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 1 September 2015, transit permit number AUS15-044 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 1 000 tonnes in up to 40 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 to the Republic of Korea, transiting the port of Brisbane in Australia;
(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.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Chemicals and Waste 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 by the Parliament of Australia to address the problem of the improper management and potential environmental harm caused by the export and import of hazardous waste. This legislation aims to regulate the transboundary movement of hazardous waste to ensure it is managed in an environmentally sound manner and in accordance with the principles of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Act establishes a permit system for the export and import of hazardous waste, including transit permits such as the one granted to Metalman New Zealand Limited for the transit of used lead acid batteries through Australia to South Korea. The policy objective is to prevent the transboundary movement of hazardous waste that could cause damage to human health or the environment, while facilitating environmentally sound management practices for such waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to persons and entities involved in the export or import of hazardous waste in Australia, encompassing both domestic and international transactions. The Act governs the movement of hazardous waste across state and territory borders and internationally, regulating the types of waste that can be exported or imported, and establishing a permit system for such activities. The Act's jurisdictional reach extends to the Commonwealth, with states and territories also empowered to enforce its provisions. The Act provides for exclusions and exemptions, which are specified in the subordinate instruments, such as the Hazardous Waste (Regulation of Exports and Imports) Regulations 2014. These regulations detail the types of hazardous waste that are subject to the permit requirements and outline the conditions that must be met for the issuance of transit permits.
Key Provisions
The Gazette Notice (C2015G01424) pertains to a transit permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. According to section 33 of the Act, a transit permit number AUS15-044 was issued to Metalman New Zealand Limited on 1 September 2015. This permit authorises the transit of used lead acid batteries, specifically coded A1160 under the Basel Convention, with a maximum quantity of 1,000 tonnes to be transported in up to 40 shipments. The batteries must be securely strapped and wrapped in clear plastic, then placed on wooden pallets within shipping containers lined with plastic, or sealed in plastic containers or drums and stacked in shipping containers. The waste will be transported by sea from New Zealand to the Republic of Korea, with a transit stop at the port of Brisbane, Australia. The carrier responsible for the transportation is CFR Line New Zealand Limited. The permit is valid for shipments occurring between 1 September 2015 and 1 September 2016, inclusive, and is subject to specified conditions.
The Act imposes several obligations on the permit holder, Metalman New Zealand Limited, and the carrier, CFR Line New Zealand Limited. These include ensuring that all hazardous waste transported under the permit adheres to the prescribed packaging, labelling, and transportation conditions. The permit holder and carrier must also maintain accurate records of the shipments and ensure that the waste is only transited through the specified route and port. Furthermore, they are required to notify the relevant authorities of any changes in the shipment details or route, and to comply with any additional conditions imposed by the permit.
Failure to comply with the requirements of the Act or the conditions of the permit may result in various penalties and consequences. Under section 47 of the Act, any person who contravenes a provision of the Act or a condition of a permit may be liable for a civil penalty. The maximum penalty for an individual is $22,200, and for a body corporate, the maximum penalty is $111,000. In addition to civil penalties, breaches may also lead to criminal charges. If convicted, individuals may face imprisonment for up to five years, and body corporates may be fined up to five times the value of the benefit obtained from the contravention. Furthermore, any failure to comply with the conditions of the permit may result in the permit being revoked, thereby prohibiting further shipments under the permit.
In summary, the key provisions of the Gazette Notice detail the grant of a transit permit for the transportation of hazardous waste under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The permit imposes specific obligations on the permit holder and carrier to ensure safe and compliant transportation of the waste. Failure to adhere to these obligations and the conditions of the permit may result in significant civil and criminal penalties.