waste spent catalyst. The permit is subject to detailed conditions, including the type of hazardous waste, its quantity, and the method of transportation. The geographic scope of the Act is national, encompassing the entire Commonwealth of Australia and extending to the international borders where the waste is exported. Notably, the permit details the route of the shipment and the final destination, indicating the Act's jurisdictional reach over international transactions. The Act provides for the possibility of seeking reasons for decisions made under it and allows for applications for independent review, ensuring there are avenues for redress if affected parties believe their interests are impacted by the permit decisions.
Key Provisions
The main operative section of this legislation is section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which provides the framework for granting export permits for hazardous waste. This particular notice, under section 33, informs that a permit (AUH149437Q) was issued to Orica Australia Pty Ltd on 3 September 2014, allowing them to export up to 100 tonnes of waste spent catalyst in one shipment. The waste, contained in approved metal drums, is to be exported by sea from the Port of Botany, with transit through several international ports before reaching Antwerp, Belgium, and finally being processed at the Metallo Chimique International NV recovery facility.
The Act imposes several obligations and requirements on Orica Australia Pty Ltd as the permit holder. They must adhere to the specifics outlined in the permit, including the type and quantity of hazardous waste to be exported, the shipping method, and the route. They are also required to ensure the waste is contained in approved metal drums and that it is transported and disposed of in accordance with the terms set forth in the permit. Compliance with these conditions is crucial to avoid legal repercussions.
Breaches of the conditions set out in the permit or the Act could result in significant consequences. Although the specific penalties are not detailed in the notice, the Act generally allows for enforcement actions including fines and imprisonment for violations related to the export and disposal of hazardous waste. The severity of the penalty can depend on the nature and extent of the breach, with potential maximum penalties as outlined under the relevant sections of the Act. It is imperative for Orica Australia Pty Ltd to comply fully with all conditions to avoid facing these potential penalties.