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 31 January 2014, permit number AUH131655P was granted to Shell Refining (Australia) Pty Ltd (ABN 46 004 303 842), of 8 Redfern Road, Hawthorn East, VIC 3123 (Telephone: +61 420 317 224).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is spent catalysts (Basel Code A2030);
(b) the quantity of the waste to be exported is a maximum of 104 tonnes in one (1) shipment;
(c) the method of transport by which the waste is to be exported is:
(i) by land to the Port of Botany;
(ii) by sea to New Zealand (through Port Chalmers, Napier, Tauranga & Auckland), Panama (through Cristobal) and the Bahamas (through Freeport) before arriving in New York in the United States of America; and
(iii) then by land to the facility of Sabin Metal West Corporation, 15, 12th Ave East, Williston, North Dakota.
(d) the waste will be disposed of at the facility by recovery operation R8 – Recovery of components from catalysts;
(e) no shipment is authorised before the date above or after 31 December 2014.
The permit includes and is subject to the conditions that form the Schedule to this permit.
Dane Roberts
Acting Assistant Secretary
Environment Protection Branch
31 January 2014
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to regulate the export and import of hazardous waste to and from Australia, addressing the need for stringent control over the movement of hazardous materials to prevent environmental harm and ensure safe handling. The Act was passed by the Parliament of Australia, reflecting a policy objective to protect the environment and public health by ensuring that hazardous waste is managed in a way that minimises risks to human health and the environment. This legislation provides the legal framework for issuing permits for the export of hazardous waste, subject to specific conditions that must be met to safeguard against potential negative impacts. The notice of the decision to grant an export permit under this Act highlights the regulatory process and the specific details of a permit granted to Shell Refining (Australia) Pty Ltd for the export of spent catalysts, illustrating the practical application of the Act in managing the export of hazardous waste.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia. The Act sets out the requirements and permits necessary for such activities, ensuring that hazardous waste is managed in an environmentally sound manner. The Act applies to all hazardous waste exports and imports, regardless of the type of waste, the industry involved, or the destination of the waste. The Act has a national reach, governing hazardous waste exports and imports across the Commonwealth of Australia. However, the Act does not apply to the export or import of hazardous waste that is covered by other legislation or agreements. The Act can be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide further detail on the permit process and conditions. In this case, the permit granted to Shell Refining (Australia) Pty Ltd is subject to specific conditions outlined in the Schedule to the permit.
Key Provisions
The main operative sections of the notice (section 33) inform the public and relevant parties that an export permit (AUH131655P) has been granted to Shell Refining (Australia) Pty Ltd for the export of hazardous waste, specifically spent catalysts (Basel Code A2030), in a maximum quantity of 104 tonnes. This export permit outlines the details of the waste to be exported, the method of transport, the destination, and the intended disposal process. The notice also highlights that this permit is valid from 31 January 2014 to 31 December 2014, and that any shipment must occur within this period.
The obligations imposed on Shell Refining (Australia) Pty Ltd and other parties include adherence to the conditions set forth in the Schedule to the permit. These conditions are critical to ensuring the safe and environmentally sound management of the hazardous waste during its export and disposal. Shell Refining must ensure that the hazardous waste is transported and disposed of in accordance with the specified methods and timelines, and must comply with all regulatory requirements applicable to the export of hazardous waste. Additionally, Shell Refining must notify relevant authorities of any changes to the export plan or disposal process.
Breach of the conditions outlined in the permit, or failure to comply with the terms of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, can result in serious consequences. Offences under the Act may lead to criminal charges, with penalties that include substantial fines and imprisonment. For example, knowingly exporting hazardous waste without a permit, or in breach of permit conditions, can result in a fine of up to $1,100,000 or imprisonment for up to 10 years, or both. Furthermore, civil penalties may also apply, including fines of up to $66,000 per day for each breach of the Act or regulations, as well as potential orders for the remediation of any environmental damage caused by the breach. These penalties serve as a deterrent against non-compliance and underscore the importance of adhering to the regulations governing hazardous waste exports.