NOTICE OF DECISION TO GRANT AN EXPORT 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 27 May 2013, permit AUH129983U was granted to TES-AMM Australia Pty Ltd (TES-AMM) (ABN 20 118 833 346), 1 Marple Avenue, Villawood, NSW 2163.
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is cathode ray tube waste glass (Basel Code A2010) and the quantity of the waste to be exported is a maximum of 1800 tonnes in up to one hundred (100) shipments;
(b) the waste will be packed using wooden pallets with shrink wrap, cardboard boxes and/or one tonne bags bulk packing;
(c) the method of transport by which the waste will be exported is: by road from the TES-AMM facility at Villawood, NSW, to Port Botany, Sydney; by ship from Sydney, transiting ports in Malaysia, India, Sri Lanka, Egypt, Malta, and Italy en route to Tilbury in the United Kingdom. The waste will then be transported by road to SWEEEP Kuusakoski, Gas Road, Sittingburne, Kent.
(d) no shipment is authorised under this permit before the date above or after twelve (12) months from that date;
(e) after the export, the waste is to be disposed of at the SWEEEP Kuusakoski facility by recovery operations R4 and R5, ie recycling/reclamation of metals, metal compounds and other inorganic materials.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary, Environment Protection 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 Sustainability, Environment, Water, Population and Communities 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, see under Commonwealth Government Section in the White Pages. Further information or enquiries should be directed to:
Director, NPI & Hazardous Waste Section
Department of Sustainability, Environment, Water, Population and Communities
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 uncontrolled and potentially hazardous export of waste materials from Australia, ensuring that such exports are managed in a way that protects both the environment and human health. The Act was introduced by the Parliament of Australia with the policy objective of regulating the export and import of hazardous waste to ensure that these activities do not pose a risk to the environment or human health. The Act provides a framework for the regulation of hazardous waste movements across international borders, requiring permits for such activities and setting out conditions to mitigate any potential risks associated with the export or import of hazardous waste.
Scope and Application
The notice of decision to grant an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies specifically to TES-AMM Australia Pty Ltd, a company with an Australian Business Number (ABN) 20 118 833 346, situated in Villawood, New South Wales. The permit, AUH129983U, pertains to the export of up to 1800 tonnes of cathode ray tube waste glass, categorised under Basel Code A2010. This waste is to be transported by road and ship through various international ports before reaching its final destination in the United Kingdom, where it will be processed for metal recycling and reclamation by SWEEEP Kuusakoski. The permit is valid for up to twelve months from the date of issuance, with strict conditions governing the manner of transport, packaging, and disposal of the hazardous waste. The Act operates at a Commonwealth level, with potential avenues for appeal or review under the Administrative Appeals Tribunal Act 1975 for any party whose interests are adversely affected by the decision.
Key Provisions
The key provisions of this notice of decision to grant an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) are outlined in the notice, which was published in accordance with Section 33 of the Act. The notice specifies that permit AUH129983U was granted to TES-AMM Australia Pty Ltd (TES-AMM) on 27 May 2013, allowing them to export up to 1800 tonnes of cathode ray tube waste glass (Basel Code A2010) in up to one hundred shipments. The method of transport involves road transport from TES-AMM's facility in Villawood, NSW, to Port Botany, Sydney, followed by sea transport through various international ports, culminating in road transport to the SWEEEP Kuusakoski facility in the United Kingdom. The permit is valid for shipments made within twelve months from the date of issuance and includes specific conditions for the packing and disposal of the waste.
The Act imposes several obligations and requirements on TES-AMM. Firstly, TES-AMM must ensure that the waste is packed using wooden pallets with shrink wrap, cardboard boxes, and/or one tonne bags for bulk packing. Secondly, the export of the waste must adhere to the specified timeline, with no shipments allowed before the permit issuance date or after the expiry of twelve months from that date. Finally, TES-AMM must ensure that the waste is disposed of at the SWEEEP Kuusakoski facility through specified recovery operations, which include the recycling/reclamation of metals, metal compounds, and other inorganic materials.
Breaching the conditions of the export permit may lead to various consequences under the Act. The specific offences, penalties, or consequences for breach are not detailed in the notice, but generally, non-compliance with the hazardous waste regulations can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could result in imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the provisions of the Act and any relevant regulations or guidelines in place.