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 16 April 2015, transit permit number AUS15-016 was granted to Metalman New Zealand Limited, 1 Rangi Road, Takanini, Auckland 2105, New Zealand (Telephone: +64 9 274 4567; Facsimile: +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 4 000 tonnes in up to 100 shipments;
(c) the batteries will be strapped and wrapped with clear plastic wrapping on to wooden pallets in shipping containers with a plastic liner or sealed in plastic containers or drums and stacked in shipping containers;
(d) the waste is to be transported by sea from New Zealand, transiting the port of Brisbane in Australia, en route to the Republic of Korea;
(e) the carrier transporting the waste is CFR Line New Zealand Limited, 270 Neilson Street, Onehunga, Auckland 1061 (Telephone: +64 9 475 5185; Facsimile: +64 9 475 5186);
(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.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy Branch
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, as listed 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 to address the growing concern of improper management and transboundary movement of hazardous waste, which posed significant risks to human health and the environment. This Act was introduced by the Parliament of Australia with the policy objective of regulating the export and import of hazardous waste to ensure they are managed in an environmentally sound manner. The legislation aims to provide a framework for the control and regulation of hazardous waste movements across international borders, thereby minimising potential risks associated with the transit, treatment, and disposal of such waste. The 1989 Act allows for the issuance of transit permits under specific conditions to ensure the safe and environmentally sound transit of hazardous waste through Australian territory.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia and its territories. This includes the transportation of hazardous waste through Australian ports, as well as the entities responsible for managing, handling, or otherwise dealing with such waste. The Act encompasses a broad range of industries, including manufacturing, recycling, and waste management sectors, and governs the conduct and transactions associated with the movement of hazardous waste across borders. The jurisdictional reach of the Act is national, extending to the Commonwealth, states, and territories of Australia. There are specific exclusions and exemptions provided under the Act, such as for small quantities of hazardous waste, which may not require a permit. The application and scope of the Act can be further extended or restricted through subordinate instruments, including regulations and guidelines issued by the relevant authorities. This ensures the Act remains flexible and responsive to the evolving nature of hazardous waste management and international trade practices.
Key Provisions
The notice under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 informs the public that a transit permit (AUS15-016) was granted on 16 April 2015 to Metalman New Zealand Limited for the transit of used lead acid batteries. The permit allows for the transport of up to 4,000 tonnes of hazardous waste in 100 shipments, specifically used lead acid batteries (Basel code: A1160). These batteries must be securely strapped and wrapped in clear plastic, placed on wooden pallets, and either loaded into shipping containers with a plastic liner or sealed in plastic containers or drums. The transit will occur via sea, passing through the port of Brisbane in Australia, with the final destination being the Republic of Korea. The carrier responsible for transporting the waste is CFR Line New Zealand Limited. It is crucial that no shipment occurs before the permit date or after twelve months from that date. The permit is subject to conditions outlined by the Act.
The Act imposes several obligations on the parties involved. Metalman New Zealand Limited, as the permit holder, must ensure that the hazardous waste is managed in accordance with the conditions of the permit and the regulations of the Act. This includes proper packaging, labeling, and documentation for each shipment. CFR Line New Zealand Limited, as the carrier, must adhere to the transit conditions and any additional requirements specified by the Act, such as ensuring safe and environmentally sound transportation of the hazardous waste. The Department of the Environment, as the issuing authority, is responsible for monitoring compliance and enforcing the provisions of the Act.
Failure to comply with the conditions of the transit permit or the requirements of the Act may result in legal consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties may include fines up to a maximum of $1,110,000 for corporations and $222,000 for individuals, depending on the nature and severity of the breach. Criminal penalties may apply for more serious offences, with maximum fines of $6,600,000 for corporations and $1,320,000 for individuals, along with potential imprisonment. Additionally, the Act allows for the revocation of permits and the imposition of other enforcement measures to ensure compliance and protect the environment from hazardous waste.