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 17 October 2013, permit number AUH123666K was granted to
Sims E-Recycling Pty Ltd (ABN 74 114 176 493), 82 Marple Avenue, Villawood, NSW 2163. (Telephone +61 7 3634 2001; Facsimile: +61 7 3634 2020).The particulars of the permit are as follows:
(a) the hazardous waste to be exported is cathode ray tube (CRT) waste glass;
(b) the quantity of the waste to be exported is a maximum of 10 000 tonnes;
(c) at all times involving transfer and transportation, the waste must be packed and transported according to the applicable regulations and/or requirements based on the United Nations Committee of Experts on the Transport of Dangerous Goods ‘Recommendations on the Transport of Dangerous Goods’;
(d) the method of transport by which the waste is to be exported in multiple shipments is:
(i) by land from the Sims facility to Port Botany, Sydney;
(ii) by sea from Port Botany, transiting ports in New Zealand; Panama; Jamaica; and the United States of America, en route to the port of Tilbury in the United Kingdom;
(iii) by land from Tilbury to the facility of Sims Group UK Ltd (Sims UK) located at Ellesmere Port Recycling Centre, Unit 7, Hoyer Industrial Estate, South Road, Ellesmere Port, Cheshire in the United Kingdom;
(e) after the export, the CRT waste glass is to be disposed of at the facility of Sims UK for recovery operations R5 – Recycling/reclamation of other inorganic materials; and
(f) the transboundary movement of the CRT waste glass must be completed by
30 November 2013, the expiry date of the permit.
The permit includes and is subject to 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 information or enquiries should be directed to:
Director, NPI & 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 the transboundary movement of hazardous waste and to provide for its regulation. This Act was introduced by the Parliament of Australia to ensure that the export and import of hazardous waste are managed in a way that protects human health and the environment. The primary policy objective of the Act is to control and regulate the export and import of hazardous waste in order to prevent harm to human health and the environment both domestically and internationally. The Act allows the Minister to grant special export permits for the export of hazardous waste under certain conditions, as demonstrated in the case of Sims E-Recycling Pty Ltd's permit to export cathode ray tube waste glass to the United Kingdom.
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 Sims E-Recycling Pty Ltd, which received a special export permit for the export of cathode ray tube (CRT) waste glass. The permit, granted under section 33 of the Act, outlines the specific conditions and requirements that must be adhered to during the export process, such as the quantity of waste, the method of transportation, and the final destination for the waste. The Act operates on a Commonwealth level, with its reach extending to entities and individuals engaged in the export and import of hazardous waste across Australia and internationally. The permit conditions are designed to ensure compliance with international transport regulations and the proper disposal of the hazardous waste in the receiving country. The Act allows for exclusions and exemptions, but these are not specified in the given notice, implying that the permit conditions set forth are to be strictly followed. The permit may also be subject to further conditions or modifications through subordinate instruments, although no such details are provided in the notice.
Key Provisions
The key operative section of this Gazette is section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which requires that notice be given when a special export permit is granted (s 33). In this case, permit number AUH123666K was granted to Sims E-Recycling Pty Ltd (ABN 74 114 176 493) on 17 October 2013, with specific conditions governing the export of up to 10,000 tonnes of cathode ray tube (CRT) waste glass to the United Kingdom. The permit details the manner in which the waste must be packed and transported, the routes it must take, and the final destination where it will be disposed of for recycling operations.
The Act imposes several obligations on Sims E-Recycling Pty Ltd and Sims Group UK Ltd. Firstly, they must ensure that the CRT waste glass is packed and transported according to the United Nations Committee of Experts on the Transport of Dangerous Goods’ recommendations (s 33(a)(iii)). This includes adhering to specific regulations and requirements for dangerous goods transport. Secondly, they must complete the transboundary movement of the waste by 30 November 2013, the expiry date of the permit (s 33(f)). Additionally, the waste must be exported via land transport from Sims' facility to Port Botany, Sydney, then by sea through transiting ports in New Zealand, Panama, Jamaica, and the United States of America, and finally by land to the Sims UK facility in Ellesmere Port, United Kingdom.
Failure to comply with the conditions of the permit or the Act may result in various consequences. Under the Act, any breaches may be subject to administrative penalties, and in severe cases, criminal prosecution. The maximum penalties for offences under the Act can include fines and imprisonment. For example, under section 59 of the Act, a person who contravenes the Act may be fined up to $1.1 million for a corporation and $220,000 for an individual, depending on the severity of the offence. Additionally, imprisonment terms can be imposed, with up to five years for individuals and seven years for corporations. Civil penalties may also apply, including the possibility of being required to take corrective actions or pay compensation for any environmental damage caused by non-compliance.