NOTICE OF DECISION TO GRANT A TRANSIT 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 6 December 2013, transit permit number, AUH 376133T, was granted to Cegelec Polynesia, Z.I. Fare Ute, BP 5020, 98716, Pirae, Tahiti, French Polynesia (Telephone: 00 689 414181; Fax: 00 689 414122).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is electrical transformers and other wastes containing or contaminated with polychlorinated biphenyl (A3180);
(b) the quantity of the waste to be transited is a maximum of 10 tonnes in up to five (5) shipments;
(c) the waste will be transported by sea from Papeete, Tahiti, French Polynesia to the Port of Botany in Sydney, where it will be transhipped to another vessel; and transported by sea to the Port of Le Havre in France from where it will be transported by road to the recovery facility for final disposal;
(d) the waste will be recovered at Aprochim SA, Z.I. La Promenade – BP 13, Grez-en-Bouère 53290 by recovery operation ‘D9 – physico-chemical treatment’;
(e) at all times involving transfer and transportation the waste must be packed and transported according to the applicable regulations and/or requirements based on the United Nations Committee of Experts on the Transport of Dangerous Goods ‘Recommendations on the Transport of Dangerous Goods’;
(f) no shipment is authorised under this permit before the date below or after twelve (12) months from that date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
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 information or 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 by the Parliament of Australia to address the problem of the transboundary movement of hazardous waste and its potential environmental and health risks. This Act was designed to ensure that exports and imports of hazardous waste are managed in a way that protects human health and the environment, by requiring permits for such movements and imposing strict conditions on them. The policy objective of the Act is to prevent the uncontrolled movement of hazardous waste, particularly to developing countries, which may not have the capacity to manage such waste safely. The Act aligns with international conventions and agreements, such as the Basel Convention, which aim to minimise the generation of hazardous waste and the need for its transboundary movement.
Scope and Application
The notice of decision to grant a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertains to the transit of hazardous waste, specifically electrical transformers and other wastes containing or contaminated with polychlorinated biphenyl, by the entity Cegelec Polynesia. The permit, numbered AUH 376133T, allows for the transportation of up to 10 tonnes of waste in five shipments from Tahiti to France, with intermediate handling at the Port of Botany in Sydney. This regulation ensures that the waste is managed according to the United Nations Committee of Experts on the Transport of Dangerous Goods' recommendations throughout the transit. The Act applies to the entities involved in the transportation of hazardous waste, regulating their conduct and transactions to ensure compliance with environmental and safety standards. The jurisdictional reach of this Act is national, applying across Australia, and it extends to cover the international transit of hazardous waste under its purview. Any exemptions or exclusions from the application of this Act would need to be explicitly stated in the legislation or any subordinate instruments. The permit itself includes and is subject to specific conditions which must be adhered to during the transit and recovery process.
Key Provisions
The primary operative section of the notice, section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, notates the decision to grant a transit permit to Cegelec Polynesia, effective 6 December 2013. This transit permit, number AUH 376133T, permits the transit of hazardous waste, specifically electrical transformers and wastes containing or contaminated with polychlorinated biphenyl (A3180). The permit allows for the transit of up to 10 tonnes of hazardous waste in no more than five shipments, which must adhere to stringent transport regulations. The waste will be transported by sea from Papeete, Tahiti, to the Port of Botany in Sydney, then transshipped to another vessel, and transported by sea to the Port of Le Havre in France, followed by road transportation to the recovery facility for final disposal at Aprochim SA. Throughout the transit, the waste must be packed and transported according to the United Nations Committee of Experts on the Transport of Dangerous Goods' 'Recommendations on the Transport of Dangerous Goods'.
The Act imposes several obligations on the parties involved. Firstly, Cegelec Polynesia must ensure that all shipments are conducted in compliance with the conditions of the transit permit, including adherence to the specified transport regulations. The company must also ensure that the waste is recovered through the specified recovery operation, 'D9 – physico-chemical treatment', at the designated recovery facility, Aprochim SA. Additionally, Cegelec Polynesia is required to maintain proper documentation and records of the transit process and must notify the Department of the Environment of any changes or issues that arise during the transit. The permit also stipulates that no shipment is authorised before or after a specified date, with the permit being valid for up to twelve months from the date of issuance.
In the event of a breach of the Act, various offences, penalties, or civil and criminal consequences may apply. For example, failure to comply with the conditions of the transit permit could result in administrative penalties, including fines and potential revocation of the permit. Additionally, any environmental harm resulting from non-compliance could lead to further civil and criminal liability. The maximum penalties for breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 are not specified in the notice but can be found in the relevant sections of the Act, which may include significant fines and imprisonment for serious offences. The Act also provides for the Administrative Appeals Tribunal to review decisions related to the permit, offering an avenue for parties whose interests are adversely affected by the decision to seek review.