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 16 November 2012, permit AUH252101U was granted to
Hydrodec Australia Pty Ltd (Hydrodec) (ABN 48 086 137 886), 90 Old Temora Road, Young,
NSW 2594
The particulars of the permit are as follows:
(a) the hazardous waste to be imported is waste transformer oil containing polychlorinated biphenyl;
(b) the quantity of the waste to be imported is a maximum of 2700 metric tonnes;
(c) the waste will be packaged in International Standards Organization (ISO) tanks;
(d) the method of transport by which the waste is to be imported from
System of Energy, SA de CV, Avienda Tercera 1675, Colonia Eduardo Guerra, Torreon Coahuilla 27280, in Mexico is:
(i) by ship from the ports of Manzanillo, Lazaro Cardenas and Veracruz in
Mexico to Balboa in Panama;
(ii) by ship from Balboa in Panama to Auckland in New Zealand;
(iii) by ship from Auckland in New Zealand to Sydney in Australia; and
(iv) by road from Sydney to the Hydrodec facility at Young, NSW 2594.
(e) no shipment is authorised under this permit before the date above or after
18 November 2013; and
(f) after the import, the waste is to be recovered at the Hydrodec facility at
90 Old Temora Road, Young, NSW 2594, through recovery operation
R9 re-refining or other uses of previously used oil.
Andrew McNee
Delegate to the Minister
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 by the Parliament of Australia to address the problem of the improper management and transboundary movement of hazardous waste, ensuring that such waste is handled in an environmentally sound manner. This Act provides a regulatory framework for the export and import of hazardous waste, aiming to protect human health and the environment from the potential risks associated with such waste. The policy objective is to control the movement of hazardous waste in a manner that minimises the potential for harm to human health and the environment, both within Australia and internationally. This includes ensuring that any import of hazardous waste is conducted in accordance with stringent regulatory standards and that waste is managed in a way that prevents pollution and promotes sustainable practices.
Scope and Application
The notice of the decision to grant a special import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Hydrodec Australia Pty Ltd, a company registered with an Australian Business Number (ABN) and operating from a specified address in Young, NSW. The permit, AUH252101U, pertains to the importation of hazardous waste, specifically waste transformer oil containing polychlorinated biphenyl, up to a maximum quantity of 2700 metric tonnes. The legislation regulates the export and import of hazardous waste to ensure proper management and recovery of such materials. The permit details the waste's packaging in International Standards Organization (ISO) tanks, the method of transport by sea and road, and the authorised timeline for the shipment. The permit stipulates that no shipment is authorised before 16 November 2012 or after 18 November 2013, and mandates that the waste must be recovered at the Hydrodec facility in Young, NSW. The Act extends its reach to the Commonwealth level, governing the import of hazardous waste across Australia. The notice also provides information regarding the avenues for appeal and review for parties whose interests are affected by this decision.
Key Provisions
The primary sections of the Gazetted notice (C2012G00325) inform that a special import permit (AUH252101U) was granted to Hydrodec Australia Pty Ltd on 16 November 2012, under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). The permit allows the import of a specific type of hazardous waste, namely waste transformer oil containing polychlorinated biphenyl, in a maximum quantity of 2700 metric tonnes. This waste is to be transported from Mexico via a series of maritime and road journeys culminating in its arrival at the Hydrodec facility in Young, NSW. The permit specifies that the waste must be packaged in International Standards Organization (ISO) tanks, and outlines the transport method and route, which includes maritime travel from Mexican ports to Balboa in Panama, then to Auckland in New Zealand, and finally to Sydney in Australia, before being transported by road to the Hydrodec facility. The permit is valid only for the specified shipment on or after 16 November 2012 and before 18 November 2013. After importation, the waste is to undergo recovery operations at the Hydrodec facility, specifically through re-refining or other uses of the oil.
The obligations imposed on Hydrodec Australia Pty Ltd under this permit include adherence to the detailed specifications provided, including the packaging, transport method, and route of the hazardous waste. They must ensure that the waste is not imported before or after the specified dates, and that it is recovered at the designated facility. Hydrodec must also comply with any additional conditions or requirements that may be stipulated by the relevant authorities. Failure to comply with these obligations could lead to the revocation of the permit and potential legal consequences.
Should Hydrodec Australia Pty Ltd breach any of the conditions set forth in the permit, they may face significant legal ramifications. The Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides for both civil and criminal penalties for non-compliance. Civil penalties can include substantial fines, which may vary depending on the nature and extent of the breach. Additionally, criminal penalties may apply, including imprisonment, particularly if the breach is deemed to have caused significant harm to the environment or public health. The exact penalties are not detailed in the notice but can be sought from the relevant authorities or through legal counsel.