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 13 November 2015, transit permit number AUS15-059 was granted to Terrag France, 1 rue Antoine Wagner, F-67190 MUTZIG, FRANCE (Telephone: +33 9 388 488057; Facsimile: +33 388 18841).
The particulars of the permit are as follows:
(a) the hazardous waste to be transited is contaminated soil and stones (Basel code: A3180);
(b) the quantity of the waste to be transited is a maximum of 1 000 tonnes in up to 65 shipments;
(c) the soil and stones will be packaged in authorized bags, loaded onto palettes and placed into 40 foot shipping containers, in accordance with International Maritime Dangerous Goods requirements;
(d) the waste is to be transported by sea from New Caledonia, transiting the port of Brisbane in Australia, en route to Germany;
(f) no shipment is authorised under this permit before the date below 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 to address the problem of the unregulated and potentially hazardous movement of waste materials across national borders, particularly concerning hazardous waste. This legislation was introduced by the Australian Parliament to ensure that the export and import of hazardous waste are managed in a manner that protects human health and the environment. The policy objective of this Act is to prevent and control the transboundary movement of hazardous waste that may be detrimental to human health or the environment, while facilitating the environmentally sound management of such waste through the consent of the countries involved. The Act provides mechanisms for regulating the export and import of hazardous waste, including the requirement for permits and the establishment of conditions to ensure safe handling and disposal.
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, including the transit of such waste through Australian territory. The Act imposes a comprehensive regulatory framework to ensure that hazardous waste is managed in an environmentally sound manner, with the primary aim of preventing illegal traffic and ensuring safe handling. This legislation extends its jurisdiction to any person or entity planning to export, import, or transit hazardous waste in, out of, or through Australia, thereby covering a broad spectrum of industries and activities. The Act's geographical reach is national, applying uniformly across all states and territories of Australia. However, the Act does not specify any exclusions or exemptions, nor does it define specific thresholds for the quantities of hazardous waste that necessitate regulation. The Act allows for the issuance of transit permits under its provisions, which can be subject to conditions, as evidenced by the specific conditions attached to the transit permit granted to Terrag France for the movement of contaminated soil and stones through Brisbane. The Act also provides avenues for review and appeal, ensuring that affected parties can seek clarification or contest decisions related to hazardous waste transit permits.
Key Provisions
Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the main operative sections of this notice concern the grant of a transit permit (section 33). This permit, numbered AUS15-059, has been granted to Terrag France, allowing them to transit hazardous waste from New Caledonia through Australia to Germany. Specifically, the permit pertains to the transit of contaminated soil and stones, classified under Basel code A3180, with a maximum quantity of 1,000 tonnes across up to 65 shipments. The waste will be packaged in authorised bags, loaded onto palettes, and placed into 40-foot shipping containers, complying with International Maritime Dangerous Goods requirements. The transit will be by sea, passing through the port of Brisbane, Australia, with the transit period limited to twelve months from the date of the permit. This permit is subject to specific conditions that must be adhered to.
The obligations imposed by the Act on the parties involved are significant. Terrag France, as the permit holder, must ensure that the hazardous waste is managed and transported in strict accordance with the conditions outlined in the permit and the regulations of the Act. This includes ensuring that the waste is properly packaged and labelled, and that all shipments are documented and tracked. The Australian authorities, on the other hand, are required to monitor the transit to ensure compliance with the permit conditions and the Act. They must also be prepared to intervene if any non-compliance is detected.
Failure to comply with the conditions of the permit or the Act can lead to serious consequences. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include fines of up to $275,000 for individuals and $1.375 million for corporations, depending on the severity and nature of the breach. In more serious cases, criminal penalties can apply, including fines of up to $550,000 for individuals and $2.75 million for corporations, as well as potential imprisonment for up to five years for individuals. Additionally, the permit can be revoked, and further shipments can be prohibited, leading to potential disruptions and additional costs for the permit holder.