NOTICE OF DECISION TO GRANT 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 24 July 2015, permit AUS15-038 was granted to Toxfree Australia Pty Ltd (Toxfree) (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 are as follows:
(a) the hazardous waste to be imported is waste halogenated solvents (Basel Code A3150);
(b) the quantity of the wastes to be imported is a maximum of 10 000 litres;
(c) the waste halogenated solvents are to be imported in up to 5 shipments:
(i) by sea from Port Moresby direct to Newcastle, NSW or Sydney, NSW; and
(ii) then by land to the facility operated by Toxfree Solutions Ltd at 42 Heather Street, Heatherbrae, NSW 2324 to undergo operation R13 – Accumulation of material; or
(iii) by sea from Port Moresby direct to Melbourne, VIC;
(e) all of the wastes are to be forwarded to the facility of Geocycle SPF Pty Ltd, 1/92-94 Ordish Road, Dandenong South, VIC 3175, to be blended in the manufacture of fuel used in cement kilns, undergoing operation R1 - Use as a fuel (other than in direct incineration); and
(f) the permit expires on 30 June 2016 and all transboundary movements of the waste halogenated solvents must be completed by that date.
The permit includes and is subject to conditions.
Paul Kesby
Acting Assistant Secretary
Chemicals and Waste Branch
24 July 2015
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, listed under the 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; email hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent regulation of hazardous waste exports and imports within Australia. This Act, enacted by the Australian Parliament, aims to ensure the environmentally sound management of hazardous wastes, protecting human health and the environment from potential risks associated with their transboundary movement. The Act facilitates the control and monitoring of hazardous waste movements, ensuring they comply with national and international standards, thus maintaining Australia's commitment to sustainable waste management practices. Through this legislative framework, Australia seeks to prevent the illegal trafficking of hazardous wastes and to promote transparency and accountability in the handling and disposal of such materials.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the import of hazardous waste into Australia, with its regulations and provisions governing the processes, conditions, and oversight of such imports. This Act specifically applies to entities such as Toxfree Australia Pty Ltd, which, as seen in the gazetted notice, must obtain an import permit to legally import hazardous waste. The geographic reach of the Act is national, applying to all states and territories within Australia. The Act also imposes certain conditions on the import permit, such as the type of hazardous waste, the quantity, the route of importation, and the facilities where the waste will be processed. Notably, the Act allows for the extension or restriction of its application through subordinate instruments, which may include regulations and guidelines that further detail the implementation of the Act. However, there are no stated exclusions or exemptions within the specific context of this gazetted notice, and the permit conditions serve as the primary regulatory mechanism for controlling hazardous waste imports.
Key Provisions
The main operative sections of this legislation concern the granting of an import permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, specifically Section 33. This section allows the Department of the Environment to issue a permit for the importation of hazardous waste. The permit in question, AUS15-038, was granted to Toxfree Australia Pty Ltd for the importation of up to 10,000 litres of waste halogenated solvents, classified under Basel Code A3150. The permit specifies the routes and methods of transport, including sea and land transport to designated facilities in Newcastle, Sydney, and Melbourne, and outlines the permitted operations at these facilities.
Under this legislation, Toxfree Australia Pty Ltd, the permit holder, is required to comply with the specific conditions outlined in the permit. This includes adhering to the specified routes and transport methods for the hazardous waste, ensuring that all waste is delivered to the designated facilities by the expiry date of the permit, which is 30 June 2016. Additionally, Toxfree is responsible for ensuring that all transboundary movements of the waste are completed within the stipulated timeframe. Any deviation from the conditions could result in the permit being revoked or not renewed.
The legislation also outlines the potential consequences for breaches of the permit conditions. While the specific penalties are not detailed in the notice, the Hazardous Waste (Regulation of Exports and Imports) Act 1989 provides for both civil and criminal penalties for breaches of its provisions. These may include fines, imprisonment, or both, depending on the severity of the breach. The notice indicates that affected parties have the right to request reasons for the decision and seek an independent review through the Administrative Appeals Tribunal, further ensuring accountability and the right to contest decisions within the legal framework.