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 on 20 March 2014, permit number AUH131437N was granted to Orica Australia Pty Ltd (ABN 99 004 117 828), 1 Nicholson St, East Melbourne, VIC 3002 (Telephone: +61 3 9665 7543, Facsimile: +61 3 9665 7909).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste spent catalyst (Basel Code A2030) containing zinc oxide, copper carbonate and various other compounds;
(b) the quantity of the waste to be exported is a maximum of 37.2 tonnes in one (1) shipment;
(c) the waste is to be contained in metal drums approved for use with class 4.2 dangerous goods;
(d) the waste is to be exported by sea from Sydney, transiting ports in Singapore, Malaysia, Egypt, Germany and The Netherlands en route to Antwerp, Belgium, from where it will travel by road to the ACI Industries Ltd recovery facility of Metallo Chimique International NV, Nieuwe Dreef 33, 2340 Beerse;
(e) the waste is to be disposed of at the facility by recovery operation R4 – recycling/reclamation of metals and metal compounds; and
(f) no shipment is authorised before the date above or after 30 September 2014.
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 enquiries should be directed to:
Director , Hazardous Waste Section
Department of the Environment
GPO Box 787 CANBERRA ACT 2601
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the issue of regulating the export and import of hazardous waste, aiming to protect the environment and public health from potential harm. The Act provides a framework for the control of hazardous waste movements across borders, ensuring that any exports or imports are conducted in a manner that minimises risks. The policy objective of the Act is to implement Australia's obligations under international agreements, such as the Basel Convention, and to safeguard against the improper disposal or handling of hazardous substances that could have transboundary effects. The Act facilitates the grant of export permits for hazardous waste, subject to stringent conditions, as seen in the example of the permit granted to Orica Australia Pty Ltd for the export of waste spent catalyst, which must adhere to specific waste management and transportation protocols.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste within Australia, providing a framework for ensuring that such activities are conducted in an environmentally sound manner and do not negatively impact human health or the environment. This legislation applies to any person or entity exporting or importing hazardous waste, encompassing a broad range of industries and transactions involving such waste. The Act's jurisdiction extends across the Commonwealth, ensuring uniform regulation across all states and territories. The permit granted to Orica Australia Pty Ltd under this Act specifically regulates the export of waste spent catalyst to a facility in Belgium for metal recovery operations. Notably, this permit is subject to certain conditions and limitations, including the specified maximum quantity of waste, the approved container type, and the designated shipment period. The Act allows for the extension or restriction of its application through subordinate instruments, enabling flexibility in managing hazardous waste movements. Exclusions, exemptions, or thresholds are not detailed in this particular notice but are generally outlined in the Act and related regulations, providing a comprehensive regulatory environment for hazardous waste management in Australia.
Key Provisions
The primary sections relevant to this legislation include section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which mandates that notice must be given when an export permit is granted. This particular notice pertains to permit number AUH131437N, issued to Orica Australia Pty Ltd on 20 March 2014. This permit authorises the export of up to 37.2 tonnes of waste spent catalyst, which falls under Basel Code A2030 and includes zinc oxide, copper carbonate, and various other compounds. The waste will be transported via sea from Sydney, with transit through several ports, and ultimately disposed of in Antwerp, Belgium, at the ACI Industries Ltd recovery facility of Metallo Chimique International NV, through a recycling/reclamation process designated as R4.
The Act imposes several obligations on Orica Australia Pty Ltd and other involved parties. Firstly, the waste must be contained in metal drums approved for class 4.2 dangerous goods. Additionally, the export must adhere to the specified timeline, with no shipment permitted before 20 March 2014 or after 30 September 2014. The permit is also subject to certain conditions that may be outlined by the Department of the Environment, ensuring compliance with both Australian and international hazardous waste management regulations.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in legal consequences. Breaches of the Act can lead to civil penalties, including fines up to the statutory maximum, which may vary depending on the severity of the violation. Criminal penalties may also be applicable, with potential imprisonment for individuals found guilty of serious offences. The exact penalties depend on the nature and extent of the breach, but they are intended to enforce strict adherence to hazardous waste management protocols to protect public health and the environment.