NOTICE OF DECISION TO GRANT BASEL 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 18 October 2012, permit AUH121480N was granted to
Sterihealth Vic Pty Ltd (Sterihealth) (ABN 97 001 623 392), 110 Doherty Road,
Laverton North, Victoria 3026 (Telephone +61 3 9360 0873; Facsimile +61 3 9369 7896).
The particulars of the permit are as follows:
(a) the hazardous waste to be imported in multiple shipments is clinical and related waste;
(b) the quantity of the waste to be imported is a maximum of 80,000 kg;
(c) the waste will be packaged in UN approved 4g fibreboard boxes and the boxes will be shrink wrapped onto pallets. Any sharps will be contained with Australian/New Zealand Standard compliant sharps containers and shrink wrapped onto pallets. The pallets will then to be packed into either 20 or 40 foot international shipping containers prior to import.
(d) the method of transport by which the waste is to be imported is:
(i) by road from the Transpacific Technical Services (NZ) Ltd facility located at
12 Allens Road, East Tamaki, Auckland, to the Port of Auckland in New Zealand;
(ii) by ship from the Port of Auckland in New Zealand to the Port of Melbourne in Australia;
(iii) by road from the Port of Melbourne to the Sterihealth facility located at
110 Doherty Road, Laverton North, Victoria 3026;
(e) no shipment is authorised under this permit before the date below or after
30 August 2013; and
(f) after the import, the waste is to be disposed of at the Sterihealth facility, by disposal operation D10 ‘incineration on land’.
The permit includes and is subject to conditions that form Schedule 1 to this permit.
Dated 18 October 2012
Dr Barry Reville
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
Overview
The Hazardous Waste (Regulation of Exports and Imports) Act 1989 was enacted by the Parliament of Australia to regulate the export and import of hazardous waste. The Act aims to protect human health and the environment from the potential dangers associated with the movement of hazardous waste across borders. The Act was introduced to address the need for stringent control and management of hazardous waste to prevent illegal trafficking and ensure environmentally sound management. This legislation is critical in implementing Australia’s obligations under international agreements such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. The policy objective of the Act is to ensure that hazardous waste is managed in a manner that minimises risks to human health and the environment, both domestically and internationally.
Scope and Application
The Basel Import Permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies specifically to Sterihealth Vic Pty Ltd, a company with the Australian Business Number 97 001 623 392. The permit, identified as AUH121480N, authorises the import of up to 80,000 kg of clinical and related hazardous waste from a facility in New Zealand to a facility in Victoria, Australia. This includes the packaging, transportation, and ultimate disposal of the waste at the Sterihealth facility through incineration on land. The permit is strictly bound by the conditions outlined in Schedule 1 and is effective from a specified date up until 30 August 2013. The Act itself extends to regulating the import and export of hazardous waste across Australia, with the specific permit providing detailed operational parameters and oversight for this particular import. The permit does not explicitly exclude any categories of waste or operations within its scope, though it is subject to the overarching conditions of the Hazardous Waste Act.
Key Provisions
The main operative sections of this notice detail the granting of a Basel Import Permit (AUH121480N) to Sterihealth Vic Pty Ltd under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The permit, granted on 18 October 2012, authorises Sterihealth to import up to 80,000 kg of clinical and related hazardous waste from Transpacific Technical Services (NZ) Ltd in Auckland, New Zealand, to Sterihealth's facility in Laverton North, Victoria. The waste will be transported by road from Auckland to the Port of Auckland, then by ship to the Port of Melbourne, and finally by road to Sterihealth's facility, where it will be disposed of by incineration on land. The permit is valid from the date of issuance until 30 August 2013 and includes specific conditions detailed in Schedule 1.
The Act imposes several obligations on Sterihealth, including adherence to the permit conditions regarding the type, quantity, packaging, and transport of the hazardous waste. Sterihealth must ensure that the waste is packaged in UN approved 4g fibreboard boxes, with any sharps contained in Australian/New Zealand Standard compliant sharps containers, both of which are shrink-wrapped onto pallets and packed into international shipping containers. Additionally, Sterihealth must transport the waste according to the specified route and ensure that no shipment occurs before the permit's effective date or after 30 August 2013. The waste disposal must be conducted in compliance with the permit's incineration requirement at the Sterihealth facility.
Failure to comply with the conditions of the permit or the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 may result in various civil or criminal consequences. While the notice does not specify the exact penalties for breaches, the Act generally allows for enforcement actions such as fines or imprisonment. The severity of the penalties can depend on the nature and extent of the breach. For instance, unauthorised shipments or improper disposal methods could lead to significant fines, while repeated or severe non-compliance might result in criminal charges. It is important for Sterihealth to meticulously follow all permit conditions to avoid such consequences.