NOTICE OF DECISION TO GRANT 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 13 February 2013, permit number AUH134391 was granted to Toll Remote Logistics (Toll) (ACN 004 210 093), Level 9, 145 Eagle Street, Brisbane, Queensland 4010 (Telephone + 61 7 3715 1528; Facsimile + 61 7 3715 1546).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is fully discharged lithium sulphur dioxide and lithium manganese dioxide type batteries;
(b) the quantity of the waste to be imported is a maximum of 5000 kilograms;
(c) after being fully discharged, the batteries will be palletised, shrink wrapped and strapped for transport inside a 20 foot shipping container;
(d) the method of transport by which the waste is to be imported in one shipment is:
(i) by sea from the port of Dili in Timor-Leste (East Timor), to the port of Darwin in Australia;
(ii) by road from the port of Darwin to the Swanbank Landfill facility located at Swanbank Road, Swanbank, Queensland 4306;
(e) no shipment is authorised under this permit before the date below or after 31 January 2014; and
(f) after the import, the waste is to be disposed of at the above facility by disposal operation D5, namely in a ‘specially engineered landfill (eg placement onto lined discrete cells which are capped and isolated from one another and the environment, etc)’.
The permit includes and is subject to conditions.
Andrew McNee
Assistant Secretary
Environment Protection Branch
Department of Sustainability, Environment, Water, Population and Communities
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 Sustainability, Environment, Water, Population and Communities 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 Sustainability, Environment, Water, Population and Communities
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 improper handling and disposal of hazardous waste, particularly the transboundary movement of such waste, which can pose significant risks to human health and the environment. The Act provides a regulatory framework to control the importation and exportation of hazardous waste, ensuring that such activities are conducted in a manner that protects public health and the environment. This legislation was introduced by the Australian Parliament, aiming to align Australia's waste management practices with international standards and obligations under conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The overarching policy objective of the Act is to prevent the uncontrolled movement of hazardous waste and to promote environmentally sound management practices in the handling and disposal of such waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import and export of hazardous waste, regulating the movement of such materials to protect human health and the environment. This Act applies to any person or entity involved in the export or import of hazardous waste, including the transportation, handling, and disposal of these materials. The permit granted to Toll Remote Logistics under this Act specifically allows for the importation of a specified quantity of fully discharged lithium sulphur dioxide and lithium manganese dioxide type batteries, with strict conditions governing the method of transport and final disposal. The Act's jurisdictional reach is national, encompassing all states and territories within Australia. Certain hazardous wastes may be exempt or subject to different regulations under other federal or state legislation, and the application for import permits can be subject to further conditions and oversight by the relevant authorities. The application process and permit conditions can also be extended or altered through subordinate instruments issued under the Act.
Key Provisions
The key provision of this notice pertains to the granting of a special import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as outlined in section 33 (a) of the Act. The permit, numbered AUH134391, has been issued to Toll Remote Logistics (ACN 004 210 093) for the importation of fully discharged lithium sulphur dioxide and lithium manganese dioxide type batteries, with a maximum weight of 5000 kilograms. This hazardous waste will be imported via sea from the port of Dili in Timor-Leste to the port of Darwin in Australia, and subsequently transported by road to the Swanbank Landfill facility in Queensland. The import must occur no earlier than the date of the notice and must be completed by 31 January 2014. Once in Australia, the waste will be disposed of using disposal operation D5, which involves placement in a specially engineered landfill.
Entities subject to this permit, such as Toll Remote Logistics, are required to adhere to several obligations under the Act. These include ensuring that the waste is transported and stored in compliance with the specified conditions, which involve palletising, shrink wrapping, and strapping the batteries inside a 20-foot shipping container. Additionally, the importer must ensure that the waste is disposed of in accordance with the specified disposal operation D5, which involves placing the waste in a specially engineered landfill with discrete cells that are capped and isolated from one another and the environment.
Failure to comply with the conditions and requirements set out in the permit may result in legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches of the Act or the permit conditions may lead to civil or criminal penalties. The specific penalties depend on the nature and severity of the breach, but may include fines and imprisonment. The maximum penalties for offences under the Act are not explicitly stated in the notice, but may be found in the relevant sections of the Act. It is essential for the parties involved to fully comply with the permit conditions to avoid any legal repercussions.