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 Waigani import permit AUH16-037 was granted to Tox Free Australia Pty Ltd (ACN 127 853 561), 42 Heather Street, Heatherbrae, NSW, 2324, Telephone: +61 (2) 4987 7022, Facsimile: + 61 (2) 4987 7622.
The particulars of the permits are as follows:
(a) the type of waste to be imported is non-halogenated solvents (Basel Code A3140);
(b) the maximum quantity of the waste that may be imported is 100,000 litres;
(c) the waste is to be imported by sea and then by road and/or sea to the recovery facilities;
(d) the waste may only be imported during the permit period;
(e) the waste is to be imported to Newcastle, Sydney or Melbourne, Australia;
(f) the waste will be dealt with by recovery operations R13 – Accumulation of material for any operations numbered R1 to R12, and R1 – Use as a fuel (other than in direct incineration) or other means to generate energy, and recovery;
(g) the waste is to undergo the recovery operation R13 at Tox Free’s Heatherbrae and St Marys (New South Wales) facilities before being sent to Geocycle SBF Pty Ltd, Dandenong South (Victoria), to be blended in the manufacture of fuel to be used in cement kilns. The blended waste will then be transported by road/sea to Cement Australia owned facilities in Gladstone (Queensland) and Railton (Tasmania) where it will undergo recovery operation R1.
The permit period is from the date below and expires one year from this date. 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 by the Parliament of Australia to regulate the export and import of hazardous waste, thereby addressing the problem of transboundary movement of hazardous waste and ensuring that such movements are conducted in a manner that protects human health and the environment. This Act provides the legal framework for granting and managing permits for the importation of hazardous waste, with the policy objective of controlling and minimising the risks associated with the transboundary movement of hazardous waste. The Act aims to ensure that hazardous waste is managed in a manner that protects human health and the environment, and promotes the responsible and environmentally sound management of hazardous waste within Australia.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities involved in the import and export of hazardous waste within Australia. Specifically, the Act pertains to businesses, individuals, and organisations that seek to import hazardous waste into the country. The legislation establishes a regulatory framework that governs the conditions under which such imports can occur, ensuring that they are conducted in a manner that safeguards public health and the environment. The Act's jurisdiction extends across the Commonwealth of Australia, and its provisions apply uniformly across all states and territories. Notably, the Act allows for the issuance of specific permits for hazardous waste imports, which are subject to particular conditions as outlined in the permit details. These conditions may include restrictions on the type and quantity of waste, the method of transportation, and the intended recovery operations at designated facilities. The permit in question, AUH16-037, was granted to Tox Free Australia Pty Ltd and pertains to the importation of non-halogenated solvents for specified recovery operations across various Australian locations. The Act may be subject to further regulation or modification through subordinate instruments, ensuring that it remains aligned with evolving environmental standards and international obligations.
Key Provisions
The Gazetted notice of decision to grant a permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, provides a detailed account of the permit issued to Tox Free Australia Pty Ltd. According to section 33 of the Act, the permit, AUH16-037, has been granted for the importation of non-halogenated solvents, classified under Basel Code A3140, with a maximum quantity of 100,000 litres (section 33(1)(a)). The waste is intended to be transported by sea and subsequently by road and/or sea to recovery facilities in Newcastle, Sydney, or Melbourne (section 33(1)(c), (e)). The permit is valid for one year from the date of issuance, during which all transboundary movements must be completed (section 33(1)(d), (f)). The waste will undergo recovery operation R13 at Tox Free’s Heatherbrae and St Marys facilities in New South Wales before being transported to Geocycle SBF Pty Ltd in Dandenong South, Victoria, for blending into fuel for cement kilns. The final recovery operation, R1, will take place at Cement Australia facilities in Gladstone, Queensland, and Railton, Tasmania (section 33(1)(g)).
The permit comes with specific obligations for Tox Free Australia Pty Ltd, including adherence to the stipulated waste type, maximum quantity, transportation methods, destination, and recovery operations (section 33(1)). It is essential that the company follows these conditions to ensure compliance with the Act. Any deviation from these conditions could result in legal repercussions.
Violation of the conditions or non-compliance with the permit terms can lead to various legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, there are potential civil and criminal penalties for breaches. While the Gazetted notice does not specify maximum penalties, breaches of similar environmental legislation can result in substantial fines for corporations and potential imprisonment for individuals, depending on the severity of the breach. It is advisable for Tox Free Australia Pty Ltd to strictly adhere to the permit conditions to avoid these consequences.