Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989,
notice is given that on 18 March 2015 a special export permit (number: AUH 147797Z) was granted to Woodside Energy Limited (ACN 005 482 986), Karratha Gas Plant, PO Box 517, Karratha, Western Australia 67141 (Telephone: +61 8 9158 8366, Facsimile: +61 8 9158 8020).
The particulars of the permit are as follows:
a) the hazardous waste to be exported is waste catalyst (Basel Code A2030) containing copper, zinc and mercury;
b) the quantity of the waste to be exported is a maximum of 500 tonnes in up to 20 shipments;
c) the waste is to be contained in United Nations rated 205 litre drums and strapped to International Standards for Phytosanitary Measures No. 15 (ISPM 15) stamped wooden pallets. The drums are to be sealed and placed four per pallet;
d) the waste is to be exported by sea from Fremantle, and may transit ports in Singapore, Malaysia, Sri Lanka, Oman, Egypt, Portugal, France, Great Britain, Germany, Belgium, The Netherlands, will be imported into Switzerland at Basel and then travel by road to Wimmis;
e) the waste is to be disposed of at the facility of Batrec Industries AG in Wimmis, Switzerland by recovery operation R4 – Recycling/reclamation of metals and metal compounds;
f) no shipment is authorised to leave Australia such that it will transit through Egypt on or after 31 May 2015 unless, prior to the shipment’s departure from Australia, the Competent Authority of Egypt extends its consent period to allow for the transit; and
g) the expiry date for this permit is 31 October 2015.
The permit includes and is subject to the conditions.
Declan O’Connor-Cox, Acting 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
Telephone 1800 803 772, Facsimile (02) 6274 1164, or E-mail at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the issues surrounding the transboundary movement of hazardous waste, aiming to protect human health and the environment from the adverse effects of such waste. This Act was established by the Commonwealth Parliament to regulate the export and import of hazardous waste, ensuring that it is managed in an environmentally sound manner. The policy objective behind the Act is to prevent the uncontrolled movement of hazardous waste between countries, particularly to protect developing countries and areas without the capacity to deal with hazardous wastes properly. The Act provides a framework for the control of hazardous waste exports and imports, including the requirement for permits for such activities, and ensures that there is adequate oversight and management of hazardous waste to prevent harm.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste in Australia, with the Act providing a framework for the management and control of such activities. This legislation specifically applies to entities involved in the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The Act applies across the Commonwealth, providing a national standard for the regulation of hazardous waste exports and imports. Notably, the Act includes provisions for the issuance of special export permits, as evidenced by the permit granted to Woodside Energy Limited for the export of waste catalyst to Switzerland. This permit is subject to various conditions, such as the type of hazardous waste, quantity, packaging, transportation, disposal methods, and transit restrictions. The permit also includes an expiry date and provisions for review and appeal. The Act does not specify exclusions or exemptions, and its application may be extended or restricted through subordinate instruments.
Key Provisions
The legislation in question pertains to the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically detailing the grant of a special export permit to Woodside Energy Limited (section 33). This permit (number AUH 147797Z) authorises the export of up to 500 tonnes of hazardous waste, categorised under Basel Code A2030, containing copper, zinc, and mercury (section 33(a)). The waste must be contained in UN-rated 205-litre drums, strapped to ISPM 15 stamped wooden pallets, and exported in up to 20 shipments from Fremantle, with transit through various ports and final delivery to Batrec Industries AG in Wimmis, Switzerland (section 33(b)–(d)). The export route is subject to specific conditions, including a prohibition on shipments transiting through Egypt after 31 May 2015 unless Egypt's Competent Authority extends its consent (section 33(f)). The permit is valid until 31 October 2015 (section 33(g)).
The obligations imposed by the Act on Woodside Energy Limited and other parties include adherence to the specified export conditions, such as the type and quantity of hazardous waste, packaging, route, and disposal methods. The Act mandates that the waste be exported in compliance with international standards and only through authorised ports and facilities. Moreover, the permit is conditional on not transiting through Egypt after a specific date unless consent is granted by Egypt, highlighting the importance of international cooperation in hazardous waste management. Failure to comply with these conditions can result in the permit being revoked or not renewed.
Breach of the conditions outlined in the special export permit can lead to civil and criminal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, non-compliance may result in fines and imprisonment. The maximum penalties are not explicitly stated in the document but generally, under the Act, individuals can face fines of up to AUD 11,000 and corporations up to AUD 55,000 for minor offences, with higher penalties for more serious breaches. Additionally, the permit can be revoked, and further exports may be prohibited. Legal action can also be taken against parties who fail to comply with the conditions, which can include both civil penalties and criminal charges depending on the severity and intent of the breach.