NOTICE OF DECISION TO GRANT A SPECIAL IMPORT 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 22 November 2013, permit number AUH132423X was granted to the
Sims Group Australia Holdings Ltd (Sims) (ABN 37 008 634 526), 148 Dunn Road, Rocklea, Queensland 4106 (Telephone + 61 7 3277 3000; Facsimile + 61 7 3277 8886).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is used lead acid batteries;
(b) the quantity of the waste to be imported is a maximum of 500 tonnes;
(c) the method of transport by which the waste is to be imported is:
(i) by sea from Noumea in New Caledonia, to the ports of Brisbane or Sydney in Australia; and
(ii) by land from Brisbane or Sydney to the facility operated by Hydromet Operations (Southern) Limited (Hydromet) located at Unanderra, NSW 2526;
(d) the waste is to be disposed of at the Hydromet facility by recovery operations
R4 - Recycling and reclamation of metals and metal compounds; and
(e) no shipment is authorised under this permit before the date below and all transboundary movement of the waste is to be completed by 10 November 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 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 by the Parliament of Australia to address the problem of the improper export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. This Act aims to regulate the transboundary movement of hazardous waste, requiring that any such movement is managed in a way that minimises risks to health and the environment, particularly through the use of permits and adherence to stringent conditions. The policy objective of the Act is to ensure that hazardous waste is managed responsibly and sustainably, in line with international obligations and national environmental standards.
On 22 November 2013, a special import permit was granted under this Act to Sims Group Australia Holdings Ltd for the importation of used lead acid batteries, subject to specific conditions including the method of transport and the facility where the waste will be disposed of. This permit ensures that the importation and disposal processes are conducted in accordance with the stringent requirements set out in the Act, thereby protecting public health and the environment from potential hazards associated with hazardous waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the import and export of hazardous waste within Australia, encompassing specific transactions and waste types as detailed in the legislation. The Act ensures that such imports and exports are conducted in a manner that protects human health and the environment, and this is enforced through the issuance of special import permits under Section 33 of the Act. The geographic reach of the Act is national, applying to all states and territories within Australia, while also extending to international movements of hazardous waste to and from Australia. In this particular case, the Act applies to Sims Group Australia Holdings Ltd, which has been granted a special import permit for the importation of used lead acid batteries from Noumea, New Caledonia, with specific conditions governing the method of transport and the disposal process. The permit stipulates that the waste is to be transported by sea and then by land to a facility in Unanderra, NSW, for recycling and reclamation operations. The permit is subject to certain conditions, and the importation must be completed by 10 November 2014. Any person whose interests are affected by the decision to grant the permit may apply for reasons for the decision or seek an independent review, subject to the Administrative Appeals Tribunal Act 1975.
Key Provisions
The primary sections relevant to the permit are those found in the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically Section 33, which facilitates the granting of special import permits. This section outlines the circumstances under which the Minister may issue a permit to import hazardous waste into Australia. The permit issued to Sims Group Australia Holdings Ltd (AUH132423X) allows for the importation of used lead acid batteries, with specific limitations on quantity and method of transport, and mandates the waste disposal method at the Hydromet facility. The permit is also bound by conditions that must be adhered to, which may include additional requirements or restrictions imposed by the Minister.
The obligations imposed by the Act on Sims and Hydromet are multi-faceted. Sims must ensure that the hazardous waste is imported strictly in accordance with the terms of the permit, including the specified transport routes and disposal method. Hydromet, on the other hand, is required to facilitate the disposal of the hazardous waste through the approved recovery operations at their facility. Both parties must comply with any additional conditions attached to the permit and must take all necessary measures to prevent any unlawful disposal or environmental harm arising from the waste. Compliance with the permit conditions is mandatory, and failure to do so could result in the permit being revoked or not renewed in future applications.
The Act stipulates potential offences and penalties for breaches of the permit conditions or the Act itself. While the specific penalties are not detailed in the notice, breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in substantial civil and criminal penalties. For corporations such as Sims and Hydromet, the penalties can include fines that may reach into the millions of dollars, depending on the severity and nature of the breach. Additionally, individuals involved in the management of the waste could face personal penalties, including fines and imprisonment. It is critical for both Sims and Hydromet to adhere to the permit conditions to avoid these severe consequences.