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 30 October 2014, permit AUH145556D was granted to Johnson Matthey PLC, PO Box 1, Belasis Avenue, Billingham, Cleveland TS23 1LB, UNITED KINGDOM (Telephone: +44 1642 523 840) (Fax: + 44 1642 522 117 or 542).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is spent PURASPEC absorbent (Basel code A2030) containing copper and zinc compounds contaminated with mercury sulfide and hydrocarbons;
(b) the quantity of the waste to be exported is up to 125 tonnes in up to five (5) shipments;
(c) the waste is to be contained in sealed drums and strapped to wooden pallets;
(d) the waste is to be exported by sea from Melbourne, transiting Singapore, Malaysia, Sri Lanka, Oman, Egypt, Portugal, United Kingdom, France, Germany, Belgium and The Netherlands en route to Batrec Industrie AG, Postfach 20, Niesenstrasse 44, 3752 Wimmis, SWITZERLAND.
(e) the waste is to be disposed of at the Batrec facility by the recovery operation R4-recycling / reclamation of metals and metal compounds; and
(f) no shipment is authorised before the date below or after 30 September 2015.
The permit includes and 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, 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 by the Parliament of Australia to address the problem of the transboundary movement of hazardous wastes and their disposal, which can pose significant risks to human health and the environment. The Act provides a framework for the regulation of the export and import of hazardous wastes, 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 reduce the transboundary movement of hazardous wastes, particularly to prevent the export of hazardous wastes to countries that do not have the capacity to manage them safely and environmentally soundly. The Act allows the Minister to grant export permits subject to conditions, which ensures that the export of hazardous wastes is conducted in a manner that is consistent with the protection of human health and the environment.
Scope and Application
The notice of decision to grant an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies specifically to Johnson Matthey PLC, a company based in the United Kingdom, which has been granted permit AUH145556D to export hazardous waste. This legislation governs the export and import of hazardous waste across national borders, and the permit outlines the specific details of the hazardous waste to be exported, including the type and quantity of the waste, the method of containment and shipment, and the destination of the waste. The geographic reach of this Act extends to the Commonwealth level, and it applies to entities involved in the export and import of hazardous waste. The Act includes provisions for permit conditions and sets out a timeframe for the shipment of the waste, which in this case is from the date of the decision up until 30 September 2015. The Act also provides for the possibility of applications for review and reasons for decisions to be made available to affected parties.
Key Provisions
The main operative sections of the notice pertain to the grant of an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33), specifying that permit AUH145556D was granted to Johnson Matthey PLC for the export of spent PURASPEC absorbent (Basel code A2030). The notice outlines the particulars of the permit, including the type of hazardous waste (spending PURASPEC absorbent contaminated with mercury sulfide and hydrocarbons), the quantity (up to 125 tonnes in up to five shipments), and the route and method of transport, detailing the export journey from Melbourne through various countries to the destination in Switzerland (sections (a) to (f)). The permit is subject to specific conditions and must be adhered to by the parties involved.
The obligations imposed by the Act on the parties include ensuring that the hazardous waste is exported in compliance with the permit's conditions. Johnson Matthey PLC must adhere to the specified quantities and shipment details, ensuring that the waste is contained in sealed drums and strapped to wooden pallets during transit. Additionally, Batrec Industrie AG must handle the waste in accordance with the permit’s specified recovery operation, R4-recycling/reclamation of metals and metal compounds. The Department of the Environment also has the responsibility to monitor and ensure compliance with the terms of the permit.
There are civil and criminal consequences for breaches of the permit conditions and the Act. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, penalties for non-compliance may include fines and imprisonment. Specifically, for contravening the conditions of an export permit, an individual can face a fine of up to $210,000, and a body corporate can be fined up to $1,050,000. Additionally, under the Act, officers of the Commonwealth may be authorised to enter and inspect premises, seize waste, and take other necessary actions to enforce compliance with the permit conditions. Failure to comply with these provisions can lead to enforcement actions and legal penalties as stipulated in the legislation.