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 special import permit AUH16-041 was granted to Sims Group Australia Holdings Limited (ACN 008 634 526), 148 Dunn Road, Rocklea, Queensland, 4106 (Telephone +61 7 3277 3000; Facsimile: +61 7 3277 8866).
The particulars of the permits are as follows:
(i) the proposed exporter of the waste is ETV Sarl, 10, Ave Baie de Koutio, Z.I. Ducos, Noumea, New Caledonia (Telephone: +687 238383; Facsimile: +687 238 384);
(ii) the type of waste is used lead acid batteries (Basel Code A1160);
(iii) the maximum quantity of the waste that may be imported is 500 tonnes;
(iv) the waste is to be contained during import in ventilated, closed containers;
(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 imported to the Port of Brisbane, or Sydney, Australia;
(viii) there are no transit countries;
(ix) the waste is to undergo a recovery operation at the Renewed Metal Technologies Pty Ltd facility at Bomen, NSW; and
(x) the recovery operation is R4 – Recycling/reclamation of metals and metal compounds.
The permit is for a period of 12 months from 1st December 2016 to 30th November 2017.
All transboundary movements must be completed by the permit expiry date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment and Energy
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 and Energy requesting the reasons for the decision.
An application for independent merits 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 Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.
Further information or enquiries relating to the decision should be directed to:
Director, Hazardous Waste Section
Department of the Environment and Energy
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 to address the need for stringent control over the export and import of hazardous wastes, ensuring that such activities do not pose a risk to human health or the environment. This Act was introduced by the Australian Parliament and its policy objective is to protect public health and the environment by regulating the transboundary movement of hazardous wastes. The Act provides a framework for the control of hazardous waste movements, including the issuance of permits for the import and export of such wastes. The legislation aims to ensure that hazardous waste is managed in an environmentally sound manner, in line with international obligations, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Act empowers the Minister to grant permits for the import or export of hazardous wastes, subject to specified conditions, to ensure compliance with these objectives.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and persons involved in the export and import of hazardous waste in Australia, encompassing the movement of waste between Australia and other countries. This Act is a Commonwealth legislation, thus its jurisdiction extends nationally across Australia. The Act imposes regulatory controls over the import and export of hazardous waste, including the requirement for special import permits for specific types of waste. In the specific case of the permit AUH16-041 granted to Sims Group Australia Holdings Limited, it applies to the import of up to 500 tonnes of used lead acid batteries from ETV Sarl in New Caledonia. The permit outlines stringent conditions regarding the containment, transportation, and recovery operations of the waste, specifying that the waste must be contained in ventilated, closed containers and undergo a recovery operation at the Renewed Metal Technologies Pty Ltd facility in Bomen, NSW. The permit is limited to the importation of the specified waste type to the designated ports of Brisbane or Sydney and does not allow for transit through other countries. The permit is valid for one year from 1st December 2016 to 30th November 2017, after which any remaining transboundary movements must cease. Any person or entity affected by the decision to grant this permit may seek review by the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975.
Key Provisions
The main operative sections of the notice, specifically section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, pertain to the grant of a special import permit for hazardous waste. This permit, AUH16-041, has been granted to Sims Group Australia Holdings Limited and outlines the particulars and conditions under which hazardous waste may be imported. The permit allows for the importation of up to 500 tonnes of used lead acid batteries from ETV Sarl, to be contained in ventilated, closed containers, and transported via specified routes to the recovery facility of Renewed Metal Technologies Pty Ltd at Bomen, NSW, for recycling/reclamation of metals and metal compounds. The permit is valid from 1st December 2016 to 30th November 2017, and all movements must be completed within this period.
The obligations imposed by this Act on the parties involved include strict adherence to the conditions set out in the permit. Sims Group Australia Holdings Limited, as the importer, must ensure that the waste is handled, transported, and processed according to the permit's specifications. This includes using appropriate containers, adhering to the specified routes, and completing all transboundary movements within the permit period. The exporter, ETV Sarl, must also comply with the conditions of the permit, ensuring that the waste is correctly described and packaged for transport. Both parties are required to follow the stipulated recovery operation procedures at the facility in Bomen, NSW.
Breaches of the conditions outlined in the permit can lead to various consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, non-compliance with the terms of the permit may result in civil or criminal penalties. For example, knowingly providing false information in the application for the permit could lead to fines or imprisonment. Similarly, failure to comply with the conditions during the import process could result in the revocation of the permit, fines, and potential legal action. The specific penalties are not detailed in the notice but would be determined according to the severity and nature of the breach, with potential penalties including substantial fines and imprisonment for serious violations.