Notice of Decision to grant an Import Permit (AUH372102U) to Orbitas Pty Ltd

Administered by Department of the Environment and Energy

Legislation au C2013G00393 In force Gazette

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NOTICE OF DECISION TO GRANT AN IMPORT 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 4 March 2013, permit number AUH372102U was granted to
Orbitas Pty Ltd (Orbitas) (ACN 127 151 599), 18 Station Place, Wagga Wagga, New South Wales 2650 (Telephone +61 1300 783 879; Facsimile: +61 1300 783 870).

The particulars of the permit are as follows:

(a)  the hazardous waste to be imported is used lead acid batteries (ULABs);

(b)  the quantity of the waste to be imported is a maximum of 80 tonnes;

(c)  the ULABs will be palletised and strapped, with each individual layer separated by  a sheet of hardboard. Pallets will be loaded into fully enclosed shipping containers, lined with a plastic liner. Kitty litter will be placed within each container to assist in unforseen spillage.

(d)  the method of transport by which the waste is to be imported is:

(i) by road freight from the SA Pacific Sud Accumulatear facility located at Zi de Titioro, PO Box 537 Papeete, Tahiti, French Polynesia (Telephone: +689 424 722; Facsimile: +689 435 306), to the Port of Papeete, Tahiti;

(ii) by sea freight from the Port of Papeete, Tahiti transiting through Lautoka, Fiji and Noumea, New Caledonia, to Port Botany, Australia;

(iii) by road freight from Port Botany to the Australian Refined Alloys recovery facility, located at 202-212 Euston Road, Alexandria NSW, 2650;

(e)  the transboundary movement will take place in four (4) shipments with no shipment authorised under this permit before the date below or after 20 November 2013; and

(f)  after the import, the waste is to be disposed of at the Australian Refined Alloys facility, by recovery operations R1, R4 and R6, namely “use as a fuel or other means to generate energy”; “recycling/reclamation of metals and metal compounds” and “regeneration of acids or bases.”

The permit includes and is subject to conditions.

 

 

 

 

Andrew McNee

Delegate to the Minister

Assistant Secretary

Environment Protection Branch

Department of Sustainability, Environment, Water, Population and Communities

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 problem of hazardous waste being improperly managed and transboundary movement of hazardous waste occurring without adequate controls. The Act was introduced by the Australian Parliament with a policy objective to ensure the environmentally sound management of hazardous waste and to prevent illegal traffic in hazardous waste. On 4 March 2013, a permit was granted under this Act for the import of used lead acid batteries by Orbitas Pty Ltd, subject to specific conditions aimed at mitigating any potential environmental risks associated with the transboundary movement of these hazardous materials. The permit outlines the detailed logistics and management of the waste, including its transport and final disposal methods, which are designed to ensure compliance with environmental protection standards.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to any person or entity involved in the export or import of hazardous waste within Australia. This Act regulates the movement of hazardous waste across international borders to ensure that it is managed in an environmentally sound manner. The Act extends to the Commonwealth jurisdiction, applying to all activities involving the transboundary movement of hazardous waste, regardless of where the waste originates or is destined. The Act provides for the granting of import permits, as evidenced by the permit granted to Orbitas Pty Ltd for the importation of used lead acid batteries from French Polynesia. The permit specifies conditions for the safe handling, transportation, and disposal of the hazardous waste in Australia. The Act also includes provisions for the review of decisions related to permit applications, allowing affected persons to seek reasons for decisions and apply for independent review through the Administrative Appeals Tribunal. While the Act broadly applies to the import and export of hazardous waste, certain exclusions or exemptions may apply, which are typically detailed in subordinate instruments or regulations associated with the Act. These may include specific types of waste that are subject to different regulatory frameworks or activities that are otherwise excluded from the Act's purview.

Key Provisions

The primary operative sections of the Notice of Decision to Grant an Import Permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 pertain to the grant of permit number AUH372102U to Orbitas Pty Ltd. This permit (section 33) allows for the importation of used lead acid batteries (ULABs) in a specified manner. The permit details (a) the type of hazardous waste to be imported, (b) the maximum quantity of 80 tonnes, (c) the method of packaging and transportation, (d) the route of transport from the origin in Tahiti through Fiji and New Caledonia to Australia, and (e) the timeline and method of disposal at the Australian Refined Alloys facility. The obligations and requirements imposed by the Act on Orbitas Pty Ltd include adhering to the specified conditions of the permit, which mandate that the ULABs be palletised and strapped with hardboard separation, loaded into fully enclosed shipping containers with a plastic liner, and equipped with kitty litter for spillage prevention. The transboundary movement must occur in four shipments, and the waste must be disposed of through specified recovery operations at the designated facility. Breach of the conditions of the permit can result in various civil or criminal consequences. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, violations of the conditions of an import permit can lead to penalties. The maximum penalties for breaches may include substantial fines and, in severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach, but the Act provides for enforcement actions to ensure compliance with its provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.