Notice of Decision to grant Basel Import

Overview

The Basel Import Permit Notice under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, was enacted to regulate the importation of hazardous waste into Australia, ensuring that it is managed in an environmentally sound manner. The Act was introduced to address the need for stringent controls on the transboundary movement of hazardous waste, particularly in light of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. The Parliament of Australia enacted this legislation to align with international standards and obligations aimed at protecting human health and the environment from the adverse effects of hazardous waste. The policy objective of the Act is to facilitate the environmentally sound management of hazardous waste, including the prevention of illegal traffic and the promotion of best practices in waste management. This specific permit, granted to Sterihealth Limited for the importation of up to 150,000 kilograms of clinical and related waste, is subject to strict conditions regarding the transportation and disposal of the waste. The permit outlines detailed requirements for the packaging, transportation, and disposal of the hazardous waste, ensuring compliance with both national and international standards. The permit conditions reflect the overarching goal of the Act to safeguard against the potential environmental and health risks associated with the import of hazardous waste.

Scope and Application

The Basel Import Permit granted under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 applies to Sterihealth Limited, identified by its ABN 83 060 871 249, and pertains specifically to the importation of clinical and related waste, up to a maximum quantity of 150,000 kilograms. This legislation governs the importation of hazardous waste into Australia, ensuring that it is managed in a manner that safeguards public health and the environment. The permit conditions specify detailed requirements for the packaging, transportation, and disposal of the waste, including adherence to international standards for dangerous goods transport and limiting the disposal method to incineration at the Sterihealth facility in Laverton North, Victoria. The permit's jurisdictional reach is national, falling under Commonwealth legislation, but the specifics of its implementation may involve coordination with state and territory authorities. There are no stated exclusions or exemptions in the permit itself, but compliance with overarching hazardous waste regulations is mandatory. The Act allows for the extension or restriction of the permit's application through subordinate instruments, such as regulations or guidelines issued by the relevant authorities.

Key Provisions

The main operative sections of this notice pertain to the granting of a Basel Import Permit (section 33) under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, permit number AUH139280O was granted to Sterihealth Limited, authorising them to import up to 150,000 kilograms of clinical and related hazardous waste. The waste must be transported according to the United Nations Committee of Experts on the Transport of Dangerous Goods’ ‘Recommendations on the Transport of Dangerous Goods’. The importation is limited to twenty shipments by road and sea from specified locations in New Zealand to the Sterihealth facility in Laverton North, Victoria, with incineration as the disposal method. This permit is effective from 18 July 2013 and expires twelve months later. The obligations imposed by this Act on Sterihealth Limited include strict adherence to the outlined transportation and disposal protocols for the hazardous waste. The waste must be packed and transported in compliance with the United Nations’ guidelines, and the shipments must be limited to the specified locations and timeframe. The facility at Laverton North, Victoria, is responsible for ensuring that the waste is disposed of by incineration on land, as stipulated in disposal operation D10. Sterihealth must also ensure that no shipment of waste occurs before or after the authorised dates. The Act delineates consequences for non-compliance with the permit conditions. Breach of the conditions set forth in the Basel Import Permit could lead to civil or criminal penalties. The specific penalties are not detailed in this notice, but under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, breaches of permit conditions could result in fines or imprisonment. The severity of the penalties would depend on the nature and extent of the breach, as well as any aggravating factors. Affected parties may also face enforcement actions from relevant authorities to ensure compliance with the Act.