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 14 December 2012, permit AUH269120N was granted to Nyrstar Australia Pty Ltd, Risdon Road, Lutana, Tasmania, 7009 (Telephone: +61 3 6278 4523, Fax: 03 6278 4608).
The particulars of the permit are as follows:
(a) the hazardous waste to be exported is silver sand (Basel Code A1020) and the quantity of the waste to be exported is a maximum of 2000 tonnes in up to two (2) shipments;
(b) the waste will be packed in flexible, intermediate bulk containers, and loaded into general purpose freight containers;
(c) the method of transport by which the waste will be exported is:
by road from the Nyrstar facility at Port Pirie, South Australia to the Port of Adelaide in South Australia; by ship from the Port of Adelaide, transiting the ports of Singapore and the Suez Canal in Egypt, before reaching its destination at the Port of Antwerp in Belgium; and by road to the disposal facility, Umicore Precious Metal Refining, Adolf Greinerstraat 14, B-2660 Hoboken, Belgium
(d) no shipment is authorised under this permit before the date above or after 31 March 2013;
(e) after the export, the waste is to be disposed of at the Umicore facility by recovery operation R4 “Recycling/reclamation of metals and metal compounds”.
The permit includes and is subject to the conditions.
Andrew McNee
Delegate to the Minister
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 by the Parliament of Australia to address the need for stringent control over the export and import of hazardous waste, ensuring that such activities are managed in a way that protects human health and the environment. The legislation was introduced to fill the gap in regulatory oversight over hazardous waste movements across international borders, providing a legal framework to monitor and control these activities. The policy objective of the Act is to prevent the improper export or import of hazardous waste that could result in environmental harm or pose risks to human health. Through the establishment of permit requirements and stringent conditions, the Act aims to ensure that hazardous waste is managed responsibly and in compliance with international standards.
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 Nyrstar Australia Pty Ltd, a company based in Tasmania, for the export of a particular type of hazardous waste. This Act regulates the export and import of hazardous waste and applies to any person or entity involved in such activities within Australia's jurisdiction. The geographic scope of this Act is national, as it operates under the authority of the Commonwealth of Australia. The permit granted to Nyrstar Australia Pty Ltd allows for the export of up to 2000 tonnes of silver sand classified as Basel Code A1020, with specific details on packaging, transportation, and destination provided. The permit is subject to conditions and is time-bound, expiring on 31 March 2013. The legislation also outlines the process for seeking reasons for the decision and the opportunity for an independent review by the Administrative Appeals Tribunal. The permit does not specify any exclusions or exemptions but adheres to the conditions set forth by the Act. The Act's application may be extended or restricted through subordinate instruments as deemed necessary by the relevant authorities.
Key Provisions
Pursuant to Section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, the legislation provides for the formal granting of an export permit for hazardous waste. In this instance, the notice details the grant of permit AUH269120N to Nyrstar Australia Pty Ltd for the export of up to 2000 tonnes of silver sand, classified under Basel Code A1020, in two shipments. The permit specifies the method of packing, the route of transportation, and the timeframe for the export. The waste is to be transported by road to the Port of Adelaide, then by ship to the Port of Antwerp, and finally by road to the disposal facility in Belgium. The permit is strictly limited to the specified timeframe and is subject to certain conditions that govern the process and disposal of the waste.
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 imposes various obligations on the permit holder and other parties involved in the export process. Nyrstar Australia Pty Ltd, as the permit holder, must adhere to all the specified conditions of the permit, which include proper packaging and labelling, safe transportation, and ensuring that the waste is disposed of in accordance with the approved method and location. Additionally, the Act requires that the Department of Sustainability, Environment, Water, Population and Communities be notified of any changes or issues that arise during the export process. The permit also stipulates that the waste is to be disposed of at the Umicore facility in Belgium through a specified recovery operation.
Breach of the conditions set out in the export permit or failure to comply with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 can result in significant legal consequences. Offences under this Act can lead to both civil and criminal penalties. The Act provides for fines and imprisonment for individuals and corporations found guilty of contravening its provisions. Specifically, the maximum penalties for contravening the Act can include fines of up to $2,100,000 for corporations and up to $210,000 for individuals, along with potential imprisonment terms. These stringent penalties underscore the importance of strict compliance with the Act's provisions to avoid serious legal repercussions.