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 Basel transit permit AUH16-010 was granted to TES-AMM New Zealand Limited, 89 Lansford Crescent, Avondale, Auckland 1026, New Zealand (Telephone: +64 9 820 2109; Facsimile: +64 9 820 2405).
The particulars of the permit are as follows:
(a) the type of waste to be transported is waste electrical and electronic equipment and assemblies, including circuit boards, components and wires (Basel code: A1180); and
(b) the maximum quantity of the waste to be transported is 1,200 tonnes; and
(c) the waste is to be contained during transit in boxes or bulk bags and stacked and wrapped onto pallets; and
(d) the waste is to be transported by sea from New Zealand, transiting the port of Brisbane in Australia, en route to Singapore; and
(e) the carriers approved to transport the waste are:
(i) Schenker (NZ) Limited, 33 Richard Pearse Drive, Airport Oaks, Auckland, New Zealand (Telephone: +64 9 255 2866; Facsimile: +64 9 255 2998); and
(ii) TNL International Auckland Ltd, 47 Richard Pearse Drive, Mangere South, Auckland, New Zealand (Telephone: +64 9 256 2112 / 2115; Facsimile: +64 9 275 4404); and
(f) no transit 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.
Peter Brisbane
Delegate of the Minister
Chemicals and Waste Branch
Department of the Environment
25 May 2016
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 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
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 provide a regulatory framework for the export and import of hazardous waste, ensuring that such activities do not harm the environment or human health. The Act aims to align Australia's practices with international standards, particularly those established under the Basel Convention. The legislation was introduced by the Australian Parliament to address the need for stringent controls on hazardous waste movements to prevent illegal trafficking and improper disposal, which could have detrimental environmental and health effects both domestically and internationally. The policy objective is to facilitate the environmentally sound management of hazardous waste while allowing for legitimate trade in such materials under strict regulatory oversight.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste. This Act regulates the movement of hazardous waste to ensure that it is managed in a manner that protects human health and the environment. Specifically, it applies to the grant of permits for the export and import of hazardous waste, including the transport of such waste through Australian territory. The Act's jurisdictional reach is national, extending to Commonwealth, state, and territory levels. Exclusions and exemptions from the permit requirements may apply under specific conditions outlined in the Act or its subordinate instruments. The permit in question, AUH16-010, pertains to the transport of waste electrical and electronic equipment and assemblies, with specified conditions governing the transit of the waste from New Zealand through Australia to Singapore.
Key Provisions
Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides the legal basis for granting Basel transit permits, which in this instance, permit the transport of waste electrical and electronic equipment. The permit in question (AUH16-010) was issued to TES-AMM New Zealand Limited, detailing the specifics of the waste to be transported, its maximum quantity, the method of containment, and the route it will take from New Zealand to Singapore, with a transit stop in Brisbane, Australia (sections 33(1)(a) to (e)). The permit specifies that the waste must be transported by approved carriers, Schenker (NZ) Limited and TNL International Auckland Ltd, and sets a timeframe for the transit, which must occur within twelve months from the date of the permit (section 33(1)(f)).
The permit imposes several obligations on the parties involved. The permittee, TES-AMM New Zealand Limited, must ensure that the waste is transported strictly in accordance with the conditions outlined in the permit. This includes adhering to the specified type and quantity of waste, the method of containment, and the approved carriers for transportation. The carriers, Schenker (NZ) Limited and TNL International Auckland Ltd, must comply with all regulations governing the transport of hazardous waste, including those set by Australian and international authorities. Both parties must also ensure that all waste is contained and transported in a manner that minimises the risk of spillage, leakage, or any other form of environmental harm.
Failure to comply with the conditions of the permit may result in legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, any breach of the permit conditions could lead to civil or criminal penalties. The Act does not specify the exact penalties, but generally, breaches of hazardous waste transport regulations can result in substantial fines and, in severe cases, imprisonment. Additionally, any party found to have contravened the permit conditions could be subject to enforcement actions by the Department of the Environment or other relevant authorities, including the revocation of future permits or other administrative penalties.