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 10 October 2013, permit number AUH132561Y was granted to the
Umicore Australia Limited (Umicore) (ABN 12 008 638 917), 414 Somerville Road, Tottenham, Victoria 3012 (Telephone + 61 3 9362 6500; Facsimile + 61 3 9362 6555).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is zinc skimmings;
(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 land from the facilities of: Perry Metal Protection Ltd located at Hornby and Rosebank; CSP Galvanising located at Ellerslie; and Platemasters & Galvanizers Ltd located at Penrose, to the port of Auckland in New Zealand;
(ii) by land from the facilities of: Perry Metal Protection Ltd located at Greerton and
Te Rapa to the port of Tauranga in New Zealand;
(iii) by land from the facility of Perry Metal Protection Ltd located at Gracefield to the port of Wellington in New Zealand;
(iv) by sea from Auckland, Tauranga or Wellington in New Zealand, to the port of Melbourne in Australia; and
(v) by land from the port of Melbourne to the Umicore facility located at Tottenham, Victoria 3012;
(d) the waste is to be disposed of at the above facility by recovery operation R4 - Recycling and reclamation of metals and metal compounds; and
(e) no shipment is authorised under this permit before 30 October 2013 and all transboundary movement of the waste is to be completed by 30 October 2014.
The permit includes and is subject to conditions.
Andrew McNee
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 by the Parliament of Australia to address the growing concern over the transboundary movement of hazardous waste, ensuring that such movements are controlled and managed to protect human health and the environment. The legislation was introduced to fill the gap in regulatory oversight of hazardous waste exports and imports, thereby aligning Australia's practices with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. This Act facilitates the effective implementation of the Basel Convention in Australia by establishing a permit system for the export and import of hazardous waste, thus ensuring that such activities are conducted in an environmentally sound manner.
Scope and Application
The Gazetted Notice of Decision to grant a special import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies specifically to Umicore Australia Limited, a company with an Australian Business Number (ABN) of 12 008 638 917, and concerns the import of hazardous waste. The permit allows for the import of up to 500 tonnes of zinc skimmings from various facilities in New Zealand to Umicore's facility in Tottenham, Victoria. The hazardous waste is to be transported by land from the facilities in New Zealand to the ports of Auckland, Tauranga, and Wellington, and then by sea to the port of Melbourne, before being transported by land to the Umicore facility in Tottenham, Victoria. The waste will be disposed of through recovery operation R4, which involves the recycling and reclamation of metals and metal compounds. The permit is subject to specific conditions and includes a timeline, authorising no shipment before 30 October 2013 and requiring all transboundary movement of the waste to be completed by 30 October 2014. The Act applies at a Commonwealth level, with the Department of the Environment overseeing the permit's conditions and compliance.
Key Provisions
The key provision of the notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Section 33) informs the public of the grant of a special import permit for hazardous waste. Specifically, the notice details the permit number AUH132561Y granted to Umicore Australia Limited, which allows for the import of a maximum of 500 tonnes of zinc skimmings from various facilities in New Zealand to their facility in Victoria, with the waste to be disposed of through recycling and reclamation of metals and metal compounds. The permit includes certain conditions and is only effective from 30 October 2013 to 30 October 2014.
The Act imposes several obligations and requirements on Umicore Australia Limited. They must adhere to the specific conditions outlined in the permit regarding the importation of hazardous waste, including the method of transport and the final disposal of the waste. Umicore must ensure that the waste is transported and handled in accordance with the provisions of the Act and any conditions attached to the permit. Compliance with these requirements is essential to avoid any legal repercussions.
In terms of breaches and penalties, the Act does not specify penalties in the notice itself. However, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, violations of the Act or permit conditions can result in significant penalties. Offences can attract both civil and criminal penalties, with potential fines and imprisonment. For example, knowingly or recklessly contravening the Act could result in fines of up to $5.5 million for corporations and lesser penalties for individuals. Additionally, failure to comply with the permit conditions could lead to the cancellation of the permit, further legal action, or both.
In summary, the notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs of the grant of a special import permit to Umicore Australia Limited for the importation of hazardous waste under specific conditions. The permit obligates Umicore to comply with the terms of the Act and the conditions of the permit. Any breach of these obligations could result in severe penalties, including fines and imprisonment, underscoring the importance of strict adherence to the Act's requirements.