NOTICE OF DECISION TO GRANT AN EXPORT 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 number AUH15-065 was granted to Viva Energy Australia Pty Ltd (ACN 004 610 459), Level 16, 720 Bourke Street, Docklands, Vic, 2008 (Telephone: +61 3 5273 8855).
The particulars of the permit are as follows:
a) the hazardous waste to be exported is spent catalysts consisting of Platinum on an alumina substrate, contaminated with hydrocarbons (Basel Code A2030);
b) the quantity of the waste to be exported is a maximum of 130 tonnes;
c) the spent catalyst will be packaged in accordance with the relevant International Maritime Dangerous Goods guidelines. The waste will be packed in Dangerous Goods grade sealed drums, which are lined with polyethylene;
d) the waste would be transported by sea from Port Botany, Sydney, transiting via New Zealand and French Polynesia, en route to the Port of Oakland in California, United States of America (USA), from where it will travel by land to the recovery facility of Sabin Metal West Corp, at 15, 12th Ave East, Williston ND 58801;
e) the waste is to be disposed of by recovery operations R4 – Recycling/reclamation of metals and metal compounds, and R 8 – Recovery of components from catalysts;
f) no shipment is authorised under this permit before the date below or after 1 December 2016.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste 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, or by email at hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the problem of the improper export and import of hazardous waste, ensuring that such activities are conducted in an environmentally sound manner. The Act aims to control the transboundary movement of hazardous waste, ensuring that it is managed in a way that protects human health and the environment. This legislative framework was introduced to align Australia with international conventions such as the Basel Convention, thereby enhancing the country's capability to prevent illegal traffic in hazardous waste and to regulate its export and import effectively. The policy objective of the Act is to protect Australia's environment and public health from the risks associated with the transboundary movement of hazardous waste by imposing strict controls and requiring permits for such activities.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities involved in the export or import of hazardous waste within Australia, including businesses and individuals, and extends to transactions involving the movement of hazardous waste across international borders. The Act governs the management and oversight of hazardous waste exports and imports to ensure compliance with environmental protection standards and international agreements, such as the Basel Convention. The permit granted under this Act, as evidenced by the notice for permit number AUH15-065 issued to Viva Energy Australia Pty Ltd, is subject to stringent conditions concerning the type, quantity, packaging, transportation, and disposal of the hazardous waste in question. The permit explicitly specifies the hazardous waste to be exported, the maximum allowable quantity, the packaging requirements, the transportation route, the disposal method, and the timeframe for the shipment. The permit is also subject to specific exclusions and thresholds that must be adhered to, as outlined in the conditions of the permit. The jurisdictional reach of this Act is national, encompassing the entire Commonwealth of Australia, and it may be further extended or restricted through subordinate instruments or regulations as deemed necessary by the relevant authorities.
Key Provisions
The key operative sections of the notice pertain to the grant of an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of the Act mandates that a notice must be issued when a permit is granted. This notice specifies permit number AUH15-065 granted to Viva Energy Australia Pty Ltd. The particulars of the permit, as detailed in the notice, include the type of hazardous waste (spent catalysts contaminated with hydrocarbons, Basel Code A2030), the maximum quantity of 130 tonnes, and the packaging and transportation details, including the route and destination of the waste. Additionally, the permit outlines the recovery operations intended for the waste, which are recycling/reclamation of metals and metal compounds, and recovery of components from catalysts. The permit is time-bound, authorising no shipment before the specified date and not after 1 December 2016.
The Act imposes several obligations and requirements on the entities it governs. Viva Energy Australia Pty Ltd, as the permit holder, must ensure that the hazardous waste is exported in strict compliance with the conditions outlined in the permit. This includes adhering to the packaging and transportation specifications to ensure the safe handling and export of hazardous waste. The company must also ensure that the waste is transported only to the specified recovery facility and that no shipment occurs outside the authorised timeframe. The Department of the Environment retains the authority to monitor and enforce compliance with these conditions.
In the event of non-compliance with the Act, various civil and criminal consequences may apply. Breach of the conditions set forth in the export permit can result in legal action against the permit holder. Under the Act, penalties for non-compliance may include substantial fines, with the exact amount determined by the severity and nature of the breach. Additionally, persistent or severe breaches could lead to criminal charges, potentially resulting in imprisonment. The maximum penalties are not explicitly stated in the notice, but they are defined within the Act and can be severe, reflecting the importance of proper hazardous waste management and exportation.