NOTICE OF DECISION TO GRANT A TRANSIT 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 16 November 2015, transit permit AUH15-067 was granted to New Zealand Aluminium Smelters Limited, Tiwai Road, No. 11RD, Invercargill 9877, New Zealand, Telephone: +64 3 218 5892; Facsimile: +64 3 218 9747.
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is spent pot liner (Basel code: A4050);
(b) the quantity of the waste to be transited is a maximum of 10 000 tonnes in up to 26 shipments;
(c) the waste is to be transported by sea from New Zealand, transiting the port of Brisbane in Australia, en route to the United Kingdom;
(d) the carrier transporting the waste is Mediterranean Shipping Company (Aust) Pty Ltd, 19 Sheffield Crescent, Russley, Christchurch 8053 New Zealand (Telephone: +64 3 977 6999; Facsimile: +64 3 977 6972);
(e) no shipment is authorised under this permit before the date above or after twelve (12) months from that date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste 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 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, or by E-mail at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Commonwealth Parliament to address the need for stringent control over the movement of hazardous waste across international borders. The Act was designed to ensure that hazardous waste is managed in a way that minimises risks to human health and the environment, thereby preventing illegal trafficking and ensuring that the exporting and importing countries are fully informed about the waste being transported. The policy objective of the Act is to align Australia's regulatory framework with international standards, particularly those set by the Basel Convention, to protect environmental and human health both domestically and internationally. This legislative framework ensures that hazardous waste movements are conducted in a manner that prevents illegal activities and promotes transparency and accountability in the management of such waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste and controlled waste, with its primary focus on ensuring that such activities are conducted in a manner that protects human health and the environment. The Act applies to persons or entities engaged in the export or import of hazardous waste, including waste transporters, exporters, importers, and waste generators. It covers a broad range of industries and types of hazardous waste, subject to the classifications outlined under the Basel Convention. Geographically, the Act applies across the Commonwealth of Australia, providing a national framework for the regulation of hazardous waste movements. The Act may extend its application through subordinate instruments such as regulations and guidelines that specify detailed requirements and procedures for handling hazardous waste. The Act does not specify explicit exclusions, exemptions, or thresholds within the gazetted notice, but these may be defined in other parts of the legislation or related regulations. The notice provided pertains specifically to a transit permit granted for the movement of spent pot liner waste, with particular conditions attached to the permit.
Key Provisions
The Gazetted Notice of Decision (C2015G01876) pursuant to section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs that on 16 November 2015, transit permit AUH15-067 was granted to New Zealand Aluminium Smelters Limited. The permit allows for the transit of spent pot liner, a type of hazardous waste, with a maximum quantity of 10,000 tonnes in up to 26 shipments. The waste is to be transported by sea from New Zealand, through the port of Brisbane in Australia, and finally to the United Kingdom. The carrier responsible for the transportation is Mediterranean Shipping Company (Aust) Pty Ltd. Notably, no shipment is authorised under this permit before the date mentioned or after twelve months from that date.
The Act imposes several obligations on the parties involved. New Zealand Aluminium Smelters Limited, as the permit holder, must adhere to the specified conditions of the transit permit. These include ensuring that the waste is transported as outlined, without any deviation from the stipulated route or timeline. The carrier, Mediterranean Shipping Company (Aust) Pty Ltd, must also comply with all conditions set forth in the permit, including ensuring the safe and environmentally sound transport of the hazardous waste. Both parties are required to keep records and documentation as may be necessary to demonstrate compliance with the Act and the conditions of the permit.
Failure to comply with the requirements and conditions of the permit can lead to serious consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches of the Act or permit conditions may result in both civil and criminal penalties. Specifically, violations can lead to fines and imprisonment. The maximum penalties for contravening the Act include fines of up to $1.1 million for individuals and up to $5.5 million for corporations, along with potential imprisonment terms that may vary based on the severity of the breach. These stringent measures are in place to ensure the proper management and control of hazardous waste, protecting both the environment and public health.