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 20 March 2014, permit number AUH131937S was granted to Orica Australia Pty Ltd (ABN 99 004 117 828), 1 Nicholson St, East Melbourne, VIC 3002 (Telephone: +61 3 9665 7543, Facsimile: +61 3 9665 7909).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is waste spent catalyst (Basel Code A2030) containing aluminium oxide, molybdenum trioxide and cobalt oxide;
(b) the quantity of the waste to be exported is a maximum of 20 tonnes in two (2) shipments;
(c) the waste is to be contained in metal drums approved for use with class 9 dangerous goods;
(d) the waste is to be exported by sea from Sydney, transiting ports in Singapore, Malaysia, Egypt, Germany and Belgium en route to Stein, The Netherlands, from where it will travel by road to the ACI Industries Ltd recovery facility of Metrex BV, Sourethweg 13, 6422 P Herleen, Parkstad 6195, The Netherlands;
(e) the waste is to be disposed of at the facility by recovery operation R4 – recycling/reclamation of metals and metal compounds; and
(f) no shipment is authorised before the date above or after 30 September 2014.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
Environment Protection Branch
Department of the Environment
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, see 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
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to establish a comprehensive regulatory framework for the export and import of hazardous waste, thereby addressing the problem of improper management and potential environmental harm associated with the transboundary movement of hazardous waste. This legislation is intended to ensure that hazardous waste is managed in an environmentally sound manner, in accordance with the principles of the Basel Convention, which Australia ratified in 1992. The Act was introduced by the Commonwealth Parliament and its primary policy objective is to protect human health and the environment from the adverse effects of hazardous waste by regulating the export and import of such waste. This notice of decision to grant an export permit under this Act details the specific circumstances of a permit granted to Orica Australia Pty Ltd for the export of waste spent catalyst to a facility in the Netherlands, illustrating the application of the Act's provisions in practice.
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, extending its jurisdictional reach across the Commonwealth. This Act governs the processes and requirements for obtaining permits for the export of hazardous waste, ensuring that such activities comply with environmental protection and waste management regulations. The Act covers a broad range of hazardous waste, including specific categories such as waste spent catalyst, and applies to defined industries and activities that involve handling or processing of such waste. Notably, the Act does not explicitly mention any exclusions or exemptions, meaning that it generally applies to all relevant persons and entities unless otherwise specified through subordinate instruments or specific conditions outlined in individual permits. The Act's application is further detailed in the conditions of each export permit, which may include specifications on waste types, quantities, containment methods, and disposal processes, as exemplified in the case of the permit granted to Orica Australia Pty Ltd for the export of waste spent catalyst to a facility in The Netherlands.
Key Provisions
The main operative sections of this legislation (Gazette) pertain to the granting of an export permit for hazardous waste under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). Specifically, permit number AUH131937S was granted to Orica Australia Pty Ltd for the export of up to 20 tonnes of spent catalyst waste (Basel Code A2030) containing various metal oxides. The waste must be exported by sea, transiting through several countries, and will ultimately be recovered at a facility in The Netherlands (sections (a)-(f)). The permit is valid from 20 March 2014 until 30 September 2014, and no shipment is permitted outside of this timeframe.
The Act imposes several obligations and requirements on the parties involved. Orica Australia Pty Ltd must ensure that the hazardous waste is contained in approved metal drums, comply with all conditions of the permit, and adhere to the specified export route and destination (section (c) and (d)). The Department of the Environment must also notify affected parties of the decision and provide reasons for the permit grant upon request (section 33 and Administrative Appeals Tribunal Act 1975). Additionally, the permit is subject to conditions that must be adhered to throughout the export process.
Failure to comply with the provisions of the Act may result in various legal consequences. Offences under the Act may be subject to criminal penalties, although the specific maximum penalties are not detailed in the gazette. Civil consequences may include fines and other enforcement actions. The Act also allows for applications for review by the Administrative Appeals Tribunal, providing a mechanism for affected parties to challenge the permit decision if they believe it to be unjust or improper.
Overall, the legislation sets out a framework for the controlled export of hazardous waste, ensuring that such exports are managed in a way that protects human health and the environment. It imposes clear obligations on exporters and regulators, while also providing avenues for review and recourse for those affected by the permit decision.