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 AUS15-017 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 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, 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 need for stringent control over the export and import of hazardous waste, ensuring that such activities do not pose undue risks to human health and the environment. The Act was passed by the Parliament of Australia and aims to provide a regulatory framework that aligns with international standards, particularly those set by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. This legislative measure was introduced to fill a critical gap in existing environmental protection laws by specifically targeting the transboundary movement of hazardous waste, thus facilitating better international cooperation and enforcement in managing such waste. The policy objective of the Act is to protect human health and the environment from the adverse effects of the movement and disposal of hazardous wastes by implementing a permit system and enforcing strict controls on such activities.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export, import, or transit of hazardous waste in Australia, encompassing a wide range of industries and activities. This Act serves to regulate and control the movement of hazardous waste across Australian borders, aiming to protect the environment and public health from potential hazards associated with such waste. The Act's jurisdictional reach is national, governing all states and territories within Australia. It includes provisions for the granting of permits for the export, import, or transit of hazardous waste, as well as conditions that must be adhered to by permit holders. Notably, the Act excludes certain categories of waste as defined by the Basel Convention, and it can be further extended or restricted through subordinate instruments such as regulations and guidelines issued by the relevant authorities. The permit granted to Metalman New Zealand Limited, as detailed in the gazette notice, exemplifies the application of the Act to specific entities and their operations involving hazardous waste.
Key Provisions
The main operative sections of the notice concern the granting of a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The permit (section 33) was issued to Metalman New Zealand Limited for the transit of used lead acid batteries, up to a maximum of 4,000 tonnes, in up to 40 shipments, from New Zealand through Australia to the Republic of Korea. The batteries must be securely wrapped and packed in shipping containers or sealed in plastic containers or drums, and the carrier responsible for the transit is CFR Line New Zealand Limited. The transit permit is limited in time, with no shipments authorised before 16 April 2015 or after twelve months from that date.
The obligations imposed on Metalman New Zealand Limited and CFR Line New Zealand Limited by this Act include strict adherence to the conditions of the transit permit. This involves ensuring the hazardous waste is securely packed and labelled, and that the transit occurs within the specified timeframe. Both companies are required to maintain records of the transit, including any necessary documentation and communications with the relevant authorities in New Zealand, Australia, and the Republic of Korea. They must also comply with any additional conditions specified by the issuing authority and any applicable international agreements or conventions, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
Failure to comply with the provisions of the Act and the conditions of the transit permit may result in civil or criminal penalties. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, penalties for breaches can include fines and imprisonment. The maximum penalties for offences related to hazardous waste management can be substantial, with fines potentially reaching hundreds of thousands of dollars and imprisonment terms extending up to several years, depending on the severity and circumstances of the breach. Additionally, any party found in breach of the permit conditions may face further administrative consequences, such as the revocation of the transit permit or other related authorisations.