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 22 November 2013, transit permit number AUH 378132V was granted to New Zealand Aluminium Smelters Limited, Tiwai Road, No. 11RD, Invercargill 9877, New Zealand (Telephone: +64 3 218 5592; Facsimile: +64 3 218 9747).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is spent pot liner (Y32 – inorganic cyanides, Y33 – inorganic fluorine compounds);
(b) the quantity of the waste to be transited is a maximum of 10 000 tonnes in up to twenty (20) shipments;
(c) 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’;
(d) the waste is to be transported by sea from New Zealand, transiting the port of Brisbane in Australia, en route to Felixstowe in the United Kingdom;
(e) the waste will be recovered in the United Kingdom at Befesa Salt Slag Limited by recovery operations ‘R4 – Recycling/reclamation of metals and metal compounds’ and ‘R5 – Recycling/reclamation of other inorganic compounds’;
(f) no shipment is authorised under this permit before the date above 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 to address the need for stringent control over the export and import of hazardous waste in Australia, aiming to protect public health and the environment from potential harm. The Act provides the legal framework for the regulation of hazardous waste movements, ensuring that such waste is managed responsibly and safely. The policy objective of the Act is to prevent the transboundary movement of hazardous waste that could lead to detrimental effects on human health and the environment, in line with international conventions and agreements. The Act empowers the Australian Government to grant transit permits under specific conditions, as illustrated by the recent grant of permit AUH 378132V to New Zealand Aluminium Smelters Limited for the transit of spent pot liner waste through Australian territory. The decision to grant this permit was made by Andrew McNee, Delegate to the Minister, and is subject to review under the Administrative Appeals Tribunal Act 1975.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export, import, and transit of hazardous and other wastes between Australia and other countries. This Act governs the activities of entities involved in the handling, transportation, and disposal of hazardous waste, including companies like New Zealand Aluminium Smelters Limited in this case. The legislation has a national reach within Australia and pertains to any hazardous waste shipments that involve Australian territory. The Act imposes specific conditions on the management and transportation of hazardous waste, ensuring compliance with international standards such as those set by the United Nations Committee of Experts on the Transport of Dangerous Goods. The issuance of transit permits, such as permit number AUH 378132V, is a mechanism through which the Act regulates the movement of hazardous waste across international borders, ensuring that waste is handled in an environmentally sound manner. The permit in question specifies the type of waste, transportation routes, and recovery operations, and is subject to conditions that must be adhered to by the permit holder.
Key Provisions
The main sections of the notice pertain to the granting of a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, the notice informs that a transit permit, number AUH 378132V, was issued on 22 November 2013 to New Zealand Aluminium Smelters Limited for the transit of spent pot liner, classified as hazardous waste due to its inorganic cyanides and inorganic fluorine compounds (section 33(a)). This permit allows for the transit of up to 10,000 tonnes of this hazardous waste in up to twenty shipments, provided all transportation is conducted in compliance with the United Nations Committee of Experts on the Transport of Dangerous Goods’ recommendations (section 33(b)-(c)). The transit is to be conducted via sea from New Zealand through the port of Brisbane in Australia to Felixstowe in the United Kingdom (section 33(d)). The waste will undergo recovery operations in the UK, specifically recycling of metals and metal compounds, and other inorganic compounds (section 33(e)-(f)). This permit is strictly valid from the date of issuance and will expire twelve months later, with no shipments permitted outside this timeframe (section 33(f)).
The Act imposes several obligations on the entities it governs. New Zealand Aluminium Smelters Limited must ensure that all shipments of hazardous waste are conducted in accordance with the transit permit's conditions and applicable international transport regulations. This includes proper packing and transportation of the waste to avoid any risk to human health or the environment. The entity must also ensure that the waste is transported only through the specified route and destination, with no deviations allowed without prior authorisation. Additionally, the entity must keep accurate records of all shipments and ensure that the waste is recovered by the authorised recipient, Befesa Salt Slag Limited, in the United Kingdom, through the specified recovery operations.
Failure to comply with the conditions of the transit permit may result in legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches of the permit conditions may lead to the permit being revoked, and in more severe cases, criminal charges. The maximum penalties for contravening the Act can include substantial fines and imprisonment. The specific penalties are determined based on the nature and severity of the breach, with higher penalties applicable for repeated or egregious violations. In addition to criminal sanctions, the permit holder may also face civil actions for damages resulting from any harm caused by non-compliance with the Act.