NOTICE OF PERMIT GRANTED 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 6 July 2015, permit AUS15-007 was granted to TES-AMM New Zealand Ltd, 89 Lansford Crescent, Avondale, Auckland, New Zealand (telephone: +64 9 820 2109;
fax: +64 9 820 2405).
The particulars of the permit are as follows:
a) the hazardous waste to be transited is waste electrical and electronic equipment (Basel Code: A1180);
b) the quantity of the waste to be transited is a maximum of 1 200 tonnes in up to one hundred and twenty (120) shipments;
c) the waste will be transported by sea from New Zealand, transiting Brisbane en route to Singapore;
d) the waste will be recovered at the facility of TES-AMM Singapore Pte Ltd, No. 9 Benoi Sector, Singapore 629844;
e) no shipment is authorised under this permit before the date above or after twelve (12) months from that date.
Paul Kesby
Delegate to the Minister
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 enquiries should be directed to:
Director, Hazardous Waste Section
Department of the Environment
GPO Box 787 CANBERRA ACT 2601
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent controls over the export and import of hazardous waste within Australia. This legislation was introduced by the Australian Parliament to ensure that hazardous waste is managed in a manner that protects human health and the environment, both within Australia and in other countries. The Act establishes a permit system to regulate the movement of hazardous waste, ensuring that such waste is handled responsibly and in compliance with international standards, particularly those set by the Basel Convention. The policy objective of the Act is to prevent the illegal traffic of hazardous waste and to promote environmentally sound management practices in the handling and disposal of hazardous materials.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of hazardous waste exports and imports in Australia, governing the processes and requirements for handling, transiting, and disposing of hazardous materials. The legislation specifically pertains to entities and individuals involved in the export and import of hazardous waste, ensuring compliance with national and international regulations. The Act’s jurisdictional reach extends across the Commonwealth of Australia, with permits being granted under the authority of the Minister or their delegate, such as the notice provided for permit AUS15-007. This particular permit applies to TES-AMM New Zealand Ltd, detailing the specifics of the waste transited, including the type, quantity, and transportation route. The permit also includes limitations on the timeline for shipments. The Act allows for the application of additional regulations and conditions through subordinate instruments, which may further refine or extend the scope of the primary Act. Exclusions or exemptions from the Act’s application are not detailed in the notice, suggesting that all relevant hazardous waste export and import activities are subject to its provisions unless specifically exempted by other legislation.
Key Provisions
The key operative sections of the notice involve the granting of a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of this Act is pertinent here, providing the legal basis for issuing a permit for the export and transit of hazardous waste. The notice specifies that permit AUS15-007 was granted to TES-AMM New Zealand Ltd on 6 July 2015, with detailed particulars concerning the type and quantity of hazardous waste, the shipping route, and the authorised timeframe for shipments. The permit allows for the transit of waste electrical and electronic equipment (Basel Code: A1180), with a maximum quantity of 1,200 tonnes in up to 120 shipments, via sea transport from New Zealand through Brisbane to Singapore, with recovery to be undertaken at a specified facility in Singapore. Additionally, the permit restricts shipments to occur only within twelve months from the date of the permit grant.
The obligations imposed by the Act on TES-AMM New Zealand Ltd and TES-AMM Singapore Pte Ltd include strict adherence to the permit's terms and conditions. They must ensure that the hazardous waste is transported and recovered within the specified timeframe and route. They are also required to comply with all environmental and hazardous waste management regulations pertinent to the export and import of such materials. Additionally, any changes to the operations or logistics must be reported to the relevant authorities, and the entities must maintain records and documentation to demonstrate compliance with the permit conditions and regulatory requirements.
Failure to comply with the conditions of the permit or the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant legal consequences. Under the Act, breaches may result in civil penalties, which can include fines up to a maximum of $66,000 per offence for corporations and $13,200 for individuals. Additionally, criminal penalties may apply, which can include fines up to $660,000 for corporations and $132,000 for individuals, or imprisonment for up to five years, or both. The notice also highlights the administrative process for seeking reasons for the permit decision or requesting a review by the Administrative Appeals Tribunal, allowing affected parties to seek clarification or challenge the decision within specified timeframes.