NOTICE OF DECISION TO GRANT A BASEL 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 10 August 2015, permit number AUS15-037 was granted to Sterihealth Pty Ltd (Sterihealth) (ACN 060 871 249), 110 Doherty’s Road, Laverton North, Victoria 3026 (Telephone + 61 3 8762 8324; Facsimile + 61 3 8762 8345).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is clinical waste (Basel code A4020);
(b) the quantity of the waste to be imported is a maximum of 150 000 kilograms;
(c) the method of transport by which the waste is to be imported in multiple shipments is:
(i) by sea from the port of Auckland, New Zealand to the port of Geelong in Australia; and
(ii) by road from the port of Geelong to Sterihealth’s disposal facility located at 110 Doherty’s Road, Laverton North, Victoria 3026.
(d) the waste is to be disposed of at Sterihealth’s Laverton North facility by disposal operation D10 – Incineration on land;
(e) no shipment is authorised under this permit before the date below or after twelve (12) months from that date.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Chemicals and Waste 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 under 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, 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 problem of the uncontrolled and potentially harmful movement of hazardous waste across international borders. This Act was introduced by the Parliament of Australia to provide a legislative framework that regulates the export and import of hazardous waste, thereby ensuring that such waste is managed in an environmentally sound manner. The policy objective of the Act is to protect human health and the environment from the adverse effects of hazardous waste by imposing strict controls on its transboundary movement and by requiring that such waste be managed in a manner that minimises risks to human health and the environment. The Act is enforced by the Department of the Environment, which is responsible for issuing permits and ensuring compliance with the conditions attached to these permits.
Scope and Application
The Basel Import Permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains specifically to the importation of hazardous waste, in this instance, clinical waste designated as Basel code A4020. The permit is issued to Sterihealth Pty Ltd, an entity based in Victoria, Australia, and authorises the import of up to 150,000 kilograms of hazardous waste. This waste will be transported by sea from Auckland, New Zealand to Geelong, Australia, and then by road to Sterihealth’s disposal facility in Laverton North. The disposal method specified under this permit is incineration on land, classified as disposal operation D10. The permit is time-bound, with no shipments allowed before the specified date and a restriction on shipments beyond twelve months from that date. This permit is subject to certain conditions and is part of the regulatory framework that governs the management and disposal of hazardous waste in Australia. The legislation applies nationally but is administered by the Commonwealth through the Department of the Environment. There are no stated exclusions in the notice, but the permit is subject to the broader conditions and restrictions of the Act, which may be further defined through subordinate legislation or administrative guidelines.
Key Provisions
The main operative sections of this Gazette notification under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) detail the granting of permit number AUS15-037 to Sterihealth Pty Ltd for the import of a specified quantity of hazardous waste. According to the notification, the permit authorises the importation of up to 150,000 kilograms of clinical waste (Basel code A4020) from Auckland, New Zealand, to Sterihealth's facility in Laverton North, Victoria. The waste will be transported by sea from Auckland to Geelong and then by road to the disposal facility. The waste will be disposed of using incineration on land (disposal operation D10). The permit is valid for shipments occurring within twelve months from the date of the permit.
The obligations imposed by this permit on Sterihealth Pty Ltd include adhering to the specified transportation and disposal methods, ensuring that all waste shipments comply with the conditions outlined in the permit, and maintaining records to demonstrate compliance with the Act. Sterihealth must also ensure that the waste is not transported outside the authorised time frame and that it is disposed of in accordance with environmental regulations.
Failure to comply with the terms and conditions of the permit may result in civil or criminal penalties. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches can lead to fines, imprisonment, or both. The maximum penalties for contravening the Act can include fines of up to $2,200,000 for corporations and up to $440,000 for individuals, along with imprisonment for up to five years. Additionally, the Department of the Environment may revoke the permit or impose further restrictions on Sterihealth's activities related to hazardous waste imports. Legal action may also be taken by affected parties seeking judicial review or compensation for non-compliance.