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 28 October 2014, permit number AUH139138N was granted to Mobil Refining Australia Pty Ltd (ABN 48 004 300 163), 12 Riverside Quay, Southbank, VIC 3006, Australia (Phone +61 3 9286 5687; Facsimile: +61 2 9286 5495).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported in one shipment only is spent catalyst (Basel Code A2030);
(b) the quantity of the waste to be exported is a maximum of 50 tonnes;
(c) the waste will be shipped by sea from Melbourne, transiting Singapore en route to the port of Busan in the Republic of Korea;
(d) the waste will then be transported by road to the facility of GS EcoMetal Co Ltd, 333 Whasan-Ri, Onsan-Eup, Ulju-gun, Ulsan 689-896;
(e) the waste is to be disposed of by recovery operation R8–Recovery of components from catalysts;
(f) the shipment is not authorised under this permit before the above date and must be completed by 30 May 2015.
The permit is subject to conditions.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy 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, listed under the 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. Telephone 1800 803 772; Facsimile (02) 6274 1164; E-mail hwa@environment.gov.au
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Australian Parliament to address the growing concern over the improper export of hazardous waste, which could pose significant risks to human health and the environment both within Australia and in importing countries. The Act establishes a regulatory framework to control the export and import of hazardous waste, ensuring that such activities are conducted in a manner that minimises potential harm. The primary objective of the Act is to protect Australia's environment and the health of its citizens by effectively regulating the movement of hazardous waste across borders. The Act empowers the Minister for the Environment to grant export permits subject to certain conditions, as illustrated in the case of the export permit granted to Mobil Refining Australia Pty Ltd for the shipment of spent catalyst waste to the Republic of Korea. This regulatory approach is designed to ensure that hazardous waste is managed responsibly and in compliance with international standards.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste within Australia, providing a framework for managing the movement of such waste to and from the country. The Act applies to any person or entity involved in the export or import of hazardous waste, including companies, businesses, and individuals. The legislation is applicable nationally, as it is a Commonwealth Act, ensuring a uniform approach to hazardous waste regulation across all states and territories. The Act includes provisions for the issuance of export permits, such as the one granted to Mobil Refining Australia Pty Ltd, and mandates that these permits are subject to specific conditions designed to ensure safe and environmentally sound management of hazardous waste. The Act does not specify exclusions or exemptions but relies on the permit conditions to address particular circumstances of each export. The application and interpretation of the Act may be further detailed through subordinate instruments, such as regulations and guidelines, which provide additional clarity and operational directives.
Key Provisions
The Hazardous Waste (Regulation of Exports and Imports) Act 1989, as indicated in the notice of decision to grant an export permit (section 33), pertains to the exportation of hazardous waste by Mobil Refining Australia Pty Ltd. This legislation allows the granting of export permits for hazardous waste under specific conditions and requirements. Section 33 of the Act, for example, provides the framework for issuing such permits and detailing the terms and conditions that must be adhered to. The permit in question, number AUH139138N, specifies that Mobil Refining Australia Pty Ltd is authorised to export a maximum of 50 tonnes of spent catalyst (Basel Code A2030) from Melbourne to Busan, South Korea, with a transit stop in Singapore, and further transportation to the GS EcoMetal Co Ltd facility in Ulsan, South Korea, for recovery operation R8. The permit is strictly for this shipment and must be completed by 30 May 2015.
The Act imposes several obligations on the parties involved. Mobil Refining Australia Pty Ltd, as the permit holder, must ensure that the export and disposal of the hazardous waste comply with all conditions stipulated in the permit. This includes the proper packaging, labelling, and transportation of the hazardous waste to prevent environmental harm. Additionally, Mobil Refining Australia Pty Ltd must keep detailed records of the waste, including its origin, transit, and final disposal. The Act also mandates that the permit holder must notify the Department of the Environment of any changes to the permit conditions or the details of the shipment.
Failure to comply with the provisions of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant penalties. Under the Act, any person who exports hazardous waste without a permit, or who breaches the conditions of an export permit, may face criminal charges. The maximum penalties for such offences can include substantial fines and imprisonment. Furthermore, the Act provides for civil remedies, allowing for the recovery of damages in cases where the export of hazardous waste causes environmental harm. The severity of the penalties underscores the importance of strict adherence to the Act's requirements to protect both public health and the environment.