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 9 April 2015, permit number AUH144637U 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 iron oxide, chromium oxide, copper oxide and graphite;
- the quantity of the waste to be exported is a maximum of 150 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 Parliament of Australia to address the problem of the improper export and import of hazardous waste, which could potentially harm the environment and human health. The policy objective of the Act is to regulate the export and import of hazardous waste, ensuring it is managed in an environmentally sound manner. The Act was designed to provide a legal framework for controlling the transboundary movement of hazardous waste, aligning with international agreements such as the Basel Convention. By issuing special export permits, the Act aims to facilitate the export of hazardous waste under strict conditions, ensuring that the exporting and importing countries are fully informed and consent to the transfer. The Act also includes provisions for enforcement and compliance, thereby promoting responsible waste management practices both domestically and internationally.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of exports and imports of hazardous waste in Australia. This Act ensures that hazardous waste is managed in a way that minimises risk to human health and the environment. The Act applies to individuals and entities involved in the export or import of hazardous waste, including companies like Orica Australia Pty Ltd, which in this case was granted a special export permit for waste catalyst. The permit specifies details such as the type of hazardous waste, the quantity, packaging, and the authorised route and destination for the waste shipment. The geographic reach of the Act is national, as it applies across Australia, and it extends to international movements of hazardous waste. The Act does not specify exclusions or exemptions within the text of the gazetted decision, but it is subject to the broader provisions of the Act which may include certain exclusions for low-risk waste or specific types of waste under different regulations. The Act can also extend or restrict its application through subordinate instruments such as regulations or guidelines issued by the Department of the Environment.
Key Provisions
The primary operative section of the notice is section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which allows the Minister to grant a special export permit for hazardous waste. In this case, the permit number AUH144637U has been granted to Orica Australia Pty Ltd for the export of waste catalyst, specifically waste catalyst containing iron oxide, chromium oxide, copper oxide, and graphite, which is coded as Basel Code A2030. The permit authorises the export of a maximum of 150 cubic metres of waste in one shipment, packaged in metal drums. The waste is to be exported by sea from the Port of Fremantle, with transit ports in Malaysia, Egypt, the United Kingdom, and Belgium, before reaching the Metrex BV recovery facility in the Netherlands. The permit allows for the recovery operation R8, which involves the recovery of components from catalysts, and restricts the shipment to the dates specified, from 9 April 2015 to 29 July 2015.
The Act imposes specific obligations and requirements on the permit holder, Orica Australia Pty Ltd. These include ensuring that the hazardous waste is correctly classified and packaged according to the permit's specifications, that it is exported within the permitted dates, and that it is transported to the specified recovery facility. Additionally, Orica Australia Pty Ltd must comply with all relevant Australian and international regulations pertaining to the export of hazardous waste. The permit also requires that any changes to the export plan must be reported to the relevant authorities before they are implemented.
Breaches of the conditions outlined in the special export permit may result in civil and criminal consequences. Under section 58 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, any person who contravenes the permit conditions can be subject to a civil penalty of up to $1,100,000 for a corporation, or $220,000 for an individual, or both. Additionally, criminal penalties may apply, with a maximum penalty of five years imprisonment for individuals and $330,000 for corporations. These penalties are intended to enforce compliance with the Act and to protect the environment and public health from the risks associated with the export of hazardous waste.