NOTICE OF DECISION TO GRANT A SPECIAL IMPORT 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 9 January 2015, permit AUH143423I was granted to Sims Group Australia Holdings Ltd (ACN 008 634 526), 148 Dunn Road, Rocklea, Queensland 4106 (Telephone + 61 7 3277 3000; Facsimile + 61 7 3277 8886).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is used lead acid batteries;
(b) the quantity of the waste to be imported is a maximum of 500 tonnes;
(c) the waste is to be packed on pallets, shrink wrapped and strapped in plastic and placed in sealed containers. Each individual layer must be separated by card or fibre board with lime added for neutralisation of any spillage.
(d) the method of transport by which the waste is to be imported is:
(i) by sea from Noumea in New Caledonia, to the ports of Brisbane or Sydney in Australia and
(ii) by land from Brisbane or Sydney to the facility operated by Hydromet Operations (Southern) Limited (Hydromet) located at Unanderra NSW 2526
(e) the waste is to be disposed of at the Hydromet facility by recovery operations
R4 - Recycling and reclamation of metals and metal compounds and
(f) no shipment is authorised under this permit before the date below and all transboundary movement of the waste is to be completed by 30 November 2015.
The permit includes and is subject to conditions.
Peter Brisbane
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 by the Parliament of Australia to address the growing issue of hazardous waste being improperly exported to and imported into the country. The Act aims to ensure that such waste is managed in a way that protects human health and the environment, thereby filling a legislative gap in the regulation of hazardous waste movements. By providing a framework for the control of hazardous waste exports and imports, the Act seeks to prevent environmental harm and promote the responsible treatment of hazardous materials. The policy objective of the Act is to align Australia's practices with international standards, ensuring that the country does not become a dumping ground for hazardous waste and that waste management processes are conducted in an environmentally sound manner.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste, with particular focus on the processes, conditions, and authorisations required for such activities. This Act is of Commonwealth jurisdiction, meaning it applies across Australia and governs the transboundary movement of hazardous waste. The legislation applies to entities and persons involved in the import and export of hazardous waste, requiring them to obtain permits and adhere to specific conditions outlined in the Act. In the context of the permit granted to Sims Group Australia Holdings Ltd, the Act facilitates the importation of up to 500 tonnes of used lead acid batteries from Noumea in New Caledonia to specified ports in Australia for subsequent transportation to a facility in Unanderra, NSW. The waste is subject to stringent packing and transport conditions to ensure safety and compliance with environmental regulations. The permit specifies that the waste must be disposed of through recycling and reclamation operations. The Act allows for the imposition of conditions on permits through subordinate instruments, thereby extending or restricting the application as necessary to ensure compliance with environmental protection objectives.
Key Provisions
The main sections of the legislation reference a decision made under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, section 33 allows for the granting of special import permits for hazardous waste, and this legislation notifies that permit AUH143423I has been granted to Sims Group Australia Holdings Ltd. This permit authorises the import of used lead acid batteries, with strict conditions on the quantity, packaging, and transportation methods. The waste must not exceed 500 tonnes and must be packed in a specific manner to prevent spillage and neutralise any leaks. The import is allowed by sea from Noumea to Australian ports and then by land to a Hydromet facility in Unanderra, NSW. The waste is to be disposed of through recycling operations.
The Act imposes various obligations on the permit holder, Sims Group Australia Holdings Ltd. They must adhere to the stipulated conditions, including the precise packaging and transportation methods described. The permit also requires that no shipment of the hazardous waste is made before a specified date and that all transboundary movement is completed by 30 November 2015. Compliance with these conditions is mandatory, and any deviation could result in legal consequences.
Breach of the conditions set out in the permit or the Act itself can lead to significant legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, any person who contravenes the provisions of the Act, including the conditions of the permit, can be subject to penalties. The maximum penalties for such offences can include substantial fines and, in some cases, imprisonment. These penalties serve as a deterrent to ensure compliance with hazardous waste regulations and to protect public health and the environment from potential harm.