NOTICE OF DECISION TO GRANT A PERMIT RECEIVED 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 22 February 2016, permit AUH15-081 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:
(i) the proposed exporter of the waste is Sims E-Recycling (NZ) Ltd, 69 Aintree Avenue, Mangere 2022 New Zealand (Telephone + 64 09 275 1501; Facsimile +64 09 275 1502);
(ii) the type of the waste is mixed electronic waste (Basel Code A1180);
(iii) the maximum quantity of the waste that may be imported is 1200 tonnes;
(iv) the waste is to be transported either loose, in bulk bags, or shrink wrapped onto pallets in fully sealed shipping containers during import;
(v) the waste is to be transported by road to the port of export, shipped by sea, and then by road from the port of destination to the recovery facility;
(vi) the waste may only be imported during the permit period;
(vii) the waste is to be exported from the port of Auckland, New Zealand;
(viii) the waste is to be imported to the port of Sydney, Australia;
(ix) the waste will not transit any countries;
(x) the waste is to undergo recovery operations at the Sims E-Recycling facility at 82 Marple Avenue, Villawood NSW 2163;
(xi) the recovery operations are R4 – Recycling/reclamation of metals and metal compounds;
(xii) no shipment is authorised under this permit before 4 March 2016 and all transboundary movement of the waste is to be completed by 3 March 2017.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste 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 email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to regulate the transboundary movement of hazardous wastes and provide a mechanism for controlling their export and import. The Act was introduced to address the problem of improper disposal and management of hazardous wastes, ensuring that they are handled in an environmentally sound manner and preventing the illegal traffic of such wastes. The policy objective of the Act is to protect human health and the environment from the potential risks associated with the export and import of hazardous wastes. The Act requires that permits be issued for the transboundary movement of hazardous wastes, with specific conditions and requirements to be met by the exporters and importers. The notice of decision to grant a permit, as in the case of Sims E-Recycling, signifies the regulatory oversight and control exercised by the Department of the Environment over the movement of hazardous wastes in Australia.
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, including Sims E-Recycling Pty Ltd, which is mentioned in the gazetted notice. This Act ensures that hazardous waste is managed responsibly, particularly concerning its transboundary movement. The permit granted under this Act applies to the specific case of Sims E-Recycling (NZ) Ltd exporting mixed electronic waste from New Zealand to Australia. The geographic reach of the Act extends to both the Commonwealth and state levels, given that hazardous waste management is a shared responsibility under the Australian Constitution. The permit is applicable within Australia's jurisdictional boundaries, specifically focusing on the import of waste into Sydney and its subsequent processing at the Villawood facility. The Act does not specify exclusions or exemptions but rather imposes conditions on the permit to regulate the movement and processing of hazardous waste. Subordinate instruments may further refine or expand the application of the Act, ensuring compliance with international obligations under the Basel Convention.
Key Provisions
The notice provided under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs that a permit (AUH15-081) was granted to Sims E-Recycling Pty Ltd on 22 February 2016. The permit authorises the importation of mixed electronic waste (Basel Code A1180) from Sims E-Recycling (NZ) Ltd into Australia. It specifies the type of waste, the maximum quantity (1200 tonnes), the transportation methods, and the recovery operations to be undertaken at the Sims facility in Villawood, NSW. The waste must be exported from Auckland, New Zealand, and imported to Sydney, Australia, without transiting any other countries, and must be imported during the permit period, which runs from 4 March 2016 until 3 March 2017. The permit includes certain conditions that govern the movement and handling of the waste.
The permit imposes several obligations on the parties involved. Sims E-Recycling Pty Ltd must ensure that the waste is exported and imported in compliance with the conditions of the permit. This includes the proper transportation of the waste in sealed shipping containers, the avoidance of transiting other countries, and the completion of the recovery operations within the specified timeframe. The permit also mandates that Sims E-Recycling (NZ) Ltd, as the exporter, complies with the regulations governing the export of hazardous waste. Both parties must adhere to the requirements for record-keeping and reporting as stipulated in the Act.
Failure to comply with the conditions of the permit can result in various consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches of the permit conditions can lead to both civil and criminal penalties. Civil penalties may include fines and the requirement to rectify any non-compliance. Criminal penalties can include fines of up to $220,000 for individuals and $1,100,000 for corporations, along with potential imprisonment terms. Additionally, the Act allows for the suspension or revocation of the permit, which can severely impact the operations of the parties involved. It is crucial for all parties to adhere strictly to the permit conditions to avoid these serious consequences.