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 22 February 2013, permit AUH228103C was granted to Alcoa Portland Aluminium Pty Ltd, Quarry Road, Portland, Victoria 3305 (Telephone: +61 3 5521 5400, Fax: +61 3 5521 5630).
The particulars of the permit are as follows:
- the hazardous waste to be exported is spent pot liner (Basel Code A4050) and the quantity of the waste to be exported is a maximum of 12000 tonnes in multiple shipments over a three year period;
- the waste will be packed in lined bulk containers, stacked on pallets and shrink wrapped with plastic and then loaded into general purpose freight containers for transport;
- the waste will be transported by rail from Alcoa’s Kalari Depot in Portland, Victoria to the Port of Melbourne; by ship from the Port of Melbourne to the Port of Felixstowe in the United Kingdom and by road to JBM International’s (JBMI) Kingsilver Refinery at Hixon, Staffordshire, ST18 OPY. The waste may transit ports in Singapore, Malaysia (Port of Kelang), Sri Lanka (Colombo), Egypt (Port Said and Suez Canal), Germany (Bremerhaven and Hamburg), France (Le Havre), Netherlands (Rotterdam) and Belgium (Zeebrugee) on its voyage to the United Kingdom;
- no shipment is authorised after 31 December 2013;
- after the export, the waste is to be disposed of at the JBMI facility by recovery operation R5 “Recycling/reclamation of other inorganic materials”.
The permit includes and is subject to the conditions.
The permit is in effect for three years commencing from the date signed.
David Swanton
Delegate to the Minister
Acting Assistant Secretary, Environment Protection Branch
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 Sustainability, Environment, Water, Population and Communities 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 information or enquiries should be directed to:
Director, NPI & Hazardous Waste Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787 CANBERRA ACT 2601
Telephone 1800 803 772, Facsimile (02) 6274 1164, or by E-mail at hwa@environment.gov.au.
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted to address the need for stringent regulation over the export and import of hazardous waste in Australia, ensuring that such activities do not adversely affect the environment or human health. This Act was introduced by the Australian Parliament with the policy objective of implementing the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, thereby controlling the movement of hazardous waste between countries. The Act provides a framework for the regulation of hazardous waste exports and imports, ensuring that they are managed in an environmentally sound manner. This legislative measure was crucial in aligning Australia’s waste management practices with international standards, promoting responsible waste management and preventing illegal trafficking of hazardous materials.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to the export and import of hazardous waste, with specific relevance to entities such as Alcoa Portland Aluminium Pty Ltd involved in such activities. The Act regulates the export of hazardous waste, ensuring compliance with environmental protection standards and international agreements like the Basel Convention. The geographic reach of this Act is national, as it is a Commonwealth Act, and it applies across all states and territories in Australia. The Act sets out the requirements for obtaining an export permit, including the specifics of the waste to be exported, the method of transportation, and the destination. The permit in this case, AUH228103C, granted to Alcoa Portland Aluminium Pty Ltd, is for the export of a maximum of 12,000 tonnes of spent pot liner over a three-year period, with stringent conditions governing the process and final disposal of the waste. The Act allows for extensions and restrictions through subordinate instruments, providing flexibility in the management of hazardous waste exports.
Key Provisions
The notice of decision under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, as outlined in section 33, informs that permit AUH228103C was granted to Alcoa Portland Aluminium Pty Ltd on 22 February 2013. The permit allows for the export of up to 12,000 tonnes of spent pot liner, classified as Basel Code A4050, in multiple shipments over a three-year period. The hazardous waste will be packed in lined bulk containers, shrink-wrapped, and loaded into general purpose freight containers. The transportation will be conducted by rail from Alcoa's Kalari Depot in Portland, Victoria to the Port of Melbourne, by ship from the Port of Melbourne to the Port of Felixstowe in the United Kingdom, and by road to JBM International's Kingsilver Refinery in Hixon, Staffordshire. The shipment may transit through several ports in Singapore, Malaysia, Sri Lanka, Egypt, Germany, France, Netherlands, and Belgium during the voyage to the UK. The export must be completed by 31 December 2013, after which the waste will be disposed of at the JBMI facility through a recovery operation.
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes several obligations on parties governed by the Act. Firstly, the permit holder, Alcoa Portland Aluminium Pty Ltd, must comply with the conditions specified in the permit, which includes the detailed method of packing, transportation, and disposal of the hazardous waste. The company must ensure that all shipments adhere to the stipulated timeline and that the waste is disposed of in accordance with the recovery operation outlined in the permit. Additionally, the company must maintain records and documentation as required by the Act, to facilitate compliance and verification by regulatory authorities.
The Act also includes provisions for penalties and consequences for breaches of its terms. While specific penalties are not detailed in the notice, breaches of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in both civil and criminal penalties. Civil penalties can include fines, which may vary based on the severity and frequency of the breach. Criminal penalties may apply for more serious or deliberate violations, potentially leading to imprisonment for individuals or fines for corporations. The exact penalties would be determined by a court upon conviction, and the Act provides a framework for enforcement by relevant authorities to ensure compliance and protect environmental and public health.