NOTICE OF DECISION TO GRANT AN EXPORT 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 12 September 2014, permit number AUH 145483C was granted to TES-AMM Australia Pty Ltd (ABN 20 118 833 346) of 1 Marple Avenue, Villawood, NSW 2163 (ph: +61 2 81880088; fax: +61 2 9755 7717).
The particulars of the permit are as follows:
- the hazardous waste to be exported is leaded glass cullet from waste cathode ray tubes (Basel Code A2010);
- the quantity of the waste to be exported is a maximum of 1100 tonnes in up to fifty-five (55) shipments;
- the waste is to be exported by sea from Sydney direct to Busan in the Republic of Korea, with no transit ports;
- from Busan the waste is to be transported by land to Korea Zinc Co Ltd at Onsan Complex, 505 Daejung-ri, Onsan-eup, Ulju-Gun, Ulsan, Republic of Korea;
- at the facility of Korea Zinc Co Ltd, the waste is to undergo recovery operation R4 - Recycling/reclamation of metals and metal compounds; and
- no shipment is authorised under this permit before the date below and all transboundary movements are to be completed by 30 April 2015.
The permit includes and is subject to conditions.
Bruce Edwards
Delegate to the Minister
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, as listed in 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; e-mail hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of the improper export and import of hazardous waste, ensuring that such activities do not pose a risk to human health and the environment. This legislation was introduced by the Parliament of Australia with the policy objective of regulating the export and import of hazardous waste to protect Australia's environment and human health from the adverse effects of such waste. The Act provides a framework for the management of hazardous waste, including the requirement for export permits and the imposition of conditions to ensure that hazardous waste is managed in an environmentally sound manner. This particular legislation not only facilitates the regulation of hazardous waste but also seeks to promote international cooperation in managing such waste through the control of transboundary movements.
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 within Australia, encompassing both the transport of such waste across borders and the activities related to its handling, processing, and disposal. The Act is a Commonwealth statute, meaning it applies across the entire nation, ensuring a uniform approach to the regulation of hazardous waste movements. The Act provides specific exclusions and thresholds for certain types of waste, such as radioactive waste, which are governed under separate regulations. The Act also allows for the issuance of export permits under specific conditions, as evidenced by the permit granted to TES-AMM Australia Pty Ltd for the export of leaded glass cullet from waste cathode ray tubes to Korea Zinc Co Ltd. The Act’s application can be extended or restricted through subordinate instruments, such as regulations and guidelines, which further define the scope and specifics of hazardous waste management and transport.
Key Provisions
The key operative sections of the notice (paragraph 2) indicate that a permit number AUH 145483C was granted to TES-AMM Australia Pty Ltd under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The permit allows for the export of leaded glass cullet from waste cathode ray tubes (Basel Code A2010) in a maximum quantity of 1100 tonnes, to be exported in up to 55 shipments from Sydney to Busan in the Republic of Korea, and subsequently transported by land to a facility of Korea Zinc Co Ltd in Onsan, Ulju-Gun, Ulsan, Republic of Korea. The waste will undergo recovery operation R4 - Recycling/reclamation of metals and metal compounds. The permit is subject to specific conditions and all transboundary movements must be completed by 30 April 2015.
The obligations and requirements imposed by the Act on the parties involved, particularly TES-AMM Australia Pty Ltd, include ensuring that the hazardous waste is exported according to the terms specified in the permit. This includes adhering to the maximum quantity of 1100 tonnes, the number of shipments, and the specific route and destination. The waste must also undergo the specified recovery operation at the designated facility. Furthermore, the permit is subject to conditions that must be complied with throughout the export process.
Breaching the terms of the permit or the conditions imposed by the Act may result in civil or criminal consequences. While the notice does not specify the exact penalties for breach, it is understood that violations of the Hazardous Waste (Regulation of Exports and Import) Act 1989 can lead to significant fines and, in some cases, imprisonment. The severity of the penalties will depend on the nature and extent of the breach. It is important for all parties involved to ensure compliance with the Act to avoid any potential legal repercussions.