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 permit AUH15-063 was granted to Valen Pty Ltd (ACN 007 267 441), Level 1, 48 High Street, Northcote, Victoria, 3070 (Telephone + 61 3 357 8918).
The particulars of the permit are as follows:
(i) the proposed exporter of the waste is Valen Pty Ltd at Level 1, 48 High Street, Northcote, Victoria, 3070 (Telephone + 61 3 357 8918);
(ii) the type of the waste is plugged steel, dissolved acetylene gas cylinders (porous mass within cylinder may contain asbestos) (Basel Code A2050);
(iii) the maximum quantity of the waste that may be imported is 600 tonnes;
(iv) the waste is to be strapped to pallets and packed in sealed shipping containers during whilst in transit;
(v) the waste is to be transported by road to the port of export, shipped by sea, and then by road from the port of destination to the recovery facility;
(vi) the waste may only be imported during the permit period;
(vii) the waste is to be imported to the port of Sydney, Australia;
(viii) the waste is to undergo recovery operations at the facilities of Valen Pty Ltd;
(ix) the recovery operations are R4 – Recycling/reclamation of metals and metal compounds, R2 – Solvent reclamation/regeneration, and D1 – Deposit into or onto land, (e.g., landfill, etc.).
The permit period is from 1 February 2016 until the permit expiry date of 30 January 2017. 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
1 February 2016
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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 information or 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 need for stringent control over the export and import of hazardous waste, ensuring environmental protection and public health. The Act was introduced by the Australian Parliament, aiming to establish a regulatory framework that aligns with international conventions, such as the Basel Convention, to manage the transboundary movement of hazardous waste. This legislation fills a critical gap by providing a legal basis for the regulation of hazardous waste, ensuring that such waste is handled in a manner that minimises potential harm to human health and the environment. The overarching policy objective of the Act is to safeguard the nation's environment and public health from the adverse effects of improper hazardous waste management.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste, including companies like Valen Pty Ltd, which are granted permits to manage such activities. The Act governs the transportation, handling, and recovery of hazardous waste, ensuring it is done safely and in compliance with environmental standards. The permit issued to Valen Pty Ltd specifies the type of waste, the quantity, and the methods of transportation and recovery operations. The geographic reach of this Act is national, applying across Australia, and it extends to transboundary movements of hazardous waste. The permit granted under this Act is subject to specific conditions, and any breaches could result in legal consequences. The permit is also subject to review by the Administrative Appeals Tribunal, providing an avenue for those affected by the permit decision to seek a review of the decision.
Key Provisions
The notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) informs that permit AUH15-063 was granted to Valen Pty Ltd for the export and subsequent import of hazardous waste. The permit specifies the type of waste, which is plugged steel, dissolved acetylene gas cylinders that may contain asbestos, and sets a maximum quantity of 600 tonnes (section (i)-(ii)). The waste must be securely packed in sealed containers and transported by specified routes, starting with road transport to the port of export, then by sea, and finally by road again from the destination port to the recovery facility (section (iv)-(v)). The permit allows the waste to be imported only during the period from 1 February 2016 to 30 January 2017, and it must be brought into the port of Sydney, Australia (section (vi)-(viii)). The waste will undergo various recovery operations, including recycling of metals, solvent reclamation, and landfill disposal (section (ix)).
The permit includes specific conditions that Valen Pty Ltd must adhere to during the movement and recovery of the hazardous waste. They must ensure that the waste is correctly packed and labelled, and that all transboundary movements are completed before the permit expires. The conditions also likely include requirements for the documentation of waste movement, adherence to environmental protection standards, and proper handling at the recovery facility. These conditions are crucial to ensure that the export and import of hazardous waste do not pose any risk to human health or the environment.
Breaching the conditions of the permit may result in legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, violations can lead to both criminal and civil penalties. Criminal penalties might include fines up to $1.1 million for corporations and $220,000 for individuals, along with potential imprisonment (section 118). Civil penalties may also be imposed, which could include fines up to $660,000 for corporations and $132,000 for individuals (section 121). Additionally, the permit may be revoked, and any ongoing waste movement may be halted, resulting in further legal and financial repercussions.
Individuals or entities adversely affected by the permit decision can seek reasons for the decision from the Department of the Environment within 28 days or apply for an independent review by the Administrative Appeals Tribunal within the same timeframe (section 25, 28, and 29 of the Administrative Appeals Tribunal Act 1975). This provides a legal recourse for those who believe they have been unfairly treated or have concerns about the permit's conditions or grant.