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 15 November 2013, permit number AUH 311103A was granted to Alcoa Portland Aluminium Pty Ltd (ABN 006 306 752), Quarry Road, Portland, Victoria 3305 (Telephone: +61 3 5521 5400; Facsimile: +61 3 5521 5401).
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 7 200 tonnes in up to twelve (12) shipments;
- 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 road to the Port of Melbourne; by ship from the Port of Melbourne to the Port of Hamburg in Germany and by road to the recycling facility;
- the waste may transit ports in Singapore, Malaysia, Egypt and France on route to Germany;
- after the export, the waste is to be disposed of at the Rockwool facility at Deutsche Rockwool Mineralwolle GmbH & Co. OHG at District Hiltrup, Nobelstrasse 4, D-48161 Muenster, Germany by recovery operation R5 “Recycling/reclamation of other inorganic materials”;
- no shipment is authorised under this permit before the date above or after 1 September 2014.
The permit includes and is subject to conditions.
Andrew McNee
Delegate to the Minister
Assistant Secretary
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 information or 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, 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 problem and gap of ensuring that hazardous waste exported from Australia is managed in an environmentally sound manner. This Act was introduced to prevent the export of hazardous waste to countries that do not have the capacity to manage such waste in an environmentally safe and efficient way, thereby protecting both the environment and public health. The policy objective of the Act is to regulate the export and import of hazardous waste in a way that minimises risks to human health and the environment, while also facilitating the environmentally sound management of such waste. The Act provides a framework for the granting of export permits for hazardous waste, ensuring that exports are conducted in accordance with strict conditions and oversight mechanisms.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 governs the export and import of hazardous waste within Australia, applying to any person or entity intending to export or import such waste. The Act provides a framework for the regulation of these activities to ensure they are conducted in a manner that protects human health and the environment. The Act applies to the export of hazardous waste, including the shipment of specific types and quantities of waste, as demonstrated in the permit granted to Alcoa Portland Aluminium Pty Ltd for the export of up to 7,200 tonnes of spent pot liner to a recycling facility in Germany. The geographic reach of the Act is national, overseeing all hazardous waste exports and imports within Australia. While the Act broadly covers hazardous waste transactions, specific exclusions or exemptions are not detailed in the notice. However, the Act may extend its application through subordinate instruments, which are not explicitly mentioned in this notice.
Key Provisions
The key provision of the document is the grant of an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (section 33). Permit number AUH 311103A was granted to Alcoa Portland Aluminium Pty Ltd, allowing them to export up to 7200 tonnes of spent pot liner (Basel Code A4050) in twelve shipments to Deutsche Rockwool Mineralwolle GmbH & Co. OHG in Germany. The waste must be packed, transported, and disposed of in a specific manner, with transit allowed through ports in Singapore, Malaysia, Egypt, and France. The permit is valid from 15 November 2013 until 1 September 2014 and is subject to certain conditions.
Under the Act, Alcoa Portland Aluminium Pty Ltd has specific obligations, including ensuring that the waste is packed in lined bulk containers, stacked on pallets, and shrink-wrapped with plastic before loading into general purpose freight containers for transport. The waste must be transported by road to the Port of Melbourne, by ship to the Port of Hamburg in Germany, and then by road to the recycling facility. Additionally, the waste must be disposed of by the Rockwool facility through recovery operation R5, which involves recycling or reclaiming other inorganic materials.
Failure to comply with the terms and conditions of the permit may result in various consequences. If the terms are breached, the permit may be revoked, and further legal action may be taken. The maximum penalties for breaches of the Act include fines and imprisonment. Specifically, individuals and corporations can be fined up to $1,100,000 or imprisonment for up to five years, or both, for serious offences, while lesser offences may incur lower fines and penalties. It is important for Alcoa Portland Aluminium Pty Ltd to adhere to the permit's conditions to avoid any potential legal repercussions.