NOTICE OF DECISION TO GRANT A SPECIAL 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 on 19 December 2013 permit number AUH 136017H was granted to Tomago Aluminium Company Pty Ltd (ABN 68 001 862 228), Tomago Road, Tomago, NSW, 2322, (Telephone: +61 2 4966 9322; Facsimile: +61 2 4966 9100).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is spent pot liner (Basel code: A4050);
(b) the quantity of the waste to be exported is a maximum of 8,000 tonnes in one shipment;
(c) the waste is to be exported by sea from the Port of Newcastle in New South Wales to the Port of Gijon in Spain, and by land from Port Gijon to the recycling facility;
(d) the waste is to be disposed of at Befesa Escorias Salinas, S.A., Ctra De Cabezon s/n 47011 in Valladolid by recovery operation R5 – Recycling / reclamation of other inorganic materials;
(e) no shipment is authorised under this permit before 1 March 2014 and all transboundary movement of the waste must be completed by 28 February 2015.
The permit includes and is subject to conditions.
Chris Videroni
Delegate to the Minister
Acting 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 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 issue of the export and import of hazardous waste, ensuring that such activities are conducted in a manner that safeguards both the environment and public health. This legislation is designed to regulate the transboundary movement of hazardous waste, thereby preventing improper disposal and illegal trafficking of waste materials that could pose significant environmental and health risks. The Act was passed by the Parliament of Australia, with the aim of aligning Australia's practices with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, thereby promoting environmentally sound management of hazardous wastes globally. The Act provides a framework for the granting of permits for the export and import of hazardous waste, subject to stringent conditions and oversight to mitigate potential risks associated with such activities.
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, and the permit system established by the Act governs such activities. Specifically, this Act applies to Tomago Aluminium Company Pty Ltd, which has been granted a special export permit to export a specific quantity of hazardous waste to a designated location in Spain. The geographic reach of the Act is national, as it pertains to the regulation of hazardous waste movement across international borders, and it is enforced by the Commonwealth government through the Department of the Environment. The permit conditions and the specific exclusions or exemptions are detailed in the permit itself and are subject to the overarching regulations and guidelines of the Act. The Act may also extend its application through subordinate instruments, which provide further detail on the classification, management, and transboundary movement of hazardous waste.
Key Provisions
The main operative sections of the notice pertain to the grant of a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Section 33 of this Act allows for the Minister to issue a permit for the export of hazardous waste, and in this instance, permit number AUH 136017H has been granted to Tomago Aluminium Company Pty Ltd. This permit allows for the export of a maximum of 8,000 tonnes of spent pot liner, a type of hazardous waste, from the Port of Newcastle in New South Wales to the Port of Gijon in Spain, and subsequently to the recycling facility at Befesa Escorias Salinas, S.A. in Valladolid, Spain. The export must occur by sea and the land transport from Port Gijon to the recycling facility is also covered by this permit. The waste is to be disposed of through recovery operation R5, which involves the recycling or reclamation of other inorganic materials. The shipment is permitted to commence no earlier than 1 March 2014, and all transboundary movement of the waste must be completed by 28 February 2015.
The obligations imposed by the Act on the parties involved, particularly Tomago Aluminium Company Pty Ltd, are stringent. They must ensure that the hazardous waste is exported in accordance with the conditions outlined in the permit. This includes adhering to the specified quantity of 8,000 tonnes, the designated ports of export and import, and the timeline for shipment. Additionally, Tomago Aluminium Company Pty Ltd must ensure that the hazardous waste is disposed of at the specified facility using the approved recovery operation. Failure to comply with any of these conditions may result in the permit being revoked or other regulatory actions being taken against the company.
The Act also outlines the potential consequences for breach of its provisions. While specific offences and penalties are not detailed in the notice, breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can lead to significant legal ramifications. Generally, offences under this Act may include unauthorised export or import of hazardous waste, failure to comply with permit conditions, and improper disposal of hazardous waste. Penalties for such breaches can include substantial fines, imprisonment, or both, depending on the severity and nature of the offence. The exact penalties are determined by the courts and can vary widely based on the circumstances of the breach.