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 30 March 2014, permit number AUH1442116Q was granted to Metalman New Zealand Limited, 1 Rangi Road, Takanini 2105, Auckland, New Zealand (Telephone +64 9 274 4567; Fax +64 9 274 8567).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is used lead acid batteries (Basel code A1160);
(b) the quantity of the waste to be transited is a maximum of 8 000 tonnes in up to one hundred (100) shipments;
(c) the waste is to be stacked on to pallets, then strapped and wrapped in clear plastic;
(d) the waste is to be transported by sea from New Zealand, transiting Brisbane en route to Busan in the Republic of Korea;
(e) the waste is to be recovered at Samji Metal Industry Co. Limited recovery facility by recovery operations R4 – Recycling/reclamation of metals and metal compounds;
(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
Assistant Secretary
Environment Protection 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; E-mail: hwa@environment.gov.au.
Overview
The notice pertains to the granting of a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This Act was enacted by the Australian Parliament to regulate the export and import of hazardous waste, aiming to address issues related to the transboundary movement of such waste, ensuring it is managed in an environmentally sound manner. The permit, number AUH1442116Q, was granted to Metalman New Zealand Limited for the transit of used lead acid batteries from New Zealand to South Korea, with a specified route through Brisbane. The policy objective of the Act is to control the export and import of hazardous waste in a way that protects human health and the environment. The permit is subject to certain conditions and allows for specific procedures for review by affected parties, including the option to request reasons for the decision or apply for an independent review through the Administrative Appeals Tribunal.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export, import, and transit of hazardous waste, including the facilitation of the movement of such waste by issuing transit permits. This Act regulates entities involved in the handling and transport of hazardous waste, ensuring compliance with the specified conditions and requirements for safe and environmentally responsible waste management. The permit granted under this Act, as evidenced by the notice, applies specifically to Metalman New Zealand Limited, which is involved in the transit of used lead acid batteries from New Zealand to South Korea, with a transit point in Brisbane. The Act's jurisdiction extends across Australia and applies to all hazardous waste transit operations conducted within its borders, with specific provisions for international transits as illustrated by this case. The Act does not specify exclusions or exemptions within the provided text, but it allows for the imposition of conditions on permits to ensure compliance with the legislation. The application and enforcement of the Act may be extended or refined through subordinate instruments, which are not detailed in the provided notice but are a recognised aspect of the regulatory framework under which the Act operates.
Key Provisions
The primary sections of the notice pertain to the granting of a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically referencing section 33 (1). This section mandates the provision of detailed information regarding the permit granted to Metalman New Zealand Limited, including the type of hazardous waste to be transited, the quantity, packaging and transportation details, the intended recovery facility, and the duration of the permit. The permit, numbered AUH1442116Q, allows for the transit of up to 8,000 tonnes of used lead acid batteries, packed in a specified manner, via sea from New Zealand through Brisbane to Busan in South Korea. The transit must adhere to the conditions outlined in the permit, which will last no longer than twelve months from the specified date.
The obligations imposed by this legislation on Metalman New Zealand Limited include strict compliance with the conditions of the transit permit. This involves ensuring that the hazardous waste is packaged and transported as detailed in the permit, which includes stacking the waste on pallets, strapping, and wrapping in clear plastic. The transportation must follow the designated route and destination, culminating in the recovery of the waste at Samji Metal Industry Co. Limited through specified recovery operations. The company must also ensure that no shipment occurs before the stipulated date or beyond the twelve-month period allowed by the permit. Compliance with these conditions is crucial to avoid legal repercussions and to facilitate the proper and safe transit and recovery of the hazardous waste.
Breach of the conditions set out in the permit or failure to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may lead to significant consequences. Under section 45 of the Act, a person who contravenes the Act or the regulations may be liable to criminal penalties, including fines and imprisonment. The specific penalties depend on the nature and severity of the breach, but they can be substantial, reflecting the seriousness of mishandling hazardous waste. Additionally, the Department of the Environment has the authority to seek enforcement actions, including the revocation of permits, to ensure compliance with the Act. Furthermore, the Act provides avenues for review and appeal, allowing affected parties to seek reasons for decisions or apply for independent review of the decision by the Administrative Appeals Tribunal.