NOTICE OF DECISION TO VARY A WAIGANI IMPORT 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 30 January 2017, a variation to Waigani import permit AUH16-014 was granted to Tox Free Australia Pty Ltd (ACN 127 853 561), 42 Heather Street, Heatherbrae, NSW 2324 (Telephone + 61 2 4987 7022; Facsimile + 61 2 4987 7622).
The particulars of the permit, as varied, are as follows:
(i) the hazardous waste to be imported is waste oily water (Basel Code: A4060); and
(ii) the maximum quantity of the waste that may be imported is 700,000 litres; and
(iii) the waste is to be transported by sea from Port Moresby direct to the Port of Brisbane and then by road for treatment at one of the following facilities:
(a) Tox Free Australia Pty Ltd at 8-12 Krypton Street, Narangba, QLD 4504 where the waste is to undergo operation D9 – Physico-chemical treatment. The solid fixated waste will then be sent by road to the landfill facility operated by Remondis Australia Pty Ltd, Swanbank Road, Swanbank, QLD 4306 to undergo operation D1 – Deposit into or onto land; or
(b) Transpacific Industries Group Ltd at 26-32 Potassium Street, Narangba, QLD 4504 where the waste is to undergo operations D9 – Physico-chemical treatment and R3 – Recycling/reclamation of organic substances which are not used as solvents. The solid waste residues will then be sent by road to the landfill facility operated by Transpacific Industries Group Ltd at 100 Chum Road, New Chum, QLD 4303 to undergo operation D1 – Deposit into or onto land.
The permit period is from the date below until the permit expiry date of 3 June 2017. All transboundary movements must be completed by the permit expiry date.
The permit includes and is subject to conditions.
Andrew McNee
Delegate of the Minister
Assistant Secretary
Chemicals and Waste Branch
Department of the Environment and Energy
30 January 2017
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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 and Energy requesting the reasons for the decision.
An application for independent merits 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 Principal Registrar, or the Deputy Registrar, Administrative Appeals Tribunal in your capital city, or Territory, as listed under Commonwealth Government Section in the White Pages. For further information, particularly about how to apply for a review, visit www.aat.gov.au.
Further information or enquiries relating to the decision should be directed to:
Director, Hazardous Waste Section
Department of the Environment and Energy
GPO Box 787 CANBERRA ACT 2601
Telephone 1800 803 772, Facsimile (02) 6274 1164, or by email at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for strict regulation of the transboundary movement of hazardous waste, ensuring that such waste is managed in an environmentally sound manner. This legislation was introduced by the Australian Parliament to comply with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, thereby reducing the risk of environmental harm and promoting international cooperation in waste management. The primary policy objective of the Act is to control and monitor the export and import of hazardous waste, ensuring that it is handled in a way that minimises potential risks to human health and the environment.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the importation of hazardous waste into Australia, ensuring that such activities are conducted in a manner that protects human health and the environment. This Act applies to entities, including individuals and companies, that are involved in the importation of hazardous waste, as well as to the hazardous waste itself and the associated transboundary movements. In this instance, the Act applies to Tox Free Australia Pty Ltd, which has been granted a variation to a Waigani import permit to import up to 700,000 litres of waste oily water from Port Moresby to be treated in Queensland. The Act's jurisdictional reach is national, as it is a Commonwealth Act. There are no explicit exclusions mentioned in the notice, but the Act likely contains provisions that allow for certain exclusions or exemptions under specific conditions. The application and enforcement of the Act may be extended or restricted through subordinate instruments, which provide further detail on the conditions and processes involved in the importation of hazardous waste.
Key Provisions
The main operative sections of the notice of decision to vary a Waigani import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 include section 33, which allows the Minister or delegate to vary the permit terms. Section 33 details the specifics of the permit variation, including the type of hazardous waste to be imported (waste oily water), the maximum quantity permitted (700,000 litres), and the transportation routes and treatment facilities involved. It specifies that the waste will be transported by sea from Port Moresby to the Port of Brisbane and then by road to either Tox Free Australia Pty Ltd or Transpacific Industries Group Ltd for treatment. The notice also indicates the permit period and the conditions subject to which the permit is granted.
The obligations and requirements imposed by the Act on Tox Free Australia Pty Ltd and Transpacific Industries Group Ltd include adhering strictly to the terms and conditions of the permit. This includes the correct transportation and treatment of the hazardous waste as specified, ensuring that the maximum quantity of 700,000 litres is not exceeded, and that all transboundary movements are completed by the permit expiry date of 3 June 2017. Additionally, both entities must comply with any additional conditions imposed by the Act, such as reporting requirements and environmental safeguards.
Any breaches of the terms of the permit, or failure to comply with the Act’s requirements, may result in civil or criminal penalties. Under section 51 of the Act, an offence is constituted by contravening any condition of the permit or failing to comply with a requirement. Penalties for such breaches can include fines and imprisonment. For example, the maximum penalty for contravening a condition of the permit is generally set out in the Act, with fines potentially reaching up to several thousand Australian dollars and imprisonment terms varying based on the severity and frequency of the breach. In addition to criminal penalties, there may also be civil consequences, such as the revocation of the permit or other enforcement actions taken by the Department of the Environment and Energy.