NOTICE OF DECISION TO GRANT TWO WAIGANI IMPORT PERMITS 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 28 May 2014 permit AUH432134L was granted to Toxfree Australia Pty Ltd, (ACN 31127 853 561), 42 Heather Street, Heatherbrae NSW 2324.
(Telephone +61 2 4961 1887; Facsimile +61 2 4969 5887).
The particulars of the permits are as follows:
(a) the hazardous waste to be imported is waste paint (Basel Code A4070);
(b) the quantity of the waste to be imported is a maximum of 60 000 litres;
(c) the waste is to be imported in up to 10 shipments:
(i) by sea from Port Moresby direct to Newcastle, NSW; and
(ii) then by land to the facility operated by Toxfree at 42 Heather Street, Heatherbrae, NSW 2324, to undergo repackaging;
(d) from there, all of the waste is to be transported to Geocycle SPF Pty Ltd, 1/92-94 Ordish Road, Dandenong South, VIC to undergo operation R1 – Use as a fuel (other than in direct incineration) or other means to generate energy;
(e) the permit expires on 12 May 2015 and all transboundary movements of the waste must be completed by that date.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection Branch
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.
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 by the Parliament of Australia to address the need for stringent control over the import and export of hazardous waste. This legislation aims to protect the environment and public health from the potential risks associated with hazardous waste, ensuring that such waste is managed in a way that minimises environmental harm and human health risks. The Act provides a regulatory framework that allows for the granting of permits for the importation of hazardous waste under specific conditions, as evidenced by the issuance of import permits like AUH432134L to Toxfree Australia Pty Ltd. The policy objective of the Act is to regulate the transboundary movement of hazardous waste in a manner that is protective of human health and the environment.
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. This includes businesses such as Toxfree Australia Pty Ltd, which in this instance, has been granted a permit to import up to 60,000 litres of waste paint from Port Moresby to Newcastle, NSW, for repackaging and subsequent energy recovery operations. The Act has a national jurisdictional reach as it is a Commonwealth Act. It is important to note that the Act can be extended or restricted through subordinate instruments, such as regulations or guidelines, which can provide further details on the types of hazardous waste covered, the processes for permit applications, and the conditions under which such imports or exports can occur. The Act does not specify any exclusions, exemptions, or thresholds within the gazetted decision itself, but these might be detailed in the permit conditions or in other regulatory documents. Affected parties have the right to seek reasons for the permit decision and to apply for an independent review if they believe their interests are adversely impacted.
Key Provisions
The key provisions of the legislation as detailed in the Gazette involve the grant of two Waigani Import Permits under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, Section 33 of the Act is invoked to issue permit AUH432134L to Toxfree Australia Pty Ltd for the importation of hazardous waste, namely waste paint, with certain conditions and limitations. The waste paint, identified by Basel Code A4070, can be imported in a maximum quantity of 60,000 litres, divided into up to 10 shipments. These shipments will arrive by sea from Port Moresby to Newcastle, NSW, and then be transported by land to a Toxfree facility in Heatherbrae, NSW for repackaging. Ultimately, the waste will be transported to Geocycle SPF Pty Ltd in Dandenong South, VIC, where it will be used as fuel or another method to generate energy. The permit is set to expire on 12 May 2015, and all transboundary movements of the waste must be completed by this date.
The obligations and requirements imposed by this legislation on the parties involved include adherence to the specified conditions of the permit. Toxfree Australia Pty Ltd must ensure that the waste paint is imported and transported as per the terms outlined, including the repackaging at their facility in Heatherbrae and the final use at Geocycle SPF Pty Ltd. Both companies must also comply with all relevant hazardous waste regulations and any additional conditions imposed by the permit. This includes maintaining records of the waste's movement and ensuring that all transboundary movements are completed by the permit's expiration date.
In terms of consequences for breach, the legislation does not explicitly detail specific offences, penalties, or consequences for non-compliance. However, under the broader Hazardous Waste (Regulation of Exports and Imports) Act 1989, violations of permit conditions or other regulatory requirements can lead to various sanctions. These may include fines, imprisonment, or other penalties as prescribed by the Act. The maximum penalties can vary significantly depending on the severity of the breach and the specific provisions of the Act that are contravened. Therefore, it is crucial for Toxfree Australia Pty Ltd and Geocycle SPF Pty Ltd to strictly adhere to all conditions of the permit to avoid any potential legal repercussions.