Notice of Decision to grant an export permit (AUH1387129T) to PGM Refiners Pty Ltd

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 legislation was introduced to ensure that the movement of hazardous materials across borders is managed in a manner that protects the environment and human health, both within Australia and in the receiving countries. The Act aims to align Australia’s waste management practices with international standards and protocols, particularly under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The Parliament of Australia enacted this Act to provide a robust framework for controlling hazardous waste exports and imports, thereby fulfilling Australia's obligations under international agreements and maintaining high environmental protection standards. The policy objective is to prevent the illicit trafficking of hazardous wastes and to ensure they are managed in a manner that is environmentally sound and does not pose a risk to human health or the environment.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the regulation of the export and import of hazardous waste, providing a framework for the management and control of such activities. This Act is a Commonwealth statute, applying across Australia, with the responsibility for administering the Act falling to the Department of the Environment. The Act applies to entities and individuals who are involved in the export or import of hazardous waste, ensuring that these activities are conducted in a manner that protects human health and the environment. The Act includes provisions for the issuance of export permits, such as the one granted to PGM Refiners Pty Ltd, and specifies conditions that must be adhered to for the safe and environmentally sound management of hazardous waste. While the Act generally applies broadly across the Commonwealth, specific exclusions, exemptions, or thresholds are detailed within the Act or through subordinate instruments, such as regulations or guidelines, which may further define the scope and application of the legislation.

Key Provisions

The notice of the decision to grant an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33) specifies the particulars of the permit granted to PGM Refiners Pty Ltd (AUH1387129T). The permit allows the export of up to 3000 tonnes of leaded glass cullet from Cathode Ray Tubes (CRTs), classified under Basel Code A2010, in up to 150 shipments. The waste must be packaged in plastic lined bulk bags and stored in fully sealed shipping containers throughout the journey. The shipment must comply with relevant shipping and dangerous goods standards and be transported by sea from the Port of Melbourne to the Port of Busan in the Republic of Korea, and subsequently by land to Korea Zinc Co. Ltd's facility for metal recovery operation R4. The permit imposes specific obligations on the licensee, PGM Refiners Pty Ltd. These include ensuring the hazardous waste is properly packaged and stored during transit, adhering to all relevant shipping and dangerous goods regulations, and transporting the waste only to the designated facility in Korea for the specified purpose of recycling/reclamation of metals and metal compounds. The permit is strictly time-bound, with shipments not allowed before 12 November 2013, and all shipments must be completed by 30 September 2014. Breach of the conditions set out in the permit may lead to significant consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, any non-compliance with the permit conditions could result in enforcement actions, including the revocation of the permit or imposition of fines. The exact penalties for breach are not specified in the notice but could include administrative penalties, fines, or even criminal charges depending on the severity and nature of the breach. Parties affected by the decision can seek reasons for the decision from the Department of the Environment within 28 days of the notice or apply for an independent review by the Administrative Appeals Tribunal within the same period.