NOTICE OF DECISION TO GRANT A SPECIAL 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 7 April 2015, permit number AUH141637P was granted to Orica Australia Pty Ltd (ACN 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:
- the hazardous waste to be exported is waste catalyst (Basel Code: A2030) containing aluminium oxide, molybdenum trioxide and cobalt oxide;
- the quantity of the waste to be exported is a maximum of 20 cubic metres in one shipment;
- the waste will be packaged in metal drums;
- the waste is to be exported by sea from the Port of Fremantle, transiting ports in Malaysia, Egypt, the United Kingdom and Belgium (Antwerp) before travelling by road to the Metrex BV recovery facility Sourethweg 13, 6422 P Heerlen, Parkstad 6195, The Netherlands;
- the waste is to undergo the recovery operation R8 - recovery of components from catalysts and
- no shipment is authorised before the date above or after 29 July 2015.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy 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 Commonwealth Parliament to address the need for stringent control over the export and import of hazardous waste, ensuring it is managed in a manner that minimises risks to human health and the environment. The Act was introduced to fill a legislative gap in managing the transboundary movement of hazardous materials, aligning Australia's regulatory framework with international conventions such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The policy objective of the Act is to regulate the export and import of hazardous waste to prevent illegal traffic and to ensure that such waste is managed in an environmentally sound manner. The Act provides the framework for the issuance of special export permits, as exemplified by the permit granted to Orica Australia Pty Ltd for the export of waste catalyst under strict conditions, reflecting the Act's aim to protect environmental and public health while facilitating legitimate trade in hazardous materials.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export or import of hazardous waste within Australia. Specifically, it targets those who seek to export hazardous waste by requiring them to obtain a special export permit from the Minister for the Environment. This legislation applies across the Commonwealth of Australia, ensuring a unified approach to the regulation of hazardous waste exports and imports. The Act does not specify any exclusions or exemptions, meaning that all hazardous waste exports require a permit unless otherwise explicitly stated by law. The application of the Act is further extended through subordinate instruments which may detail specific procedures, criteria for permits, and penalties for non-compliance. The permit granted to Orica Australia Pty Ltd for the export of waste catalyst illustrates the Act's practical implementation, highlighting the types of hazardous waste, quantities, packaging, and export routes subject to stringent regulatory oversight.
Key Provisions
The main operative sections of the Notice of Decision to Grant a Special Export Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 include sections 33 and 34. Section 33 mandates the granting of the permit, while Section 34 details the specific conditions under which the permit is issued. Section 33(1) allows the Minister or a delegate to grant a permit for the export of hazardous waste if satisfied that the export will not harm human health or the environment and will be managed according to the Basel Convention. Section 34(1) specifies the particulars of the permit, such as the type and quantity of hazardous waste, the packaging and transportation methods, and the authorised recovery operation to be performed on the waste.
The Act imposes several obligations and requirements on the parties governed by it. Orica Australia Pty Ltd, as the permit holder, must comply with all conditions specified in the permit. This includes adhering to the maximum quantity of hazardous waste to be exported (Section 34(1)(a)), ensuring the waste is packaged appropriately in metal drums (Section 34(1)(b)), and following the specified route and ports of transit (Section 34(1)(c)). Additionally, Orica must ensure the waste is exported by sea from the Port of Fremantle and undergoes the recovery operation R8 at the designated Metrex BV recovery facility in The Netherlands (Section 34(1)(d) and (e)).
There are civil and criminal consequences for breaches of the Act. Section 43A of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides for civil penalty provisions, including fines of up to $66,000 for individuals and $330,000 for corporations for each offence. Criminal penalties are also outlined in Section 43B, where individuals may face imprisonment for up to two years, and corporations may be fined up to $1.65 million for offences related to the unauthorised export of hazardous waste. These penalties serve as a deterrent against non-compliance and ensure that the environmental and health risks associated with hazardous waste are managed effectively.