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 31 March 2015, permit AUS15-008 was granted to Sims E-Recycling Pty Ltd (Sims) (ACN 114 176 493), 82 Marple Ave, Villawood, NSW 2163 (Telephone: +61 2 8708 2013; Facsimile: +61 2 9755 7871).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is mixed electronic waste (Basel Code A1180);
(b) the quantity of the waste to be imported is a maximum of 1200 tonnes;
(c) the method of transport by which the waste is to be imported in up to sixty
(60) shipments is:
(i) by sea from Auckland in New Zealand to Sydney; and then
(ii) by land to the facility operated by Sims at 82 Marple Avenue, Villawood NSW 2163;
(d) at that facility, the waste is to undergo recovery operation R4 – Recycling/reclamation of metals and metal compounds; and
(e) no shipment is authorised under this permit before the date below and all transboundary movement of the waste is to be completed by 29 February 2016.
The permit includes and is subject to the conditions that form the Schedule to this permit.
Declan O’Connor-Cox
Delegate to the Minister
Acting 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 information or 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 issue of the improper export and import of hazardous waste, which posed significant environmental and health risks. This legislation was introduced to regulate the transboundary movement of hazardous waste in order to protect human health and the environment. The Act was passed by the Parliament of Australia, aiming to align Australia's waste management practices with international standards, particularly those established by the Basel Convention. The policy objective of the Act is to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment, both domestically and internationally. The Act provides a framework for the control of hazardous waste exports and imports, including the requirement for permits and the imposition of conditions to manage potential risks associated with such activities.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity engaged in the export or import of hazardous waste within Australia. The Act sets out the regulatory framework for the transboundary movement of hazardous waste, ensuring that such activities are conducted in an environmentally sound manner. The Act applies nationally, with the Commonwealth having jurisdiction over the regulation of hazardous waste exports and imports. The Act does not apply to the export or import of hazardous waste within Australia's territorial limits unless it involves transboundary movement. Exemptions or exclusions from the permit requirements are not explicitly stated in the notice but can be found in the detailed conditions of the permit itself. The application and interpretation of the Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, issued by the Department of the Environment.
Key Provisions
The key provisions of the notice detail the grant of a hazardous waste import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, Section 33 of the Act enables the delegate to the Minister to issue such permits, and this notice confirms the grant of permit AUS15-008 to Sims E-Recycling Pty Ltd for the import of mixed electronic waste, classified as Basel Code A1180. The permit authorises the import of up to 1200 tonnes of hazardous waste in up to sixty shipments, transported by sea from Auckland, New Zealand, to Sydney, Australia, and then by land to Sims' facility in Villawood, NSW. The waste is intended for recovery operations involving the recycling and reclamation of metals and metal compounds (operation R4). This transboundary movement of waste must be completed by 29 February 2016, and no shipment is permitted before the specified date. The permit is subject to conditions outlined in the Schedule.
Under the Act, the permit holder, Sims E-Recycling Pty Ltd, must comply with the terms and conditions set out in the Schedule to the permit. This includes adhering to the specified method of transport, ensuring the waste is handled and processed in accordance with the outlined recovery operations, and maintaining records of the waste's transboundary movement. Compliance with these conditions is crucial to ensuring that the hazardous waste is managed in an environmentally sound manner, in line with Australia's obligations under international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.
Breaches of the conditions stipulated in the permit or any other obligations under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to serious consequences. The Act provides for both civil and criminal penalties. For instance, a person who contravenes a condition of a permit may be subject to a civil penalty of up to $66,600 for an individual and up to $333,000 for a body corporate, as prescribed under Section 35 of the Act. Additionally, serious or repeated breaches may result in criminal penalties, including fines of up to $1,100,000 and/or imprisonment for up to 10 years for individuals, and up to $5,500,000 and/or imprisonment for up to 20 years for bodies corporate. These penalties underscore the importance of strict compliance with the conditions set out in the permit to avoid potential legal ramifications.