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 9 May 2014 permit, AUH142783B, was granted to TES-AMM New Zealand Ltd, 89 Lansford Crescent, Avondale, Auckland, New Zealand (Telephone: +64 9 820 2109; Fax: +64 9 820 2405).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is waste electrical and electronic equipment (Basel Code: A1180);
(b) the quantity of the waste to be transited is a maximum of 1,200 tonnes in up to one hundred and twenty (120) shipments;
(c) the waste is to be transported by sea from New Zealand, transiting Brisbane en route to Singapore;
(d) the waste is to be recovered at the facility of TES-AMM Singapore Pte Ltd, No. 9 Benoi Sector, Singapore 629844;
(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 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
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, 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 issue of improper management and transboundary movement of hazardous waste, which can pose significant risks to human health and the environment. This legislation provides a legal framework for the regulation of hazardous waste exports and imports, ensuring that such waste is managed in a manner that minimises potential harm. The Act aims to protect Australia's environment by controlling the export and import of hazardous waste, and ensuring that any such activities are conducted in a manner that aligns with international obligations and standards, such as those set by the Basel Convention. The policy objective of the Act is to prevent the improper disposal of hazardous waste, thereby protecting both Australian and international environments from the adverse effects of such waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export or import of hazardous waste in Australia. Specifically, the Act governs the granting of transit permits for the movement of hazardous waste through Australian territory, ensuring that such waste is managed in a manner that protects human health and the environment. The Act extends to the Commonwealth jurisdiction, but its provisions are implemented and enforced by the Department of the Environment. The permit granted under this Act applies to TES-AMM New Zealand Ltd, allowing the transit of up to 1,200 tonnes of waste electrical and electronic equipment from New Zealand to Singapore via Brisbane, subject to strict packaging and transportation conditions as outlined by the United Nations. The permit is valid for one year from the date of issue and includes specific conditions that must be adhered to throughout the transit process. The Act does not explicitly state any exclusions or exemptions, but the permit conditions may include specific exclusions relevant to the particular shipment. The application and review processes are governed by the Administrative Appeals Tribunal Act 1975, allowing affected parties to seek reasons for the decision or apply for an independent review within 28 days of the notice publication or receipt of the reasons, respectively.
Key Provisions
The notice of decision to grant a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 outlines the details of permit AUH142783B granted to TES-AMM New Zealand Ltd. According to section 33 of the Act, this permit allows for the transit of hazardous waste, specifically waste electrical and electronic equipment, from New Zealand through Brisbane to Singapore (section 33(a)). The permit specifies that the maximum quantity of waste that can be transported is 1,200 tonnes in up to 120 shipments, and the waste must be packed and transported according to the United Nations Committee of Experts on the Transport of Dangerous Goods’ recommendations (section 33(b) and (f)). No shipment is permitted before 9 May 2014 or after twelve months from that date.
The obligations imposed on the parties governed by this Act include adherence to the conditions specified in the transit permit. TES-AMM New Zealand Ltd must ensure that the hazardous waste is packed and transported in compliance with international standards, as outlined in the permit (section 33(f)). The Department of the Environment retains the authority to review and enforce compliance with these conditions, ensuring that the transit of hazardous waste is conducted safely and in accordance with regulatory requirements.
Breaches of the conditions outlined in the transit permit may result in various legal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, any failure to comply with the permit conditions could be considered an offence. Such offences may lead to civil or criminal penalties, depending on the severity and intent of the breach. For instance, non-compliance with the packaging and transportation requirements could result in significant fines or imprisonment, as stipulated by the Act. The maximum penalties are not explicitly stated in the notice, but they are typically detailed in the Act itself and could include substantial financial penalties and/or imprisonment terms for serious violations.