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 28 February 2014, permit number AUH428122B was granted to Upcycle Limited, 8B Monier Place, Mount Wellington, Auckland, New Zealand (Telephone +64 9 579 2603; Fax +64 9 579 2602).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is used lead acid batteries (Basel code A1160);
(b) the quantity of the waste to be transited is a maximum of 8 000 tonnes in up to thirty (30) shipments;
(c) the waste is to be stacked onto pallets, then strapped and shrink wrapped;
(d) the waste is to be transported by sea from New Zealand, transiting Brisbane en route to Port Busan in the Republic of Korea;
(e) the waste is to be recovered at the Amicus Metal Co., Limited recovery facility by recovery operations ‘R4 – Recycling/reclamation of metals and metal compounds’;
(f) 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 the conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Environment Protection 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,
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, or by E-mail at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the problem of improper management and disposal of hazardous waste, which posed significant risks to human health and the environment. The Act was introduced by the Parliament of Australia to ensure that hazardous waste is managed in a manner that minimises potential harm. The policy objective of the Act is to regulate the export and import of hazardous waste, ensuring that these activities are conducted in a manner that protects human health and the environment. The Act provides a framework for the control of hazardous waste movements, including the issuance of transit permits, such as the one granted to Upcycle Limited on 28 February 2014. This permit, number AUH428122B, allows for the transit of up to 8,000 tonnes of used lead acid batteries from New Zealand to the Republic of Korea, under strict conditions to ensure environmental protection and proper waste management.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export, import, or transit of hazardous waste through Australia. This includes companies, individuals, and other legal entities engaged in activities that involve hazardous waste, with a focus on ensuring that such activities are managed in a way that minimises environmental harm and human health risks. The Act has a national jurisdictional reach across Australia, including its states, territories, and external territories, thereby covering the entire country. The Act does not explicitly detail exclusions or exemptions, but it does provide for the issuance of permits under specific conditions, which may implicitly exclude activities not covered by such permits. The Act can extend its application through subordinate instruments, such as regulations and guidelines, which provide further detail on the types of hazardous waste covered, the specific conditions of permits, and the enforcement mechanisms. These instruments help to clarify and expand upon the provisions of the Act, ensuring a comprehensive regulatory framework for hazardous waste management within Australia.
Key Provisions
The Notice of Decision to Grant a Transit Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) indicates that permit number AUH428122B was issued to Upcycle Limited on 28 February 2014. This permit allows Upcycle Limited to transit used lead acid batteries (Basel code A1160) from New Zealand to Port Busan in the Republic of Korea, with a transit through Brisbane. The permit authorises a maximum quantity of 8,000 tonnes of waste in up to thirty shipments. The waste must be stacked on pallets, strapped, and shrink-wrapped for transport. The recovery of this waste will occur at the Amicus Metal Co., Limited recovery facility in South Korea, specifically through recovery operations 'R4 – Recycling/reclamation of metals and metal compounds'. Importantly, no shipment is permitted under this permit before the date of issue or after twelve months from that date.
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes several obligations on Upcycle Limited and other parties involved in this transit. Firstly, Upcycle Limited must adhere to the specific conditions outlined in the permit, which include the method of packaging and transportation of the waste. Additionally, they must ensure that the waste is transported through the specified route and recovered at the designated facility. Both Upcycle Limited and Amicus Metal Co., Limited must comply with all relevant hazardous waste management regulations and obtain any necessary permits or approvals from the authorities in New Zealand, Australia, and South Korea. Failure to comply with these obligations could lead to the revocation of the permit or other enforcement actions.
Breach of the conditions stipulated in the permit or any other obligations under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in various penalties and consequences. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to a maximum of $66,000 per offence for individuals and $330,000 for corporations. Additionally, criminal penalties can be imposed for more severe breaches, with fines up to $660,000 and imprisonment for up to five years for individuals, and higher fines of up to $3.3 million for corporations. These penalties underscore the importance of strict compliance with the Act and the conditions of the transit permit.