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 AUH133137E 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 zinc oxide and zinc sulphide;
(b) the quantity of the waste to be exported is a maximum of 60 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 is by sea from Sydney, transiting ports in Singapore, Malaysia, Egypt, Germany and The Netherlands en route to Antwerp, Belgium, from where it will travel by road to the ACI Industries Ltd recovery facility of Metallo Chimique International NV, Nieuwe Dreef 33, 2340 Beerse;
(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 address the problem of hazardous waste being improperly exported from Australia, potentially causing environmental harm or public health risks both domestically and internationally. This Act provides the legislative framework for the regulation of the export and import of hazardous waste, ensuring that such activities are conducted in a manner that protects human health and the environment. The policy objective of the Act is to control and manage the export and import of hazardous waste in a way that aligns with Australia's international obligations and best practices in waste management. The legislation empowers the relevant authorities to grant permits for hazardous waste exports, subject to stringent conditions that aim to mitigate any potential risks associated with the movement of such waste across borders.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of hazardous waste exports and imports within Australia. This Act governs the issuance of export permits for hazardous waste, ensuring that such waste is managed in a manner that protects human health and the environment. The Act applies to entities involved in the export of hazardous waste, such as Orica Australia Pty Ltd in this case, and mandates adherence to specific conditions as outlined in the permit. Geographically, the Act operates under the jurisdiction of the Commonwealth of Australia, extending its regulatory reach across the nation. Notably, the Act does not specify exclusions or exemptions explicitly in this notice, but it does allow for the imposition of conditions on permits, which can include requirements for the management, transportation, and disposal of hazardous waste. Subordinate instruments may further detail specific requirements and enforcement mechanisms. The permit granted under this Act is subject to the conditions stipulated in the permit, and any aggrieved party may seek reasons for the decision or apply for an independent review within the prescribed timeframes.
Key Provisions
The notice, issued under section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, provides details of a permit granted to Orica Australia Pty Ltd on 20 March 2014. The permit, numbered AUH133137E, authorises the export of up to 60 tonnes of waste spent catalyst, classified under Basel Code A2030 and containing zinc oxide and zinc sulphide. This waste is to be exported in two shipments, contained in metal drums approved for class 9 dangerous goods. The export route involves shipping the waste by sea from Sydney, with transit through ports in Singapore, Malaysia, Egypt, Germany, and The Netherlands, before final delivery to Antwerp, Belgium. From there, the waste will be transported by road to the ACI Industries Ltd recovery facility of Metallo Chimique International NV in Beerse. The intended disposal method at the recovery facility is the recycling/reclamation of metals and metal compounds via operation R4.
The Act imposes several obligations on the permit holder and other parties involved. Firstly, the permit holder must ensure that the waste is exported strictly in accordance with the permit conditions, including the specified shipment dates, quantities, and routes. The permit holder is also required to maintain records and documentation related to the export process and to ensure compliance with all applicable laws and regulations, both in Australia and in the destination country. Furthermore, the permit holder must provide notification and documentation to relevant authorities at each transit and destination port. The exporting facility must also ensure that the waste is properly packaged and labelled, and that it is handled safely throughout the export process.
Breaches of the Act or the permit conditions can result in both civil and criminal consequences. Under section 47 of the Act, any person who contravenes a permit condition can be subject to a civil penalty of up to $1.65 million for a corporation and $330,000 for an individual. Additionally, the Minister may revoke the permit if a breach occurs, which would result in the cessation of the export activities. Criminal penalties may also apply, with section 51 of the Act imposing fines of up to $275,000 for individuals and $1.375 million for corporations, as well as potential imprisonment terms. The severity of these penalties underscores the importance of strict compliance with the Act and the permit conditions.