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 that on 24 November 2014, a permit (AUH 1451141Y) was granted to Certified Destruction Services Pty Ltd, trading as CDS Recycling (ABN 86 146 007 490), 1359 Kingsford Smith Drive, Pinkenba, QLD 4009 (Telephone: +61 07 3268 1828; Facsimile: +61 07 3268 3891).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste printed circuit boards (Basel Code: A1180);
(b) the quantity of the waste to be exported is a maximum of 150 tonnes in up to ten (10) shipments;
(c) the waste is to be packed in bales, shrink wrapped on pallets and placed into shipping containers;
(d) the waste is to be exported by sea from Brisbane and will travel direct to the Port of Busan in the Republic of Korea;
(e) the waste is to be disposed of by recovery operation R4–Recycling/reclamation of metals and metal compounds at the Korea Zinc Co. Ltd recovery facility at 139 Ijin-ro, Onsan-eup, Ulju-gun, Ulsan City 689-892;
(f) no shipment is authorised under this permit before the date above or after 31 October 2015.
The permit includes and is subject to conditions.
Bruce Edwards
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,
as listed 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
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 export and import of hazardous waste, which posed significant risks to both environmental and human health. This Act was introduced by the Australian Parliament to regulate the export and import of hazardous waste, ensuring that such activities are conducted in a manner that minimises potential harm. The policy objective of the Act is to protect the environment and public health from the adverse effects of hazardous waste by imposing strict controls and oversight on the movement of these materials across international borders. The Act empowers the government to grant special export permits, subject to stringent conditions, to facilitate the export of hazardous waste only when it can be assured that the waste will be managed in an environmentally sound manner in the receiving country.
Scope and Application
The Gazette Notice C2014G01958 pertains to the granting of a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This legislation applies to the export of hazardous waste by entities such as Certified Destruction Services Pty Ltd, which in this instance is authorised to export up to 150 tonnes of waste printed circuit boards to the Republic of Korea. The permit is specifically tailored to cover the export of this waste from Brisbane to the Port of Busan, with a clear timeline of operation from 24 November 2014 to 31 October 2015. The Act applies to the entities involved in the hazardous waste export process and the waste management facilities that will handle the imported waste, such as the Korea Zinc Co. Ltd recovery facility. Geographically, the Act operates at the national level, regulating exports and imports of hazardous waste across Australia. The legislation does not specify exclusions, exemptions, or thresholds in the provided excerpt, but it is noted that the permit is subject to conditions and can be reviewed or appealed as per the provisions of the Administrative Appeals Tribunal Act 1975.
Key Provisions
The key provisions of the notice pertain to the grant of a special export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as outlined in Section 33 of the Act. The permit, identified as AUH 1451141Y, was granted to Certified Destruction Services Pty Ltd, trading as CDS Recycling, and specifies the details of the hazardous waste export. According to the notice, the permit allows for the export of up to 150 tonnes of waste printed circuit boards, categorised under Basel Code A1180, in up to ten shipments. The waste must be packed in bales, shrink-wrapped on pallets, and placed into shipping containers, and it is intended for export by sea from Brisbane to the Port of Busan in the Republic of Korea. The designated facility for waste disposal is the Korea Zinc Co. Ltd recovery facility, where the waste will undergo a recovery operation for recycling metals and metal compounds. The permit is strictly limited in time, authorising no shipments before 24 November 2014, and prohibiting any shipments after 31 October 2015.
The obligations imposed on the permit holder, Certified Destruction Services Pty Ltd, include strict adherence to the conditions set forth in the permit. They must ensure that the waste printed circuit boards are packed, labelled, and exported in accordance with the specifications detailed in the permit. This includes the correct packaging and shipment methods, as well as ensuring that the waste is transported to the specified location and facility in Korea. The permit holder must also comply with any additional conditions or requirements imposed by the Department of the Environment or other relevant authorities. Failure to comply with these obligations could result in the permit being revoked or other enforcement actions being taken.
The notice also outlines the potential consequences for breaches of the permit conditions or any associated legislation. While specific offences and penalties are not detailed in the notice itself, the Act provides for both civil and criminal penalties for breaches. For example, unauthorised exports of hazardous waste can result in substantial fines and potential imprisonment for individuals, as well as fines for corporate entities. Additionally, any failure to comply with the conditions of the permit could result in legal action being taken to enforce compliance or revoke the permit. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions.