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 12 December 2014, transit permit number AUH 149132N was granted to New Zealand Aluminium Smelters Limited, Tiwai Road, No. 11RD, Invercargill 9877, New Zealand (Telephone: +64 3 218 5892; 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 5000 tonnes in up to ten (10) 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 Germany;
(e) the waste will be recovered at Deutsche Rockwool Mineralwoll GmbH & Co by recovery operations ‘R1 – Use as a fuel or other means to generate energy’;
(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 by the Parliament of Australia to address the need for stringent control and regulation of hazardous waste exports and imports. This legislation aims to protect the environment and human health from the adverse effects of hazardous waste by ensuring that such waste is managed responsibly and safely. The Act establishes a permit system that requires entities to obtain transit permits for the movement of hazardous waste through Australian territory, with a focus on facilitating lawful transit while preventing illegal trafficking and ensuring compliance with international hazardous waste management standards. The policy objective is to provide a regulatory framework that aligns with international conventions and protocols, such as the Basel Convention, to manage hazardous waste effectively and sustainably.
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 within Australia or between Australia and other countries. The Act governs the movement of hazardous materials, ensuring they are managed in a manner that minimises risks to human health and the environment. It applies to various industries, including those involved in waste management, manufacturing, and transportation. The Act sets out specific conditions for the transit of hazardous waste, as exemplified by the transit permit granted to New Zealand Aluminium Smelters Limited. This permit specifies the type and quantity of hazardous waste to be transited, the required packing and transportation protocols, and the permitted route and recovery method. The Act's jurisdiction extends nationally, covering all states and territories in Australia, and it may be further defined by subordinate instruments, which can include additional regulations or guidelines. While the Act broadly applies to hazardous waste movements, it does not specify exclusions, exemptions, or thresholds in this particular notice, focusing instead on the particulars of the transit permit granted.
Key Provisions
The notice of decision to grant a transit permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) details the granting of transit permit number AUH 149132N to New Zealand Aluminium Smelters Limited. The permit allows for the transit of up to 5000 tonnes of spent pot liner waste, classified as hazardous due to its content of inorganic cyanides and inorganic fluorine compounds. The waste must be transported by sea, with transit through the port of Brisbane in Australia, and will ultimately be recovered in Germany through energy generation processes.
Under this permit, New Zealand Aluminium Smelters Limited is required to adhere to strict guidelines regarding the packaging and transportation of the hazardous waste. These guidelines are based on the United Nations Committee of Experts on the Transport of Dangerous Goods ‘Recommendations on the Transport of Dangerous Goods’. The permit stipulates that the waste must be transported in compliance with these international standards, ensuring safety and regulatory adherence during transit. Additionally, the permit outlines a timeframe for the shipments, with no authorisation before 12 December 2014 and a maximum period of twelve months from that date.
The obligations imposed on the permit holder include ensuring that the waste is packed and transported in accordance with the specified regulations. The permit is subject to conditions that must be met to maintain its validity. Failure to comply with these conditions can result in the permit being revoked, and the permit holder may face legal consequences. The permit holder must also ensure that the recovery of the waste at Deutsche Rockwool Mineralwoll GmbH & Co is conducted in line with the permitted recovery operations, specifically the use of the waste as a fuel or other means to generate energy.
The Act includes provisions for offences and penalties for non-compliance with the permit conditions and regulations. Breaches of the permit conditions can result in criminal charges, with penalties including substantial fines and potential imprisonment. Additionally, civil penalties may be imposed for any harm caused to the environment or public health due to non-compliance. The maximum penalties for such offences are detailed in the relevant sections of the Act and can vary based on the severity and impact of the breach.