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 permit number AUH484137O was granted on 10 November 2014 to Beverich Holdings International Pty Ltd trading as Reverse E-waste ABN 87 032 013 097), 1024-1028 Canley Vale Road, Wetherill Park, NSW 2164 (phone +61 2 9757 4847; facsimile: +61 2 9757 4867).
The particulars of the permit are as follows:
- the hazardous waste to be exported is waste cathode ray tube glass (Basel Code A2010), in the form of leaded glass cullet and/or mixed leaded and unleaded glass cullet;
- the quantity of the waste to be exported is a maximum of 4000 tonnes in up to two hundred (200) shipments;
- the waste will be exported by sea from Sydney, Melbourne, Brisbane and Perth, direct to Busan in the Republic of Korea, with no transit countries;
- from Busan the waste will be transported by land to Korea Zinc Co Ltd at
Onsan Complex, 139 Ijin-ro, Onsan-eup, Ulju-gun, Ulsan 689-892; - at the facility of Korea Zinc Co Ltd, the waste is to undergo recovery operation
R4 - Recycling/reclamation of metals and metal compounds; and - no shipment is authorised under this permit before the date below and all transboundary movements are to be completed by 31 July 2015.
The permit includes and is subject to conditions.
Bruce Edwards
Delegate to the Minister
Assistant Secretary
Waste Policy 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 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, as listed in 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 to regulate the export and import of hazardous waste to and from Australia. The Act was introduced to address the environmental and health risks associated with the transboundary movement of hazardous waste, which can include substances that are toxic, corrosive, flammable, or reactive. The Act aims to ensure that hazardous waste is managed in a way that protects human health and the environment, both in Australia and in the countries to which the waste is exported. The policy objective of the Act is to control the export and import of hazardous waste to prevent improper disposal and to ensure that such waste is treated in a manner that minimises the risk of harm to human health and the environment. The Act is administered by the Commonwealth Parliament, and the granting of export permits, such as the one detailed in the notice, is a key mechanism through which the Act is implemented.
Scope and Application
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to entities and individuals involved in the export and import of hazardous waste within Australia and its territories. The Act mandates the granting of export permits for hazardous waste, ensuring that such activities are conducted in compliance with national and international environmental standards. The permit in question was granted to Beverich Holdings International Pty Ltd, a specific entity involved in the export of waste cathode ray tube glass, a hazardous waste material, to a designated facility in South Korea for recycling. The geographic reach of the Act extends to the export of hazardous waste from Australian ports to international destinations, with strict conditions governing the nature and destination of the waste, as well as the timeline for its movement. Exclusions or exemptions from the permit requirements are not detailed in this notice, and any broader exclusions would be specified within the Act itself. The application and enforcement of the Act may be extended or modified through subordinate instruments or regulations, which would detail additional conditions or operational standards.
Key Provisions
The main operative section of this notice is section 33 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989, which mandates the notification of the grant of an export permit. The permit number AUH484137O, issued to Beverich Holdings International Pty Ltd, allows for the export of up to 4000 tonnes of waste cathode ray tube glass, specifically leaded glass cullet and/or mixed leaded and unleaded glass cullet, from Australian ports to Busan in the Republic of Korea. This waste will then be transported by land to Korea Zinc Co Ltd, where it will undergo a recovery operation to recycle metals and metal compounds. The export must be completed by 31 July 2015, and the permit is subject to specific conditions that govern the process.
The obligations imposed by this Act on Beverich Holdings International Pty Ltd include adherence to the conditions of the permit, which likely include proper labelling, handling, and documentation of the hazardous waste throughout its journey. Additionally, they must ensure that all waste is exported via the specified routes and only to the designated recipient, Korea Zinc Co Ltd. Any changes to the plan must be reported to the relevant authorities. The Act also requires the company to maintain records of the export process and make these available for inspection if required by the Department of the Environment.
Failure to comply with the terms of the permit or the Act can result in significant legal consequences. Offences under the Act may lead to civil penalties, which can be substantial, depending on the severity and impact of the breach. For example, non-compliance with waste management regulations can result in fines that reflect the environmental harm caused. Additionally, criminal penalties may apply if the breach is deemed to be of a serious nature, potentially leading to imprisonment. The exact penalties are determined based on the specific circumstances of each case, but the Act provides a framework for enforcement to ensure the safe and responsible management of hazardous waste.