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 Basel export permit AUH16-022 was granted to Viva Energy Refining Pty Ltd (ACN 004 303 842), Geelong Refinery, Refinery Road, Corio, VIC 3214 (Telephone: +61 3 5273 8471).
The particulars of the permits are as follows:
(a) the type of waste to be exported is spent hydrotreating catalyst (Basel Code A2030);
(b) the maximum quantity of the waste that may be exported is 600 tonnes, on the condition that evidence of a contract to cover any shipment exceeding the current contractual coverage of 490.32 tonnes is provided to the Department before these shipments take place;
(c) the waste is to be exported by sea and then by road to the recovery facility
(d) the waste may only be exported during the permit period;
(e) the waste is to be exported to Port Singapore, Singapore;
(f) the waste will be dealt with by recovery operations R4 – Recycling / reclamation and R8 – Recovery of components from catalysts;
(g) the waste is to undergo the recovery operations at Catalyst Recovery Singapore Pte Ltd facility by the process of temperature controlled moving belt technology using a furnace to either regenerate the catalyst or to render it non-hazardous for metals recovery;
(h) no more than two shipments may be made in the period ending 18 September 2016, with up to two additional shipments permitted in the period 19 September 2016 to the permit’s expiry.
The permit includes and is subject to conditions.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment and Energy
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 and Energy requesting the reasons for the decision.
An application for independent merits 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 Principal Registry or the Deputy Registrar, Administrative Appeals Tribunal in your capital city or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for review, visit www.aat.gov.au.
Further information or enquiries relating to the decision should be directed to:
Director, Hazardous Waste Section
Department of the Environment and Energy
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 to regulate the export and import of hazardous wastes in Australia, aiming to protect human health and the environment from the adverse effects of such wastes. The Act establishes a framework for the control of hazardous waste exports and imports, including the requirement for permits and the setting of conditions to ensure environmentally sound management. The legislation was enacted by the Parliament of Australia and is administered by the Department of the Environment and Energy. The policy objective of the Act is to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment, both within Australia and internationally. This is achieved by requiring exporters and importers to obtain permits and adhere to conditions that ensure the waste is handled, transported, and disposed of in an environmentally sound manner.
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. The Act specifically governs the export and import of hazardous waste, including the granting of permits for such activities, ensuring that hazardous waste is managed in an environmentally sound manner. The Act's jurisdictional reach is national, as it is a Commonwealth Act. The grant of Basel export permit AUH16-022 to Viva Energy Refining Pty Ltd under this Act pertains to the export of up to 600 tonnes of spent hydrotreating catalyst from Geelong Refinery to Port Singapore for recovery operations. The permit is subject to specific conditions, including limitations on the number and timing of shipments. The permit is granted under the authority of the Delegate of the Minister and is subject to the review provisions of the Administrative Appeals Tribunal Act 1975. Any person whose interests are affected by the permit decision may seek reasons for the decision and apply for an independent merits review within specified timeframes.
Key Provisions
Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the legislation mandates that permits for the export of hazardous waste be granted under specific conditions and circumstances. Section 33 of the Act (subsection (1)) provides the mechanism through which such permits are issued. In this case, Basel export permit AUH16-022 was granted to Viva Energy Refining Pty Ltd (section 33(1)(a)). The permit outlines several key provisions: the type of waste to be exported, the maximum quantity allowable, the method of transport, the destination, and the recovery processes to be undertaken (section 33(1)(b)-(h)). This permit also includes specific conditions, such as the requirement for evidence of contracts for shipments exceeding the initial contractual coverage and limits on the number of shipments allowed within particular time frames.
The obligations imposed by the Act on entities like Viva Energy Refining Pty Ltd include strict adherence to the conditions stipulated in the permit. This involves ensuring that the waste is only exported during the specified permit period, that it is transported via the methods and routes outlined, and that it is processed in accordance with the recovery operations described. Viva Energy Refining Pty Ltd must also ensure that any additional shipments comply with the permit's conditions, including providing evidence of contracts for quantities exceeding the initial agreement. Furthermore, the entity must ensure that the waste is exported solely to the designated recovery facility in Port Singapore and processed using the specified technology.
Failure to comply with the conditions of the permit or the requirements of the Act can result in significant legal consequences. Section 52 of the Act outlines the offences and penalties for breaches, which can include both civil and criminal penalties. For example, exporting hazardous waste in contravention of the permit conditions could result in fines up to a specified maximum amount, as well as potential imprisonment. Additionally, any failure to meet the reporting requirements or provide necessary evidence to the Department of the Environment and Energy could lead to further penalties under the Act. It is essential for entities like Viva Energy Refining Pty Ltd to thoroughly understand and comply with these obligations to avoid legal repercussions.