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 5 September 2014, permit number AUH 143666K was granted to Sims E-Recycling Pty Ltd (ABN 74 114 176 493), 82 Marple Avenue, Villawood, NSW 2163 (phone +61 2 8708 2013; facsimile: +61 2 97557871).
The particulars of the permit are as follows:
- the hazardous waste to be exported is waste glass cullet from cathode ray tubes (Basel Code A2010);
- the quantity of the waste to be exported is a maximum of 4000 tonnes in up to two hundred (200) shipments;
- the waste is to be exported by sea from Sydney direct to Pusan in the Republic of Korea, with no transit ports;
- from Pusan the waste is to be transported by land to Korea Zinc Co Ltd at Onsan Complex, 505 Daejung-ri, Onsan-eup, Ulju-kun, Republic of Korea;
- at the facility of Korea Zinc Co Ltd, the waste is to undergo recovery operation R4 - Recycling/reclamation of metals and metal compounds; and
- no shipment is authorised under this permit before the date above and all transboundary movements are to be completed by 31 August 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, as listed in the 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; e-mail hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls on the export and import of hazardous waste, ensuring these activities do not adversely affect human health or the environment. This Act was introduced by the Australian Parliament to provide a regulatory framework that aligns with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The policy objective of the Act is to prevent the export of hazardous waste to countries that cannot manage it safely and to promote environmentally sound management of hazardous waste within Australia. This legislative approach aims to protect both domestic and international environments from the potential risks associated with hazardous waste trafficking.
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. This includes businesses such as Sims E-Recycling Pty Ltd, which in this case was granted a permit to export waste glass cullet from cathode ray tubes to Korea Zinc Co Ltd. The Act has a national reach, governing such activities across the Commonwealth of Australia. The permit granted to Sims E-Recycling Pty Ltd specifies the type and quantity of hazardous waste to be exported, the destination, and the intended use of the waste at the receiving facility. The Act allows for the application of additional conditions to these permits, which can be tailored through subordinate instruments to meet specific regulatory requirements. There are no stated exclusions or exemptions in the permit details provided, but the Act itself may contain provisions that apply under certain circumstances. Interested parties who believe their interests are affected by a permit decision have the right to request reasons for the decision and may seek an independent review through the Administrative Appeals Tribunal.
Key Provisions
The main operative sections of the legislation are section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which mandates the granting of an export permit for hazardous waste, and the notice provided in accordance with this section. This notice specifies the grant of permit number AUH 143666K to Sims E-Recycling Pty Ltd, detailing the type and quantity of hazardous waste to be exported, the destination, and the operations to be performed on the waste. The notice also highlights that the permit is subject to specific conditions and that no shipments are authorised until the date mentioned, with all movements to be completed by a specified deadline.
The Act imposes several obligations and requirements on the parties it governs. Firstly, Sims E-Recycling Pty Ltd, as the permit holder, must ensure compliance with all conditions outlined in the permit, including the type of waste to be exported, the quantity, and the destination. They must also adhere to the specified timeline for the export and recovery operations. The waste must be transported directly from Sydney to Pusan, South Korea, with no intermediate ports, and must be processed at the designated facility of Korea Zinc Co Ltd. Additionally, the permit holder must maintain records and documentation to evidence compliance with the permit conditions and be prepared to provide such information upon request.
The legislation also outlines the potential consequences for breach of its provisions. Offences under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal penalties. Civil penalties may include fines, with the maximum penalty specified by the relevant state or territory law. Criminal penalties can include imprisonment, fines, or both, depending on the severity and nature of the breach. The specific penalties would be determined in the context of the particular breach and the jurisdiction in which it occurs. Additionally, failure to comply with the permit conditions can result in the cancellation of the permit and potential legal action against the permit holder.